DOL Steps up FMLA Enforcement
Author: Melissa Burdorf, XpertHR Legal Editor
The US Department of Labor (DOL) honored its promise to step up Family and Medical Leave Act (FMLA) enforcement efforts as reflected by a settlement of a lawsuit filed against the Putnam County Board of Education (Putnam) for allegedly:
- Retaliating against and terminating an employee for requesting FMLA leave to care for a seriously ill parent;
- Failing to provide the employee with any of the required FMLA notices about his rights under the FMLA;
- Failing to post the required FMLA notice of employees' rights and responsibilities under the FMLA; and
- Failing to include the appropriate FMLA-related information in its employee handbook.
To resolve the lawsuit, Putnam agreed to pay the former employee $50,000 in back wages and put in place several FMLA compliance measures to prevent future FMLA violations. While the $50,000 may not hit Putnam deep in its pocket, the ongoing compliance measures will certainly require a lot of time and money. For example, Putnam must:
- Designate a manager who will be responsible for ensuring proper FMLA administration;
- Post the official FMLA poster in conspicuous places so employees in all schools within the Putnam County Board of Education system can see it;
- Train managers and supervisors"on the FMLA;
- Provide the DOL with a record of training completion;
- Provide all personnel with a written FMLA handbook explaining employees' and Putnam's rights and responsibilities under the FMLA;
- Review all FMLA requests that were denied in the 2012-2013 school year to ensure that it did not interfere with, restrain or deny the exercise of any right provided under the FMLA;
- Fix any FMLA-related mistakes - such as restoring an employee to his or her position if the employee would have been restored had the FMLA-related error not occurred; and
- Review and provide all appropriate remedies (e.g., restoration of employment or pay) to any current or former employees who allege within the next six months that they were not afforded their FMLA rights at any time during the two-year period prior to the resolution of this case.
In order to properly prepare for the DOL's increased enforcement of the FMLA employers should:
- Audit all FMLA practices and procedures, including how managers handle an employee's FMLA request, how leave is calculated, etc.;
- Review all FMLA forms and policies to ensure compliance with the law;
- Properly post the FMLA poster where it can be seen by applicants and employees;
- Ensure all correspondence relating to the FMLA are legally accurate, such as letters regarding key employee designation or returning to work from FMLA leave; and
- Train managers and supervisors on the FMLA including their part in administering FMLA requests and adhering to the employer's FMLA policy.
Additional Resources
How to Respond to a US Department of Labor Audit
Training and Development: Federal
What can an employer expect in the event of a DOL investigation?