Many clients call Sipherd Burke Law PLLC and ask about the Family Medical Leave Act. Specifically, clients want to understand what damages are available in a Family Medical Leave Act case. Many clients are surprised to find how comprehensive the statute is and how many types of damage it covers. If you are denied Family Medical Leave or retaliated against for taking Family Medical Leave under the Family Medical Leave Act, you may be entitled to the following damages:
· Lost Back Pay – wages, salary, and damages you lost as a result of the denial, interference, or termination.
· Lost Front Pay – wages, salary, and damages you will lose in the future as a result of the denial, interference, or termination. Front pay can be offset by your mitigation efforts (i.e. a new job).
· Liquidated Damages – damages awarded unless your employer can show that it acted in good faith (i.e. it made a simple mistake). Liquidated damages are equal to lost back and front pay.
· Attorneys’ Fees and Costs – a court can award your attorney all of your attorneys’ fees and costs if you prevail on your Family Medical Leave claims. Your employer will be responsible for paying these fees and costs.
Washington State also has a state version of Family Medical Leave, which includes Military Family Leave, Pregnancy Disability Leave, Domestic Violence Leave, and Family Leave Insurance (currently suspended due to budget constraints).
For more information on Family Medical Leave, please visit https://www.dol.gov/whd/fmla/
If you have specific questions or concerns about your Family Medical Leave rights or your employer’s obligations, please contact an attorney at Sipherd Burke Law PLLC.