The EEOC does not have jurisdiction to review a Family and Medical Leave Act claim. An employee may, however, include an FMLA claim as part of an MSPB appeal, provided there is an independent basis for Board jurisdiction. Toyama v. MSPB, No. 2006-3281, 2007 U.S. App. LEXIS 5748 Fed. Cir. March 13, 2007).
Comment: The MSPB does not have jurisdiction over FMLA claims absent an independent basis for Board jurisdiction, such as disciplinary action involving discharge. The EEOC never has jurisdiction to review an FMLA claim. Of course, violation of the FMLA may be reviewed by the EEOC as evidence of some type of discrimination or retaliation. The focus of the EEOC, however, is on discrimination and whether the FMLA has been violated.