Re: Who do I report this to?
Further information on Federal FMLA may be obtained by contacting the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, Department of Labor, Employment Standards Administration, or by dialing 1-866-487-9243.
http://www.dol.gov/elaws/esa/fmla/fc.asp Time Period for Filing a Complaint Generally, a complaint must be filed within two years of the date of the last action which the employee contends was in violation of the Act. However, if it can be shown that the action taken by the employer was willful, the complaint may be filed within three years of that date. For the best chance of success in resolving the complaint, the complaint should be filed as soon after the date of the last action thought to be in violation of the Act as reasonably possible.
The complaint may be filed by the employee or any other person on behalf of the employee.
Filing a Complaint with the Secretary of Labor Complaints may be filed with the Secretary of Labor by contacting the nearest office of the Wage and Hour Division of the Employment Standards Administration, U. S. Department of Labor. The
address/telephone number for local offices may usually be found in the telephone directory listings for government offices under U.S. Government - Labor. The complaint may be filed in person, by letter or by telephone, however, the complaint must be reduced to writing.
The U.S. Department of Labor will review the merits of the complaint, and where appropriate will undertake to resolve the complaint administratively, through negotiations with the employer. When the complaint is resolved administratively, actions are limited to a two-year period and interest and liquidated damages are not recovered. In some cases, the Secretary of Labor may file a lawsuit on behalf of the employee in the event negotiations with the employer are unsuccessful and the Secretary is convinced that violations of the Act did occur.
Potential Remedies Remedies available to the employee in the event the employer is found to have violated FMLA may include:
- Wages
- Employment benefits
- Other compensation denied or lost to the employee
- Actual monetary loss to the employee such as:
- Cost of providing care (this is limited to 12 weeks of wages for the employee) for example to a family member with a serious health condition
- Interest
- An equal amount in liquidated damages unless the employer can show action was taken in good faith
The employee may also obtain appropriate equitable relief such as:
- Employment
- Reinstatement
- Promotion
For more information, see Regulations 29 CFR Part
825.400.
www.dol.gov/elaws/esa/fmla/faq.asp www.wagehour.dol.gov www.dol.gov/esa/programs/whd/state/fmla
Nursing News