Good news: 3 years is limit for FMLA complaints

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in FMLA Guidelines,Human Resources

The 7th Circuit Court of Appeals has ruled that there is a three-year time limit for employees to file FMLA claims in federal court. It said ­workers have three years from the time their rights were allegedly violated, even if the worker was demoted and lost pay or benefits still affecting her paycheck today.

Recent case: Beverly Robinson worked for Discover Financial until she was fired for poor performance. She sued, alleging that four years earlier she had returned from FMLA leave to a lesser position. She claimed the reassignment to a lesser job still affected her four years later.

The court didn’t buy it. Because her reinstatement was a specific act at a specific time, the clock started ticking right away. She had up to three years to sue for the alleged willful FMLA violation, no more. (Robinson v. Morgan Stanley, No. 11-3243, 7th Cir., 2012)

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