Valuing FMLA Employment Claims in Pennsylvania

What to Know About the FMLA

Here is an overview of FMLA laws, including eligibility criteria and recognized reasons.

Employee Eligibility

Not all employees are eligible for FMLA leave. For the FMLA to apply to you, you must meet the following criteria:

Work for a Covered Employer

The FMLA covers a specific set of employers, including those in the private sector with a minimum of 50 employees. If your employer has fewer than the required number of employees, they do not fall within FMLA coverage. As such, you would not be eligible for leave.

Worked for a Year

You must have worked for the employer for at least 12 months before requesting leave.

Worked for 1,250 Hours

You must have logged a minimum of 1,250 hours within the specified 12-month period.

Qualifying Circumstances for Leave

FMLA grants employees leave under the following circumstances.

Employees eligible for unpaid leave may claim it without sanctions from their employers. The law guarantees FMLA leave and is not at the employer’s discretion. However, many employers refuse to grant FMLA leave or sanction employees when they take it. Breaches of the FMLA include:

Denying valid FMLA leave requests.
Threatening or discouraging employees from taking FMLA leave.
Suspending benefits like health care, which should continue throughout the unpaid leave.
Demoting or dismissing employees.

Birth and Care of a Newborn

An employee with a newborn can take leave within one year of their child’s birth.

Caring for the Sick

An employee can take leave to care for a child, spouse or parent dealing with a serious medical condition.

Adoption and Foster Care

An employee expecting the placement of an adopted or foster child can take leave within one year of the placement.

Serious Health Condition

An employee is eligible for leave if they have a serious health condition that renders them unable to perform in their role.

Service Member

Upon a qualifying need or emergency, an employee who is a service member’s parent, spouse, child or next of kin is eligible for leave.

How Much Is an FMLA Violation Lawsuit Worth?

Settlements are contracts for you or your lawyer to negotiate, and they depend on the circumstances of each case. Settlement amounts for FMLA violations depend on the type of claim, your salary, how long you were employed and the losses you incurred.

For example, if you lost a $30,000 salary due to wrongful termination, you will likely want to negotiate for the entire $30,000. On the other hand, you will probably aim for a lower amount if you were demoted instead. Your settlement could also include multiple remedies. Besides claiming compensation, you may also seek the reinstatement of all benefits or other damages.

FMLA settlement amounts vary widely, so calculating the average FMLA lawsuit settlement is challenging and may not reflect what you could expect in your case. Settlements could be several thousand dollars or more than one million.

To work out how much you can ask for in a settlement or expect from a jury award if your FMLA retaliation case is won, consult with a legal professional who can guide you through all the relevant legal factors in your case and assess the prospects.

What Damages Are Available for FMLA Violations?

An FMLA violation lawsuit awards damages, the sum of money you claim against the other party — in this case, your employer — in a civil action. The potential value of your FMLA case depends on the type of damages available.

The court awards compensation on a case-by-case basis. Damages may include:

Back Pay

Awarded back pay includes all wages, salaries, commissions, benefits and bonuses you lose due to your employer’s breach of the FMLA rules. The court calculates back pay by adding all losses from the date of the unlawful actions through the date of judgment, minus payments made in the interim. Back pay usually stops accumulating once you secure another job with an equal or higher salary and benefits. Interest may also be added to back pay.

Front Pay

Front pay is forward-looking. It includes salaries, wages and benefits you were likely to gain in the future before your employer’s breach. For example, the court may award front pay to cover those losses if you are unlikely to find a new job within that year.

Liquidated Damages

Liquidated damages are typically equal to the back pay award. They are sometimes called double damages because the employer pays the same amount twice. Liquidated damages are automatically awarded when FMLA retaliation cases are won unless the employer can show they made an honest mistake when denying leave.

Distress and Punitive Damages

While the FMLA does not have punitive damages and emotional distress provisions, you may be able to recover these damages if you have claims under other statutes, such as the Americans with Disabilities Act or the Pregnancy Discrimination Act.

Apart from the general damages, won FMLA retaliation cases may also result in a court award for the attorneys’ fees and costs. The opportunity to recover your legal costs is an added incentive to choose professional legal representation if your case goes to court.

The court may also order your employers to comply with the law, which may mean reinstating you into your old position.

What Evidence Does an FMLA Lawsuit Need?

If you file an FMLA lawsuit, you are alleging that your employer violated your FMLA rights by denying, interfering with or retaliating against your valid leave request. To win your case, you will likely need evidence to show the following.

If you believe your employer violated your FMLA rights but you lack any of this evidence, consult a professional lawyer for advice before proceeding with a lawsuit. You may still have a case, but you should approach it wisely with the help of a reputable attorney.

Eligibility

This evidence shows you worked for a qualifying employer for the required amount of time.

Reason

This is evidence that your purpose for claiming the leave falls within the FMLA’s specifications.

Process

Process evidence proves you submitted your leave request in line with company policy.

Violation

This evidence shows your employer violated your FMLA rights by denying your leave or retaliating.

What Can You Do if Your FMLA Rights Are Violated?

Before determining how much your FMLA case may be worth, you should know the legal avenues available to secure compensation.

One option is to file a complaint with the Wage and Hour Division (WHD) of the Department of Labor (DOL). A valid complaint will lead to an investigation. Based on the investigation’s findings, the WHD will discuss any violations with you and your employer or your representatives and request that your employer pay damages, such as back wages.

Alternatively, you can initiate a private lawsuit against your employer to get damages for your losses. Your employer may fight against the charges or offer to settle the matter out of court.

In either of these instances, you should hire an employment law attorney to help you through the process.

FMLA Cases Won by Employees

If you have an employer retaliation complaint but are not sure about pursuing legal action, consider these successful FMLA lawsuit examples.

Massachusetts

In 2019, a Massachusetts court awarded an employee $1.3 million against an employer who terminated them for going on vacation in Mexico while on medical leave. The employee had taken FMLA leave for medical reasons and was fired on the grounds that they had abused their leave by taking a vacation. The court clarified that going on a vacation does not automatically constitute abuse of FMLA leave. As such, the court concluded that the employer’s actions were unreasonable.
Alabama

Another example involves Mercedes-Benz U.S. International Inc., which terminated two production workers for requesting to use their FMLA-protected leave. Both employees requested leave for qualifying health-related reasons.

Investigators with the WHD found the employer guilty of FMLA discrimination, which resulted in the termination of the two employees. The investigation led to the recovery of $438,625 as compensation for the former employees.

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When your employer violates the FMLA laws, you may file a complaint with the DOL, negotiate a settlement with your employer or sue your employer for compensation. The worth of an FMLA case depends on each case’s circumstances, including the type of violation, your salary and how long your employer refused to pay your wages or benefits. Contact an employment attorney if you feel your employer has violated your FMLA rights.

Weisberg Cummings has skilled employment law attorneys who are passionate about protecting workers’ rights. We aim to assist workers in Pennsylvania in getting what they deserve. Contact us today for a free consultation!

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