Is there statute of limitations on employer not disclosing to employee that paid vacation can be applied to unpaid FMLA?

In August 2016 I went through the required procedure for getting medical leave, using some of my vacation time, as allowed. In the process I discovered that I could have applied vacation days for an unpaid family leave (4weeks) that I took in 2009 to care for my mother. At the time I had accrued 43 vacation days. The fact that I was entitled to use paid vacation time toward this leave was not disclosed, and I was unaware of this legal option until last month. Can the company be held accountable for nondisclosure of this right at that time and for not paying me during this four-week period? I realize this happened 7 years ago, but discovery on my part happened only a month ago. Thanks in advance for your advice.

1 answer  |  asked Sep 11, 2016 2:04 PM [EST]  |  applies to California

Answers (1)

Marilynn Mika Spencer
You wrote "In August 2016 I went through the required procedure for getting medical leave" but then you wrote that this took place seven years ago. If this took place in August this year, you are still timely to take action. If this took lace seven years ago, you are way too late.

The statute of limitation to file a claim under the federal FMLA is two years. You can file with the U.S. Department of Labor or directly in federal court.

The statute of limitation for filing a claim under California's similar California Family Rights Act (CFRA) is one year. You can file this claim with the California Department of Fair Employment and Housing.

Here is a link for the US Dept of Labor’s page detailing the employer’s notice requirements under the FMLA:
https://www.dol.gov/whd/regs/compliance/whdfs28d.pdf

As you can see, there is more than one way an employer must comply with the law.

posted by Marilynn Mika Spencer  |  Sep 11, 2016 8:16 PM [EST]

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