However, in such situations, no recovery of premiums may be made by the employer if the employee has chosen to take or continue leave after being denied her request for leave because she is ill or needs to continue the care of a relative or child. When in doubt, ask your employer about your entitlement to such continued benefits before you go out on FMLA leave. While you are out you must report regularly to your employer and advise when you think you will be returning. This is because receiving a job of equal pay and grade may still violate the law if it is a different job. This includes requesting employers to submit their books and records for inspection.
Violations are punishable by injunctive and monetary relief.
For employers who violate the law, monetary damages include an amount equal to the wages, salary, employment benefits, or other compensation denied or lost to an employee. In the event a willful violation is proved, employers are liable for additional damages equal to the amount of the award. The law also imposes reasonable compensation for attorney fees, expert witness fees, and other costs and disbursements. Employers are forbidden from discriminating against workers who attempt to utilize the act or who protest alleged violations. In the event your state law is more comprehensive or offers greater benefits than federal law, state law will control.