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Monday, April 27, 2026

Can I Sue My Employer for Violating the Family and Medical Leave ... - FindLaw

If your employer has violated the Family and Medical Leave Act (FMLA), you can file a complaint with the U.S. Department of Labor (DOL) or bring a private lawsuit under section 107 of the FMLA.

The FMLA requires covered employers to provide their workers with 12 weeks of unpaid leave for certain life events. Under this federal law, FMLA leave is available to eligible employees in any one-year period to tend to:

  • sick family members
  • serious personal illness
  • newborn babies
  • new adoptions or foster care adoptions

Additionally, 12-week leave requests are available to immediate members of military service members who have been deployed for a 12-month period (or longer). Military caregivers are given an extended 26-week period of time to care for service members with serious medical conditions.

If you have a qualifying medical condition, you are anticipating the birth of a child, or you have family suffering from a serious health condition, an employment attorney can make sure you are afforded the full protections of your FMLA rights when requesting a leave of absence from your boss.

If you aren't certain whether your case should be presented to a lawyer just yet, you can also learn more about the FMLA directly through the federal government via the DOL's Wage and Hour Division's FMLA Landing Page

Employer and Employee Eligibility

The FMLA applies to all state, local, and federal government employers. A private employer is covered under the FMLA if:

  • the employer has 50 or more...


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