An employee may seek damages for any wages, salary, employment benefits or other compensation lost as a result of an FMLA violation. A court may award interest on the lost employment compensation as well as liquidated damages in an amount equal to the lost employment compensation. If an employee has not lost any wages as a result of the violation, the employee may seek actual monetary losses sustained such as the cost of providing care.

The prevailing party may obtain reasonable attorney fees, expert witness fees, and other costs of the lawsuit. Front pay is also an option under the Act.

Lost overtime pay and lost profit sharing are generally not permitted as damages.

FMLA damages may be reduced by unemployment compensation received and by wages an employee would have earned had she not voluntarily quit gainful employment.

Punitive damages and damages for physical and emotional distress are not available under the FMLA.

Sample FMLA discovery requests – interrogatories, document requests and requests for admission

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