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FMLA Violations by Employers in 2023

What is the FMLA?

The Family and Medical Leave Act (FMLA) is a federal law that was enacted in 1993. It gives certain employees the right to take unpaid, job-protected leave for up to 12 weeks in a 12-month period for certain family and medical reasons. FMLA is administered by the U.S. Department of Labor's Wage and Hour Division.

What are Some Examples of FMLA Violations?

The most common FMLA violations involve employers not providing leave to eligible employees or interfering with the employee's right to take leave. Some other examples of FMLA violations include:

Failing to provide notice of eligibility and rights under FMLA
Failing to provide unpaid leave for eligible employees
Discouraging or preventing an employee from taking FMLA leave
Denying reinstatement or other benefits upon return from FMLA leave
Retaliating against an employee for exercising their rights under FMLA

What Are the Penalties for FMLA Violations?

The penalties for violating the FMLA vary depending on the severity of the violation and the number of employees affected. Generally, employers may be liable for lost wages, benefits, and other damages. In addition, employers may be subject to civil monetary penalties and other fines.

What Can Employees Do if Their Employer Violates the FMLA?

If an employee believes that their employer has violated the FMLA, they should contact the U.S. Department of Labor's Wage and Hour Division. The Wage and Hour Division will investigate the complaint and take appropriate action. Employees may also file a private lawsuit against their employer for any damages or losses suffered as a result of the violation.

What Can Employers Do to Avoid FMLA Violations?

The best way for employers to avoid FMLA violations is to be familiar with the law and to ensure that their policies and procedures comply with the requirements of the FMLA. Employers should also train their managers and supervisors on the FMLA and monitor their compliance. Finally, employers should have a process in place to respond to employee requests for FMLA leave in a timely manner.

Conclusion

Employers should be familiar with the FMLA and ensure that their policies and procedures comply with the law. Failure to do so can result in costly penalties and lawsuits. If an employee believes that their employer has violated their rights under the FMLA, they should contact the U.S. Department of Labor's Wage and Hour Division for assistance.