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. 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 employees. Duckworth v. Pratt & Whitney, Inc., 152 F.3d 1 (1...
