Employee files FMLA suit? Be sure to check calendar

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in FMLA Guidelines,Human Resources

Employees have no more than three years following an alleged FMLA violation to file an FMLA-interference lawsuit. And that’s only if the employer’s violation was “willful.” In most cases, they have just two years to get that lawsuit going.

That’s still longer than employees have to file most other federal employment discrimination claims, such as those under Title VII.

Recent case: Paul sued United Airlines in March 2011 for allegedly having illegally denied him FMLA leave in 2007. More than three years had passed before he filed his lawsuit.

The court quickly threw out his claim, citing the three-year deadline, even though Paul argued that United Airlines had again violated the FMLA later. He had wanted to connect the violations and go back further. He didn’t get that opportunity. (Simkus v. United Air Lines, No. 11-C-2165, ND IL, 2012)

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