When Can Twelve Turn into Twenty-Four? Calculation of FMLA Leave for Vessel-Based Employees

The Family and Medical Leave Act (“FMLA”) ensures an employee the ability to take leave and return to work within twelve “workweeks” of a qualifying event. Employers that do not honor the protections of the FMLA risk a lawsuit from the employee or the Department of Labor seeking damages. The damages can include back pay, front pay, lost benefits, liquidated damages, reasonable costs for care of a family member, equitable relief, reinstatement and promotion (if otherwise entitled), attorneys’ fees, and other court costs. Despite its mountain of regulations, and over twenty years on the books, some questions remain unanswered. (more…)