---
kind: "section"
citation: "29 U.S.C. § 2617"
title: "29"
title_heading: "Labor"
number: "2617"
heading: "Enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/29/2617"
units:
  - "Chapter 28 — Family and Medical Leave"
  - "Subchapter I — General Requirements for Leave"
---

# §2617. Enforcement

- (a) **Civil action by employees—**
  - (1) **Liability—** Any [employer](/usc/29/2611.md?p=4-A) who violates [section 2615 of this title](/usc/29/2615.md) shall be liable to any [eligible employee](/usc/29/2611.md?p=2-A) affected—
    - (A) for damages equal to—
      - (i) the amount of—
        - (I) any wages, salary, [employment benefits](/usc/29/2611.md?p=5), or other compensation denied or lost to such [employee](/usc/29/2611.md?p=3) by reason of the violation; or
        - (II) in a case in which wages, salary, [employment benefits](/usc/29/2611.md?p=5), or other compensation have not been denied or lost to the [employee](/usc/29/2611.md?p=3), any actual monetary losses sustained by the [employee](/usc/29/2611.md?p=3) as a direct result of the violation, such as the cost of providing care, up to a sum equal to 12 weeks (or 26 weeks, in a case involving leave under [section 2612(a)(3) of this title](/usc/29/2612.md?p=a-3)) of wages or salary for the [employee](/usc/29/2611.md?p=3);
      - (ii) the interest on the amount described in [clause (i)](#a-1-A-i) calculated at the prevailing rate; and
      - (iii) an additional amount as liquidated damages equal to the sum of the amount described in [clause (i)](#a-1-A-i) and the interest described in [clause (ii)](#a-1-A-ii), except that if an [employer](/usc/29/2611.md?p=4-A) who has violated [section 2615 of this title](/usc/29/2615.md) proves to the satisfaction of the court that the act or omission which violated [section 2615 of this title](/usc/29/2615.md) was in good faith and that the [employer](/usc/29/2611.md?p=4-A) had reasonable grounds for believing that the act or omission was not a violation of [section 2615 of this title](/usc/29/2615.md), such court may, in the discretion of the court, reduce the amount of the liability to the amount and interest determined under clauses [(i)](#a-1-A-i) and [(ii)](#a-1-A-ii), respectively; and
    - (B) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion.
  - (2) **Right of action—** An action to recover the damages or equitable relief prescribed in [paragraph (1)](#a-1) may be maintained against any [employer](/usc/29/2611.md?p=4-A) (including a public agency) in any Federal or [State](/usc/29/2611.md?p=3) court of competent jurisdiction by any one or more [employees](/usc/29/2611.md?p=3) for and in behalf of—
    - (A) the [employees](/usc/29/2611.md?p=3); or
    - (B) the [employees](/usc/29/2611.md?p=3) and other [employees](/usc/29/2611.md?p=3) similarly situated.
  - (3) **Fees and costs—** The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney’s fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant.
  - (4) **Limitations—** The right provided by [paragraph (2)](#a-2) to bring an action by or on behalf of any [employee](/usc/29/2611.md?p=3) shall terminate—
    - (A) on the filing of a complaint by the [Secretary](/usc/29/2611.md?p=10) in an action under [subsection (d)](#d) in which restraint is sought of any further delay in the payment of the amount described in [paragraph (1)(A)](#a-1-A) to such [employee](/usc/29/2611.md?p=3) by an [employer](/usc/29/2611.md?p=4-A) responsible under [paragraph (1)](#a-1) for the payment; or
    - (B) on the filing of a complaint by the [Secretary](/usc/29/2611.md?p=10) in an action under [subsection (b)](#b) in which a recovery is sought of the damages described in [paragraph (1)(A)](#a-1-A) owing to an [eligible employee](/usc/29/2611.md?p=2-A) by an [employer](/usc/29/2611.md?p=4-A) liable under [paragraph (1)](#a-1),

    unless the action described in subparagraph [(A)](#a-4-A) or [(B)](#a-4-B) is dismissed without prejudice on motion of the [Secretary](/usc/29/2611.md?p=10).

- (b) **Action by Secretary—**
  - (1) **Administrative action—** The [Secretary](/usc/29/2611.md?p=10) shall receive, investigate, and attempt to resolve complaints of violations of [section 2615 of this title](/usc/29/2615.md) in the same manner that the [Secretary](/usc/29/2611.md?p=10) receives, investigates, and attempts to resolve complaints of violations of sections [206](/usc/29/206.md) and [207](/usc/29/207.md) of this title.
  - (2) **Civil action—** The [Secretary](/usc/29/2611.md?p=10) may bring an action in any court of competent jurisdiction to recover the damages described in [subsection (a)(1)(A)](#a-1-A).
  - (3) **Sums recovered—** Any sums recovered by the [Secretary](/usc/29/2611.md?p=10) pursuant to [paragraph (2)](#b-2) shall be held in a special deposit account and shall be paid, on order of the [Secretary](/usc/29/2611.md?p=10), directly to each [employee](/usc/29/2611.md?p=3) affected. Any such sums not paid to an [employee](/usc/29/2611.md?p=3) because of inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as miscellaneous receipts.
- (c) **Limitation—**
  - (1) **In general—** Except as provided in [paragraph (2)](#c-2), an action may be brought under this section not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought.
  - (2) **Willful violation—** In the case of such action brought for a willful violation of [section 2615 of this title](/usc/29/2615.md), such action may be brought within 3 years of the date of the last event constituting the alleged violation for which such action is brought.
  - (3) **Commencement—** In determining when an action is commenced by the [Secretary](/usc/29/2611.md?p=10) under this section for the purposes of this subsection, it shall be considered to be commenced on the date when the complaint is filed.
- (d) **Action for injunction by Secretary—** The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the [Secretary](/usc/29/2611.md?p=10)—
  - (1) to restrain violations of [section 2615 of this title](/usc/29/2615.md), including the restraint of any withholding of payment of wages, salary, [employment benefits](/usc/29/2611.md?p=5), or other compensation, plus interest, found by the court to be due to [eligible employees](/usc/29/2611.md?p=2-A); or
  - (2) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion.
- (e) **Solicitor of Labor—** The Solicitor of Labor may appear for and represent the [Secretary](/usc/29/2611.md?p=10) on any litigation brought under this section.
- (f) **Government Accountability Office and Library of Congress—** In the case of the Government Accountability Office and the Library of Congress, the authority of the [Secretary](/usc/29/2611.md?p=10) of Labor under this subchapter shall be exercised respectively by the Comptroller General of the United States and the Librarian of Congress.

## Source credit

(Pub. L. 103–3, title I, § 107, Feb. 5, 1993, 107 Stat. 15; Pub. L. 104–1, title II, § 202(c)(1)(B), Jan. 23, 1995, 109 Stat. 9; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–181, div. A, title V, § 585(a)(3)(G), Jan. 28, 2008, 122 Stat. 131.)

## Notes

### Editorial Notes

### Amendments

2008—Subsec. (a)(1)(A)(i)(II). Pub. L. 110–181 inserted “(or 26 weeks, in a case involving leave under section 2612(a)(3) of this title)” after “12 weeks”.

2004—Subsec. (f). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in heading and text.

1995—Subsec. (f). Pub. L. 104–1 added subsec. (f).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1995 Amendment

Amendment by Pub. L. 104–1 effective one year after transmission to Congress of the study under section 1371 of Title 2, The Congress, see section 1312(f)(2) of Title 2. The study required under section 1371 of Title 2, dated Dec. 31, 1996, was transmitted to Congress by the Board of Directors of the Office of Compliance on Dec. 30, 1996.

### Effective Date

Section effective 6 months after Feb. 5, 1993, except that, in the case of collective bargaining agreements in effect on that effective date, section applicable on the earlier of (1) the date of termination of such agreement, or (2) the date that occurs 12 months after Feb. 5, 1993, see section 405(b) of Pub. L. 103–3, set out as a note under section 2601 of this title.