Must FMLA violations be reported to the EEOC within 180 days?

Short answer

No. A federal FMLA claim generally does not have to be reported to the EEOC within 180 days. The FMLA does not require an EEOC charge before filing suit; an employee may instead complain to the U.S. Department of Labor’s Wage and Hour Division or bring a private lawsuit.[4]

“The employee has the choice of: (1) Filing . . . a complaint with the Secretary of Labor, or (2) Filing a private lawsuit.”[4]

The usual deadline for an FMLA lawsuit is two years from the last alleged violation, extended to three years if the violation was willful.[3]

What the 180-day deadline may refer to

A 180-day EEOC charge-filing deadline can apply to certain federal discrimination claims, not to an FMLA claim simply because it concerns leave. The FMLA’s limitations period is separate, and filing an EEOC charge generally does not pause it. [1] [2]

If the facts also involve discrimination or retaliation under another law, those claims may have their own administrative deadlines. In California, the potentially relevant state-law leave statute is CFRA, but its procedures and deadlines should be analyzed separately from an FMLA claim.