What are employees provided under the Family Medical Leave Act?

The Family Medical Leave Act provides that an eligible employee is entitled to a total of twelve workweeks of leave during any twelve month period on account of, inter alia, “a serious health condition that makes the employee unable to perform the functions of the position of such employee.” An employee who secures leave under this federal law is entitled, upon return from such leave, to be restored to the position held. In order to determine whether or not you were unlawfully terminated before the expiration of your Family Medical Leave Act leave time it is essential that you provide all of the relevant facts regarding your Family Medical Leave Act leave to an attorney.

What damages are available under the Family Medical Leave Act?

If you can provide sufficient evidence of damages as a result of having been terminated during your Family Medical Leave Act leave time then you may recover monetary damages and equitable relief, including reinstatement and promotion. The monetary damages shall be equal to (1) the amount of any compensation denied or lost to the employee because of the violation, plus, (2) interest on that amount, plus, (3) as liquidated damages, an additional amount equal to the sum of the actual damages and interest. However, the sum for liquidated damages may be reduced by a court if it finds that the violation was in good faith and the employer had reasonable grounds for believing it had not violated the Act. Additionally, if an eligible employee brings a successful action to recover monetary damages or obtain equitable relief, a court must, in addition to any judgment awarded to the plaintiff, require the defendant to pay to the successful plaintiff reasonable attorneys’ fees, reasonable expert witness fees and other costs of the action.

If you believe that your employer has treated you wrongly, call me at (912) 244-3999 to schedule an initial consultation so we can sit down and talk about the facts of your case and so that I can give you my opinion about whether or not you have a case.