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WORKPLACE VIOLATIONS
12 Common Ways Employers Violate the FMLA
What Does Data Say About FMLA Violations in a
Workplace?
Source: Fair Labor Standards Act Enforcement Statistics
0
100
200
300
400
500
600
700
800
FY 2015 FY 2014 FY 2013
FMLA Enforcement Statistics: Nature of Complaint
Refusal to Grant FMLA Leave
Refusal to Restore to Equivalent Position
Termination
Failure to Maintain Health Benefits
Discrimination
Wrongful Termination
Retaliation and unlawful job loss are most common basis for FMLA complaints filed.
Have questions about FMLA? Ask leading employment lawyer (FREE) Here: http://www.floridaovertimelawyer.com/practice-areas/family-medical-leave-act-protection-attorney/
Source: Fair Labor Standards Act Enforcement Statistics
$0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000
FY 2015
FY 2014
FY 2013
FY 2012
FY 2011
FMLA Enforcement Statistics: Amount of Back Wages
Back Wages
Wage loss resulting from unlawful FMLA violations by employers results in collections in the millions annually.
Richard Celler Legal, P.A.
Source: Fair Labor Standards Act Enforcement Statistics
FY 2015 FY 2014 FY 2013 FY 2012 FY 2011 FY 2010
Cases with Violations
672 693 744 744 891 887
Number of Employees Affected
818 789 811 780 931 910
Amount of Back Wages
$1,960,257
$2,120,300
$1,642,793
$2,014,564
$2,186,982
$1,630,817
FMLA Enforcement Statistics: Status of Compliance Action
FMLA Complaints
Employer FMLA violations have experienced a small decline over the past 5 years.
Richard Celler Legal, P.A.
12 Common Ways Employers Violate the FMLA
Violation #1
An employer refuses to allow to take leave for conditions that qualify under
the FMLA.
Note: While minor conditions are not covered, complications that result from minor conditions probably are covered.
Violation #2
Your employer disciplines you for taking too many absences.
Note: While employers often have strict policies regarding absences, an employer may not count absences for FMLA-qualified conditions against an employee.
Richard Celler Legal, P.A.
Violation #3
Your employer requires that you give more notice than is specified in the
FMLA.
Note: Employers may impose their own policies regarding notices BUT… you are still eligible for leave under FMLA as long as you give the notice required in the law.
Violation #4
Your employer fails to tell you about your rights and obligations.
Note: If your employer doesn’t give you the information that the law requires, then he cannot require you to comply with those obligations.
Richard Celler Legal, P.A.
Violation #5
Your employer fails to recognize the notice you give.
Note: You need to give your employer enough information so he knows that the leave you need is for a covered reason. This is sufficient notice for your employer to be bound by the FMLA.
Violation #6
Your employer cancels your health insurance too soon.
Note: Many employers don’t realize this is part of the law. As a result, they terminate your health insurance too soon.
Richard Celler Legal, P.A.
Note: For example, if you are more than 30 days late paying your premium, your employer must give you written notice and 15 more days to pay before ending your coverage.
Violation #7
Your employer pressures you while you are on leave.
Note: An employer may not:• put pressure on you to come back to
work sooner than you planned • check up on you constantly• require that you provide information
that is more detailed than what the FMLA allows.
Richard Celler Legal, P.A.
Violation #8
Your employer disciplines or fires you for taking leave.
Note: This often arises in subtle ways, such as:• counting time off against you• giving you a bad performance
evaluation for work that you did not complete because of your leave.
Violation #9
Your employer fails to reinstate you in your former position, or an equivalent
position.
Richard Celler Legal, P.A.
Note: An equivalent position is one that is nearly identical to your former position in pay, benefits, duties, location, shift and schedule.
Violation #10
Your employer delays reinstating you.
Note: You must be reinstated immediately after giving only two days notice. Your employer breaks the law if he forces you to wait until a position opens up or forces you to wait for him to shift schedules and job duties.
Richard Celler Legal, P.A.
Violation #11
Your employer fails to reinstate benefits.
Note: You are entitled to receive the same benefits you received before you took leave. Also, if any automatic raises take place while you are on leave – such as a cost of living increase – you are entitled to that raise.
Violation #12
Your employer misclassifies you as a “key employee.”
Richard Celler Legal, P.A.
Note: • A key employee is one who is among
the highest-paid 10% of employees within 75 miles.
Note: • Employers are not required to
reinstate key employees if their reinstatement would cause substantial and grievous economic injury to the company.
Note: • However, the law states that an
employee is “key” only if his reinstatement could cause injury.
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LEARN MORE ABOUT VIOLATIONS IN A WORKPLACE
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