Legal Question in Employment Law in California

Tort Claims Act requires that when seeking money damages, a claim has to be made with the public entity first, and a private suit can only follow if the claim is rejected. However, is an FMLA claim subject to that requirement?


Asked on 11/16/11, 11:45 am

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

No, but the employee must still fulfill its administrative prerequisite by either filing a complaint with the DFEH for CRFA violations or with the EEOC if complained of under the FMLA.

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Answered on 11/16/11, 11:52 am
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

I stand corrected. There is no administrative exhaustion requirement under the FMLA, although a complaint can be filed with the Wage and Hour Division of the United States Dept. of Labor, Employment Standards Administration. My answer for claims under the CFRA remains correct.

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Answered on 11/16/11, 1:21 pm


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