7-H | WHAT ARE THE REMEDIES UNDER THE FMLA?

1) Damages equal to back pay, employment benefits, other compensation denied or lost to employee due to violation (plus interest).

2) Additional damages equaling the damages in 1) UNLESS the Court determines violation was in good faith and the employer had reasonable grounds for believing it had not violated the FMLA.

3) Equitable relief including employment, reinstatement and promotion, and reimbursement for costs and reasonable attorneys and expert fees.

4) Punitive damages are not recoverable.

American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006