*Generally, the deadline for filing a lawsuit under the FMLA (otherwise known as the "statute of limitations") is two years from the last event constituting the alleged violation for which the action is brought**, which is most oftentimes the termination itself. The FMLA allows for a three-year statute of limitations if you can prove that the violation was willful. However, it is EXTREMELY difficult to prove that an FMLA violation was willful, as the standards for doing so are EXTREMELY difficult to satisfy. You should not assume that you will be able to prove that the violation was willful, and thus be permitted to take advantage of the three year statute of limitations. Instead, you should always err on the side of caution, and assume that only the two year statute of limitations will apply.
Answered on Mar 07th, 2014 at 7:02 AM