PER CURIAM:
The Broward County Sheriff's Office ("BSO") appeals from a judgment following a jury trial in which the jury found that BSO interfered with its employee Diane Spakes's statutory right to request medical leave and fired her in retaliation for her protected leave request, in violation of the Family Medical Leave Act ("FMLA"), 29 U.S.C. § 2615(a)(1) and (a)(2) respectively.
The case arises from BSO's termination of Spakes shortly after she notified her supervisor of a need for leave to treat an infection. After calling in sick for two days, Spakes returned to work on a Monday. The next day, she spoke with her supervisor about her condition and told him that she would need to miss some work for regular treatments. On Friday, she handed in her FMLA leave request. BSO terminated her for alleged performance deficiencies the following Monday. After hearing conflicting accounts of Spakes's performance, the jury found that Spakes gave BSO proper notice of her need for FMLA leave, BSO had terminated her because of her FMLA request, and it would not have terminated her but for the request.
Having considered the record, briefs, and arguments of counsel on all of BSO's claims, we find no reversible error. We write specifically to address two claims: first, that Spakes's suit is barred because she filed a Department of Labor ("DOL") complaint; and second, that the jury instructions on the interference claim misstated the law.
Employees generally have the right to file a civil action against their employers for FMLA violations, subject to certain exceptions. 29 U.S.C. § 2617(a). Specifically, § 2617(a)(4) lists the "Limitations" as only terminating the right of action in two situations: "(A) on the filing of a complaint by the Secretary in an action under subsection (d) . . . or (B) on the filing of a complaint by the Secretary in an action under subsection (b) . . . ." 29 U.S.C. § 2617(a)(4) (emphasis added). Although the statute specifies only these two limits, neither applicable here, BSO argues that DOL regulations allow an employee to file either an agency complaint or a civil suit, but not both. See 29 C.F.R. § 825.400(a) ("The employee has the choice of: (1) Filing . . . a complaint with the Secretary of Labor, or (2) Filing a private lawsuit . . . ."). But where the statute provides a right to a cause of action and lists the limitations, regulations cannot contravene the statute by terminating the right where the statute did not so authorize. Thus, the district court was correct in finding that Spakes's agency complaint does not bar her from filing suit.
As to the jury instructions on the interference claim, BSO claims that the court erred by not requiring Spakes to prove a causal nexus between her leave request and her termination.
Accordingly, we affirm the judgment and verdict on all claims.
AFFIRMED.