What Are Liquidated Damages in an FMLA Case, and Am I Entitled to Them?

The Family and Medical Leave Act (FMLA) is designed to protect employees who need time away from work to care for their health or their families. However, when an employer violates your FMLA rights, the consequences can be significant. If you’ve suffered damages because of an FMLA violation, understanding liquidated damages can be key to asserting your rights. Marshall Forman & Schlein LLC is ready to help you pursue your entitled compensation if your leave was wrongfully denied.

What Are Liquidated Damages?

Liquidated damages are a type of monetary compensation awarded to employees who win cases against their employers for FMLA violations. These damages are essentially a penalty imposed on the employer for failing to adhere to the law. Unlike some other forms of compensation, liquidated damages are not tied to emotional distress or punitive purposes. Instead, they are financial amounts automatically awarded in addition to damages for lost wages and benefits.

How Do Liquidated Damages Apply to FMLA Violations?

Under the FMLA, liquidated damages equal the total amount of the employee’s lost back pay and front pay, plus interest. For example, if you were unlawfully terminated and lost a certain amount in wages and benefits, and the court finds in your favor, you could receive additional compensation in liquidated damages, effectively doubling what you would receive. This provision exists to deter employers from unlawfully interfering with employees’ FMLA rights and to help employees pursue full compensation.

However, employees should remain aware of challenges. For instance, if an employer can prove to the court that their actions were based on reasonable grounds and in good faith, the court may exercise discretion to reduce or eliminate the liquidated damages. It’s important to discuss your situation with your attorney to navigate these challenges accordingly.

Am I Entitled to Liquidated Damages?

To be entitled to liquidated damages in an FMLA case, you must first establish that your employer violated the FMLA. Common examples of violations include denying your request for FMLA leave, failing to reinstate you to your position after leave, retaliating against you for requesting leave, or interfering with your use of leave guaranteed by the FMLA.

To succeed in your claim, you need to demonstrate the following:

1. Your Eligibility: You must show that you were eligible for FMLA leave, meaning you worked for your employer for at least 12 months, logged at least 1,250 hours over the past year and worked for a company with 50 or more employees within a 75-mile radius.
2. A Violation Occurred: You must provide evidence of your employer’s unlawful actions, whether through denied leave, retaliation or other violations.
3. The Consequences: You need to quantify wages, benefits or other financial losses you suffered due to the violation.

Take the Next Step with Marshall Forman & Schlein LLC

Navigating the complexities of an FMLA case can feel overwhelming, but you don’t have to face it alone. At Marshall Forman & Schlein LLC, we have over 50 years of combined legal experience in employment and civil rights law. Our skilled team will review your case, clarify your legal rights and build a tailored strategy to advocate for you. If you believe your FMLA rights have been violated, contact us today to begin.