12 Ways Employers Violate FMLA [Data Driven]

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:
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$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.

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
$1,960,25
7
$2,120,3
00
$1,642,79
3
$2,014,56
4
$2,186,98
2
$1,630,81
7
FMLA Enforcement Statistics: Status of
Compliance Action

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

12 Common Ways Employers
Violate the FMLA

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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.

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.

Your employer misclassifies you as a
“key employee.”

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

“We Protect Your Rights in the Workplace,
So You Can Focus on Protecting Your Family”
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(866)344-9243
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12 Ways Employers Violate FMLA [Data Driven]

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