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WORKPLACE VIOLATIONS 12 Common Ways Employers Violate the FMLA

12 Ways Employers Violate FMLA [Data Driven]

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Page 1: 12 Ways Employers Violate FMLA [Data Driven]

WORKPLACE VIOLATIONS

12 Common Ways Employers Violate the FMLA

Page 2: 12 Ways Employers Violate FMLA [Data Driven]

What Does Data Say About FMLA Violations in a

Workplace?

Page 3: 12 Ways Employers Violate FMLA [Data Driven]

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

Page 4: 12 Ways Employers Violate FMLA [Data Driven]

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/

Page 5: 12 Ways Employers Violate FMLA [Data Driven]

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

Page 6: 12 Ways Employers Violate FMLA [Data Driven]

Back Wages

Wage loss resulting from unlawful FMLA violations by employers results in collections in the millions annually.

Richard Celler Legal, P.A.

Page 7: 12 Ways Employers Violate FMLA [Data Driven]

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

Page 8: 12 Ways Employers Violate FMLA [Data Driven]

FMLA Complaints

Employer FMLA violations have experienced a small decline over the past 5 years.

Richard Celler Legal, P.A.

Page 9: 12 Ways Employers Violate FMLA [Data Driven]

12 Common Ways Employers Violate the FMLA

Page 10: 12 Ways Employers Violate FMLA [Data Driven]

Violation #1

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An employer refuses to allow to take leave for conditions that qualify under

the FMLA.

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Note: While minor conditions are not covered, complications that result from minor conditions probably are covered.

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Violation #2

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Your employer disciplines you for taking too many absences.

Page 15: 12 Ways Employers Violate FMLA [Data Driven]

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.

Page 16: 12 Ways Employers Violate FMLA [Data Driven]

Violation #3

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Your employer requires that you give more notice than is specified in the

FMLA.

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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.

Page 19: 12 Ways Employers Violate FMLA [Data Driven]

Violation #4

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Your employer fails to tell you about your rights and obligations.

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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.

Page 22: 12 Ways Employers Violate FMLA [Data Driven]

Violation #5

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Your employer fails to recognize the notice you give.

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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.

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Violation #6

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Your employer cancels your health insurance too soon.

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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.

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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.

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Violation #7

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Your employer pressures you while you are on leave.

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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.

Page 32: 12 Ways Employers Violate FMLA [Data Driven]

Violation #8

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Your employer disciplines or fires you for taking leave.

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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.

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Violation #9

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Your employer fails to reinstate you in your former position, or an equivalent

position.

Richard Celler Legal, P.A.

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Note: An equivalent position is one that is nearly identical to your former position in pay, benefits, duties, location, shift and schedule.

Page 38: 12 Ways Employers Violate FMLA [Data Driven]

Violation #10

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Your employer delays reinstating you.

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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.

Page 41: 12 Ways Employers Violate FMLA [Data Driven]

Violation #11

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Your employer fails to reinstate benefits.

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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.

Page 44: 12 Ways Employers Violate FMLA [Data Driven]

Violation #12

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Your employer misclassifies you as a “key employee.”

Richard Celler Legal, P.A.

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Note: • A key employee is one who is among

the highest-paid 10% of employees within 75 miles.

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Note: • Employers are not required to

reinstate key employees if their reinstatement would cause substantial and grievous economic injury to the company.

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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

Page 50: 12 Ways Employers Violate FMLA [Data Driven]

“We Protect Your Rights in the Workplace,So You Can Focus on Protecting Your Family”

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[email protected]

Richard Celler Legal, P.A.

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Phone: 954-903-7475

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