Section 24 Actions by Employee

• Library: Employer-Employee Law 2008

Under the enforcement provision of the FMLA, employees may bring an action against an employer for violating 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.

When an employee claims that the employee was retaliated against for exercising FMLA rights, the employee must show:

• the exercise of rights afforded by the FMLA

• an adverse employment action; and

• a causal...