3d Cir. Model Jury Instr. (Civil) 10.4.5

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Last updated March 2026

lost compensation and other actual monetary losses. Because nominal damages are 36

not included in the FMLA’s list of recoverable damages, nor can any of the listed 37

damages be reasonably construed to include nominal damages, Congress must not 38

have intended nominal damages to be recoverable under the FMLA. 39

We are obligated to honor that intent and therefore to countenance the award 40

of only those elements of damages that Congress has deemed appropriate to redress 41

violations of the FMLA. Because Walker has admittedly suffered no actual 42

monetary losses as a result of UPS ’ asserted violation of the FMLA and has no 43

claim for equitable relief, she has no grounds for relief under that statute. 44

See also Lapham v. Vanguard Cellular Systems, Inc. , 102 F. Supp. 2d 266, 269 (M.D. Pa. 2000) 45

(while plaintiff had a cause of action for interference, she suffered no wage or other monetary loss, 46

therefore “she cannot obtain relief under the FMLA and her claim must be dismissed. ”); Oby v. 47

Baton Rouge Marriott , 329 F. Supp. 2d 772, 788 (M. D. La. 2004) ( “It is clear that nominal 48

damages are not available under the FMLA because the statutory language of the FMLA 49

specifically limits recovery to actual monetary losses.”). 50