Avoiding FMLA Violations
FMLA Violations have become far too frequent in the workplace. Employees became much more aware of their rights under FMLA during the COVID Lockdowns and many employers are finding it a challenge to fully grasp and to stay compliant with these regulations. Here are just a few of the recent violations that have occurred:
From Todays FMLA Violation Trends
LAKE CITY, FL—A DOL investigation found that an assisted living facility illegally terminated an employee after the employee exercised their federally protected medical leave rights. The employer was forced to pay the employee $1,894 in back wages.
What went wrong:
• The employer denied an employee medical leave under the FMLA despite the fact the employee met all eligibility and qualifying requirements for leave.
• The employer illegally terminated the employee after the employer failed to grant the employee protected leave for a medical condition covered by the FMLA.
ATLANTA GA – A DOL investigation discovered that the Georgia Department of Public Health wrongly disciplined and terminated an employee for absences protected under the FMLA. The department was ordered to pay $77,314 in back wages and reinstate the employee.
What went wrong:
• The department denied the employee’s request for leave for an FMLA-qualified condition.
• The employee’s denial of FMLA benefits resulted in wrongful discipline and subsequent termination. Employment Case Studies:
LOS ANGELES CA –A DOL investigation uncovered that a slaughterhouse and packing company illegally terminated an employee after the employee took FMLA-protected leave. The employee received $11,209 in back wages.
What went wrong:
• The employer failed to provide the employee with FMLA-related information prior to their medical leave.
• The employer did not inform the employee of their FMLA rights and protections. • The employer illegally terminated the employee after the employee took FMLA leave.
• The DOL determined that the employer violated the FMLA’s policy review and recordkeeping provisions.
LITTLE ROCK, AR—A DOL investigation found that a large waste management company illegally terminated an employee who used qualified FMLA leave to address a serious health condition. The employer was ordered to pay the employee $36,007 in back wages, which included wages the employee would have earned while they were unemployed and a 3% company-matched 401(k) contribution
What went wrong:
• The employer violated the FMLA when they terminated an employee for taking FMLA leave after the employee notified their supervisor of the need for medical leave. The employee’s leave request was approved by the employer’s third-party FMLA administrator.
• The employer recorded the employee absent on the first day of their FMLA leave and then promptly terminated the employee
●The employer failed to rehire the employee after learning that the employee’s FMLA had been approved.
FMLA Violations can be costly and detrimental to a company’s “culture”. It is practically a full-time job to fully understand and stay compliant with these complex regulations. AllMyHR is a practical cost-effective tool to strengthen and streamline your HR department’s compliance and many other HR responsibilities. For less that $.50 an hour, AllMyHR provides you the peace of mind knowing your HR Department is functioning at its peak so you can focus on what you do best! For a 10-minute walk through of our services, go to AllMyHR.com and schedule a 10-minute discussion.