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Can I sue my boss under FMLA
You were denied FMLA leave or fired for taking it, and you know a specific manager made that call. It feels personal, and you want that person held accountable, not just the company. Whether you can sue that manager individually depends on the type of legal claim you bring and the state where you work. The answer is not the same everywhere, and it is not always possible.
The honest reality
Wanting to sue the person who wronged you is natural, but employment law does not always allow individuals to be sued directly. Under the FMLA, the question of individual liability is complex and varies by court and state. Your instinct to hold a specific manager responsible may not match what the law permits.
FMLA defines "employer" more broadly than discrimination law does
Unlike Title VII, the federal family and medical leave law defines "employer" to include a person who acts, directly or indirectly, in the interest of the employer toward an employee, and many federal courts have read that language to allow an individual supervisor to be personally liable for interfering with FMLA leave or retaliating against someone for taking it. Not every court agrees, and how much control the supervisor actually had over the leave decision usually matters a great deal to whether this works. Courts differ on the details, and the answer depends on your state and the specific claim, which is exactly the kind of question a free contingency consultation with an employment lawyer is built to answer, not something a general page like this one can settle for your situation.
Talking to a lawyer costs nothing to start
A consultation is where the state-specific answer lives
Whether you can sue a specific person, and whether it is even worth it once you can, depends on your state, your claim, and that person's actual role, questions a free contingency consultation with an employment lawyer is built to answer. If cost is the worry at any stage, our can't-afford-a-lawyer triage covers every free and low-cost path, including legal aid. See also our employment guide and, if you are past the agency stage and heading to federal court, filing in federal court.
Questions
Can I sue my manager personally for denying my FMLA leave?
It depends on the legal theory you use. Some courts allow individual liability under the FMLA for managers who have control over leave decisions, but other courts do not. The result varies by state and by the specific facts of your case.
What if my manager acted on their own, without the company telling them to?
Even if the manager acted alone, the law still looks at whether they qualify as an employer under the FMLA. Individual liability is not automatic just because the manager made the decision. You need to check the rules in your state.
Does it help to name my manager as a defendant in the lawsuit?
Naming a manager can sometimes put pressure on them personally, but it also adds complexity. A court may dismiss the manager as a defendant if the law in your state does not allow individual liability. You should discuss this with a lawyer who knows your state's rules.
Not legal advice and not a law firm. We don't predict outcomes, and individual-liability rules vary by state and by claim in ways this page cannot settle for your specific situation, a free contingency consultation is the right next step to get a real answer. If you can get a lawyer or free legal aid, do: start at lsc.gov.