The U.S. Department of Labor has recovered $30,442 in back wages for a former university auditor whose employer violated their rights to protected leave.
Investigators with the department’s Wage and Hour Division found the University of Tennessee forced an auditor to resign after they requested to use protected leave for a qualifying health condition under the Family and Medical Leave Act. While the employee was on approved intermittent leave, the university told the employee they needed to resign or they would be fired.
The investigators also determined the employer failed to supply its employees with a complete policy that provided information about employee rights and responsibilities under the FMLA.
“Federal law allows for critical workplace rights precisely when workers need them the most. Qualifying leave is established by law, and employers cannot simply deprive eligible workers of their legal right to family and medical leave and force them to make the hard choice between keeping their jobs and caring for themselves or their families,” said Wage and Hour Division District Director Lisa Kelly in Nashville, Tennessee.
In addition to providing leave in certain circumstances, employers are required to inform employees that they may be eligible for FMLA leave within five business days of learning their requests could qualify. Employers must also:
- Reinstate workers to the same or equivalent positions after taking FMLA leave.
- Record, maintain, and calculate the amount of FMLA leave taken.
- Provide notice of FMLA rights and responsibilities, as required by law.
- Designate leave as FMLA-qualifying when appropriate.
Workers and employers can call the Wage and Hour Division with questions and requests for compliance assistance at its toll-free helpline, 866-4US-WAGE (487-9243). Employers are encouraged to use the agency’s industry-specific compliance assistance toolkits to learn about their responsibilities under the laws enforced by the division. The agency’s PAID program offers employers an opportunity to self-report and resolve potential minimum wage and overtime violations under the Fair Labor Standards Act, as well as certain potential violations under the FMLA.
Workers and employers alike can help ensure hours worked and pay are accurate by downloading the department’s free Android and iOS Timesheet App.