Section 35 Damages and Remedies

• Library: Employment Discrimination 2008

The remedies available under the FMLA are set forth in 29 U.S.C. §§ 2617 et seq. The FMLA provides for recovery of the following remedies:

• Damages

• Equitable relief, including employment, reinstatement, and promotion

• Reasonable attorney fees, reasonable expert witness fees, and any other costs, 29 U.S.C. § 2617(a)(3)

Specifically, the FMLA provides:

(A) for damages equal to—

(i) the amount of—

(I) any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation; or

(II) in a case in which wages, salary, employment benefits, or other compensation have not...