The Family and Medical Leave Act of 1993 (FMLA) was passed to provide employees with the right to take unpaid, job-protected leave for certain family and medical reasons. The act also created restrictions on how employers can manage FMLA leave. Unfortunately, employers sometimes violate these restrictions and can be subject to both criminal and civil penalties. Here's what you need to know about FMLA violations by employers in 2023.
What Are Common FMLA Violations by Employers?
FMLA violations can involve either the employer or the employee. Common violations by employers include:
- Failing to provide employees with the full 12 weeks of leave.
- Not allowing employees to take intermittent leave.
- Failing to notify employees of their FMLA rights.
- Interfering with an employee's right to take FMLA leave.
- Retaliating against an employee for taking FMLA leave.
- Denying an employee's request for FMLA leave.
- Misclassifying an employee as exempt from the FMLA.
- Requiring an employee to use vacation time instead of FMLA leave.
- Failing to restore an employee to their original job after taking FMLA leave.
What Are the Penalties for FMLA Violations?
The penalties for FMLA violations can be significant. Employers can be subject to both criminal and civil penalties. Criminal penalties can range from fines of up to $10,000 per violation to jail time. Civil penalties can range from compensatory and punitive damages, to employee reinstatement, to back pay and other benefits.
In addition, employers may be liable for attorney's fees, court costs, and other expenses related to a lawsuit. Employers may also be required to post a notice of their FMLA rights in the workplace, or to provide written notice to employees of their FMLA rights.
How Can Employers Avoid FMLA Violations?
The best way for employers to avoid FMLA violations is to be aware of the law and to take steps to ensure compliance. Employers should also become familiar with the FMLA regulations and provide training to managers and supervisors on FMLA rights and responsibilities. Employers should also develop written procedures for managing FMLA requests and keep accurate records of employee leave.
In addition, employers should ensure that all employees are aware of their FMLA rights and that they understand the consequences of violating those rights. Finally, employers should take steps to ensure that employees are not retaliated against for taking FMLA leave.
What Should Employees Do if They Suspect an FMLA Violation?
Employees who suspect an FMLA violation should first contact their employer to try to resolve the issue. If that doesn't work, they should contact the U.S. Department of Labor's Wage and Hour Division and file a complaint. Employees can also file a lawsuit against their employer for violations of the FMLA.
Conclusion
FMLA violations by employers are serious and can have significant consequences. It's important for employers to be aware of the law and to take steps to ensure compliance. Employees who suspect an FMLA violation should contact their employer first and then the Department of Labor if the issue is not resolved.
