FMLA Violation Costs University $30K: Is Your Organization Compliant?
The Department of Labor (DOL) recently recovered over $30,000 for a university auditor in Tennessee after the university interfered with their right to protected leave under the Family and Medical Leave Act (FMLA). According to the DOL, the university pressured the employee while they were on approved intermittent leave, ultimately leading to their resignation. This case serves as a stark reminder of the importance of understanding and adhering to FMLA regulations.
The Wage and Hour Division investigation revealed that the University of Tennessee effectively forced the auditor to resign after they requested FMLA leave for a qualifying health condition. This is a clear violation of the employee’s rights under the FMLA, which protects employees from interference or retaliation when taking leave for eligible reasons.
This isn’t an isolated incident. The DOL actively enforces labor laws, and FMLA violations are a common area of scrutiny. Other recent DOL investigations highlight the breadth of potential violations, including exposing construction workers to trenching hazards and violating youth employment hour restrictions.
Understanding FMLA Interference and Retaliation
The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. These reasons include the birth and care of a newborn child, placement of a child for adoption or foster care, to care for an immediate family member with a serious health condition, or to take medical leave when the employee is unable to work because of a serious health condition.
Interference under the FMLA occurs when an employer denies or discourages an employee from taking FMLA leave, or when the employer impedes the employee’s ability to exercise their rights under the Act. Examples of interference include:
- Discouraging an employee from taking leave to care for a sick parent.
- Denying a valid FMLA leave request.
- Failing to reinstate an employee to their same or equivalent position upon return from FMLA leave.
Retaliation occurs when an employer takes adverse action against an employee for requesting or taking FMLA leave. This can include termination, demotion, harassment, or any other action that negatively impacts the employee’s job or career.
In the University of Tennessee case, the DOL determined that the university’s actions constituted interference because they pressured the employee while on approved intermittent leave, creating a hostile environment that led to the employee’s resignation. This is often referred to as “constructive discharge,” where the employer’s actions make the working conditions so intolerable that a reasonable person would feel compelled to resign.
Practical Steps for Ensuring FMLA Compliance
To avoid similar FMLA violations, HR professionals should take the following steps:
- Review and Update FMLA Policies: Ensure your FMLA policies are up-to-date with current regulations and clearly communicate employee rights and responsibilities. Make sure the policies are easily accessible to all employees.
- Train Managers and Supervisors: Provide comprehensive training to managers and supervisors on FMLA regulations, including eligibility requirements, employee rights, and the proper procedures for handling leave requests. Emphasize the importance of avoiding any actions that could be perceived as interference or retaliation.
- Maintain Accurate Records: Keep detailed records of all FMLA leave requests, approvals, and denials. Document the reasons for any denials and ensure they are consistent with FMLA regulations.
- Communicate Effectively: Maintain open communication with employees throughout the FMLA leave process. Clearly explain their rights and responsibilities, and address any concerns or questions they may have.
- Provide a Supportive Environment: Foster a workplace culture that supports employees who need to take FMLA leave. Avoid creating a stigma around taking leave and ensure that employees feel comfortable requesting leave when necessary.
- Regular Audits: Conduct regular internal audits of your FMLA practices to identify any potential areas of non-compliance.
What This Means for HR Professionals
This case underscores the critical role HR professionals play in ensuring FMLA compliance. A misstep in administering FMLA can lead to costly penalties, legal battles, and reputational damage. HR professionals must be proactive in educating managers, enforcing policies, and creating a supportive environment for employees who need to take leave.
Here’s what you can do right now:
- Schedule an FMLA Policy Review: Put time on your calendar to review your current FMLA policy with an eye toward clarity and compliance.
- Assess Manager Training Needs: Determine if your managers need additional training on FMLA regulations and their responsibilities.
- Promote Available Resources: Remind employees of available resources, such as employee assistance programs (EAPs), that can support them during times of need.
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Key Takeaways
- FMLA violations can result in significant financial penalties and reputational damage.
- Interference and retaliation are common FMLA violations that HR professionals must actively prevent.
- Regularly review and update FMLA policies, and provide comprehensive training to managers and supervisors.
- Foster a supportive work environment where employees feel comfortable requesting and taking FMLA leave.
- Proactive HR practices are crucial for ensuring FMLA compliance and protecting employee rights.