Section 25 Statute of Limitations

• Library: Employer-Employee Law 2008

The statute of limitations for actions filed under the FMLA is generally two years from the last action that was in violation of the FMLA. 29 U.S.C. § 2617(c)(1); 29 C.F.R. § 825.400(b). For a willful violation, the statute of limitations is three years.
29 U.S.C. § 2617(c)(2); 29 C.F.R. § 825.400(b). To show a “willful” violation and extend the statute of limitations to three years, an employee must demonstrate that the employer “either knew or showed reckless disregard for the matter of whether its...