What are my rights if my employer violates the Family and Medical Leave Act (FMLA)?

If your employer violates the FMLA, you may be able to bring a lawsuit. And there are two different theories of recovery under the FMLA, interference and retaliation. FMLA interference occurs when the employer does something to prevent you from exercising your rights under the FMLA. And FMLA retaliation occurs when you do exercise your rights under the FMLA and request and obtain leave, and your employer terminates you or takes another adverse employment action against you as a result. FMLA interference and FMLA retaliation claims are not mutually exclusive, so you may be able to assert both.