How do I File an FMLA Grievance?
The Family and Medical Leave Act (FMLA) was passed by Congress in 1993. It allows workers at companies with more than 50 employees to take up to 12 weeks unpaid leave to care for their own health, or to care for a sick family member. As long as the leave is properly requested, employers must grant it, and cannot terminate an employee while they are on leave or as a result of taking the leave. If an employer fails to abide by FMLA regulations, the employee may file a complaint with the Secretary of Labor, and may be granted compensation.
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Things You'll Need
- Record of discussions with employer
- Paperwork related to leave requests
- Employment contract (if there is one)
Instructions
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Determine if your employer is in breach of FMLA rules. Employers may be in violation if they refuse to allow your leave; use intimidation or threats to discourage you from taking leave or applying for leave; order you to return from leave early; demote you because of your absence or refuse to promote you; refuse to give you back your job; or punish you for complaining about a refusal to allow leave or about other FMLA violations.
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Determine if you are within the allowed time limits for filing a complaint. For most complaints, you have two years from the date of the violation to file a complaint. However, if you can show that your employer willfully violated the FMLA, you may have three years from the date of the violation to file a complaint.
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Determine if there is adequate reason for the time limit to be extended if you are beyond the two-year limitation. Your employer cannot claim they were ignorant of the law as an excuse to violate the FMLA. If they claim they were ignorant, the time limits still apply. The time limit to file an FMLA grievance also does not stop running if there is another grievance procedure pending, such as an interoffice grievance process or if you have also filed a civil suit. For this reason, it is best to file the FMLA grievance as soon as possible.
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File a complaint. You can file a complaint with the Secretary of Labor at any local office of the United States Wage and Hour Division. Complaints can initially be filed in person, by mail or on the telephone. There is no special form for the complaint. It should include a written statement of the acts you are complaining about, all relevant dates and any evidence you may have.
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Consider filing a civil action. The Department of Labor will investigate all complaints. If they find a violation, you may be awarded compensation and your employer could be fined or even sued. You may also file a civil action against your employer for violating your FMLA rights. You will need the advice of a lawyer in order to determine if this is the right course for you.
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Tips & Warnings
You can find a list of all the local offices of the United States Department of Labor Wage and Hour Division on the department's website.
References
- Photo Credit office 2 image by Omely from Fotolia.com
