Employment Case Studies: Insights Into FMLA Violations

Introduction

The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) administers and enforces the Family and Medical Leave Act (FMLA) for employees of covered employers. The FMLA applies to private employers who employ 50 or more employees in 20 or more workweeks in the current or preceding calendar year, as well as all public agencies— including federal, state and local employers—and local education agencies.

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. This law was enacted so employees could address serious and potentially unexpected life circumstances without risking their jobs.

Covered employers who do not comply with the FMLA can find themselves in complicated and costly legal situations. The WHD is authorized to investigate FMLA complaints, and if employer violations cannot be satisfactorily resolved, the DOL may bring court action against the employer to compel compliance. An employee may also be able to initiate a private civil action against an employer for FMLA violations. FMLA violations can be particularly costly, as they may involve paying back employees’ lost wages and reinstating lost benefits. In fiscal year 2023, the WHD concluded 334 FMLA compliance actions with violations and recovered more than $987,000 in back wages for 395 workers.

This guide contains case studies that explore the most recent real-world examples of employers found to be in violation of the FMLA. The case studies include snapshots of violations and general guidance on how employers can prevent similar issues. Employers can examine these case studies to learn from the mistakes of others in comparable industries and avoid costly FMLA violations. The information covered in this article comes from the DOL’s most current guidance for employers. Employers can find out more on the DOL’s website.