Welcome to the third installment of our FMLA series. In this series, we are providing (1) an overview of FMLA, (2) your entitlements, (3) consequences of FMLA violations; and (4) a case study on FMLA infringements.
If you take your employer to court for violating FMLA, you may receive the following awards:
Lost Back Pay. “Back pay” refers to wages, salary, and benefits you lost as a result of your employer’s wrongful actions. Back pay covers such lost earnings from the date of termination (or other action by your employer) to the date of the judgment in your case.
Lost Front Pay. “Front pay “refers to wages, salary, and benefits you will lose in the future as a result of your employer’s actions (from the date of the judgment to some point in the future). For example, if you’re unlikely to find a new job for another year, you may be awarded front pay for that year.
Liquidated Damages. “Liquidated damages” are amounts automatically awarded unless your employer can show that it acted in good faith. For example, if your employer can show that it made an honest mistake when it denied you leave, you will not be awarded liquidated damages. Liquidated damages under the FMLA are equal to the amount you win in lost back and front pay.
In our last installment, we will provide a case study on steps you can take if your employer violates your FMLA.