; (ii) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this section; or (iii) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this section. (D) Rebuttable presumption of retaliation Any adverse action (including any action described in subparagraph (C) or (D)) taken against an employee within 12 months of the employee taking any leave for which the individual received a family and medical leave insurance benefit under this section shall establish a rebuttable presumption that the action of the employer is retaliating against such employee in violation of subparagraph (A)(i). (E) Non-application for new hires Clauses (ii) and (iii) of subparagraph (A) shall not apply to any individual during the 90-day period beginning with the day the individual begins work for an employer. (2) Civil Action by an individual (A) Liability Any person who violates paragraph (1) shall be liable to any individual employed by such person who is affected by the violation— (i) for damages equal to the sum of— (I) the amount of— (aa) any wages, salary, employment benefits, or other compensation denied or lost to such individual by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the individual, any actual monetary losses sustained by the individual as a direct result of the violation, such as the cost of providing care, up to a sum equal to 60 calendar days of wages or salary for the individual; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate