FMLA Violation Complaint and Statute of Limitations
A nurse returning to a hospital shift in central Phoenix, a warehouse employee working near the I-10 corridor, or an airline worker based around Sky Harbor can face the same problem after taking protected medical or family leave. The employer approves the time off but later counts those absences against the worker or pressures the employee to return early. Or worse, they refuse to restore the same or an equivalent position or discipline the worker because of the leave.
An FMLA complaint addresses these violations by giving eligible workers a way to challenge conduct that interferes with federal leave rights or punishes them for exercising those rights. Employees can report suspected violations to the U.S. Department of Labor’s Wage and Hour Division or pursue a private civil action when the law allows it. Shields Petitti & Zoldan, PLC can also step in. If your employer changed the rules after you needed protected leave, we can help you reconstruct what happened, determine whether the conduct violated the FMLA, and choose a path that protects both your rights and your livelihood.
What Is an FMLA Complaint?
An FMLA complaint is a formal way to report that an employer violated rights protected by the Family and Medical Leave Act (FMLA). Federal law prohibits employers from interfering with, restraining, or denying FMLA rights. It also protects employees who report suspected violations, provide information during an investigation, or participate in an FMLA proceeding.
For most private-sector employees, that means there are two primary ways to pursue an FMLA violation:
- Filing a complaint with the Wage and Hour Division. The U.S. Department of Labor investigates FMLA complaints and can seek compliance when it finds a violation.
- Filing a private lawsuit. An eligible employee can bring a civil action against an employer for violating the FMLA and, depending on the case, seek lost wages, benefits, other monetary losses, liquidated damages, and equitable relief such as reinstatement or promotion.
Federal law expressly gives employees a private right of action, while the Department of Labor confirms that workers can instead report suspected violations to its Wage and Hour Division. Knowing which path fits your situation can help you move from wondering whether your employer crossed the line to taking a deliberate step to protect your job, income, and future.
When Can I File an FMLA Violation Complaint?
You can file an FMLA violation complaint when you believe your employer denied, interfered with, or retaliated against you for exercising rights protected by the Family and Medical Leave Act.
You may have grounds to file a complaint if your employer:
- Denied qualifying leave—refused time off even though you met the FMLA requirements;
- Counted protected absences against you—used FMLA-covered days to impose attendance points or other discipline;
- Pressured you not to take leave—discouraged you from requesting time off or pushed you to return before your protected leave ended;
- Refused to restore your position—failed to return you to the same job or an equivalent one when the law required reinstatement;
- Penalized you for using FMLA leave—fired, demoted, reduced your hours, or otherwise treated you adversely because you exercised protected rights; or
- Retaliated after you spoke up—punished you for reporting a suspected violation or participating in an FMLA investigation.
You should not have to choose between recovering from surgery, caring for a parent, welcoming a child, or handling another qualifying medical need and keeping the job you worked to build. Yet when an employer interferes with FMLA leave or punishes you for using it, that is exactly the position you can find yourself in. But the hard part isn’t recognizing that something changed. It’s figuring out whether that change crossed a legal line and what you should do before more damage follows.
Shields Petitti & Zoldan can review your leave request, medical certification, attendance records, emails, disciplinary history, and the timing of any job changes to determine whether your employer interfered with protected leave or retaliated against you. From there, the firm can help preserve evidence, communicate with your employer, file a complaint with the Department of Labor, or pursue a lawsuit when the facts support one.
What Is the FMLA Complaint Statute of Limitations?
A statute of limitations sets the deadline for taking legal action. Once that period expires, a court can bar a claim even when the employee otherwise has evidence of an FMLA violation. That makes the FMLA complaint statute of limitations one of the first deadlines a worker should identify.
Federal law generally provides:
- Two years for most violations. An employee generally must bring an action within two years of the last event that constitutes the alleged FMLA violation.
- Three years for willful violations. The deadline extends to three years when the employer willfully violated the law.
The clock does not necessarily start when you first requested leave. For example, if your employer approved FMLA leave but later fired you for taking it, that termination could start the limitations period. The Department of Labor also advises employees to bring complaints to the Wage and Hour Division as soon as possible after discovering a suspected violation.
Waiting can narrow your options before you have decided what you want to do. Shields Petitti & Zoldan can identify the event that likely started the deadline, determine whether the two- or three-year period may apply, and help you act before time takes that decision away from you.
Take the Next Step with Shields Petitti & Zoldan, PLC
An FMLA complaint can put your job, income, and professional reputation in the same frame, so you need counsel prepared for more than a quiet exchange of letters. Shields Petitti & Zoldan brings nearly five decades of combined experience and almost $25 million in settlements and verdicts to employment disputes, along with a reputation for taking cases to court when litigation offers the strongest path forward.
If your employer has made you pay a price for protected leave, contact Shields Petitti & Zoldan and put experienced Phoenix employment lawyers and an FMLA attorney behind your next move.
Official Legal and Other Sources Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other sources during content development.
- 29 U.S.C. § 2617: Enforcement
- 29 U.S.C. § 2615: Prohibited Acts
- U.S. Department of Labor: Fact Sheet #28A: Employee Protections under the Family and Medical Leave Act
