May HR or a supervisor be held personally liable for a violation of the Family and Medical Leave Act (FMLA)?

Author: Melissa Burdorf, XpertHR Legal Editor

Yes. The FMLA provides supervisors with incentive to receive FMLA training. Unlike many other employment-related laws, an employer under the FMLA includes any person who acts directly or indirectly in the interest of an otherwise covered employer to any of the employer's employees. Therefore, individuals such as supervisors, HR or corporate officers ''acting in the interest of an employer'' - who, for example, approve FMLA leave - may be held personally liable for FMLA violations.