External. a.) File or have another person file on his/her behalf, a complaint with the Secretary of Labor. (1.) The complaint may be filed in person, by mail or by telephone, with the Wage and Hour Division, Employment Standards Administration, U. S. Department of Labor. The complaint may be filed at any local office of the Wage and Hour Division; the address may be found in telephone directories. (2.) A complaint filed with the Secretary of Labor should be filed within a reasonable time of when the employee discovers that his/her FMLA rights have been violated, but in no event more than two (2) years from the date the alleged violation occurred, or three (3) years for a willful violation. (3.) No particular form is required to make a complaint, however the complaint must be reduced to writing and include a statement detailing the facts of the alleged violation. or; b.) File a private lawsuit pursuant to section 107 of the FMLA. 1. Which employees are eligible for an FMLA qualifying leave? a) Has been employed by the State for at least 12 months, and b) Has worked and been compensated for at least 1,250 hours during the 12-month period immediately preceding the leave (this does not include vacation, sick leave, other paid leave, or compensatory time—this does include overtime worked). 2. Are only permanent employees eligible for FMLA qualifying leave?
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Council Agreement
External. a.a) File or have another person file on his/her behalf, a complaint with the Secretary of Labor.
(1.) The complaint may be filed in person, by mail or by telephone, with the Wage and Hour Division, Employment Standards Administration, U. S. Department of Labor. The complaint may be filed at any local office of the Wage and Hour Division; the address may be found in telephone directoriesdirectories or on the Department of Labor’s website.
(2.) A complaint filed with the Secretary of Labor should be filed within a reasonable time of when the employee discovers that his/her FMLA rights have been violated, but in no event more than two (2) years from the date the alleged violation occurred, or three (3) years for a willful violation.
(3.) No particular form is required to make a complaint, however the complaint must be reduced to writing and include a statement detailing the facts of the alleged violation. or;
b.b) File a private lawsuit pursuant to section 107 of the FMLA.
(1) If the employee files a private lawsuit, it must be filed within two (2) years of the alleged violation of the Act, or three (3) years if the violation was willful.
1. Which employees are eligible for an FMLA qualifying leave?
a) Has been employed by the State for at least 12 months, and
b) Has worked and been compensated for at least 1,250 hours during the 12-month period immediately preceding the leave (this does not include vacation, sick leave, other paid leave, or compensatory time—time - this does include overtime worked).
2. Are only permanent employees eligible for FMLA qualifying leave?
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement