3. (§7.68) Actions by Employee
Under the enforcement provision of the FMLA, employees may bring an action against an employer for engaging in the prohibited acts set forth in 29 U.S.C. § 2615. 29 U.S.C. § 2617; 29 C.F.R. § 825.400. Denial of leave is considered a substantive violation; discharge or discrimination against an employee is considered a retaliatory violation.
The term “employee” within the enforcement provision is not limited to current employees; it may include prospective and former...
