In October 2021, the U.S. Department of Labor and the San Diego Unified School District reached an improved compliance agreement to enhance the understanding and utilization of protected leave for addressing family and health concerns.
This agreement was initiated after the Wage and Hour Division of the department conducted an investigation and discovered the school district, employing more than 13,000 individuals, had insufficient written FMLA policies and lacked appropriate procedures and forms, according to a DOL news release.
“The Family and Medical Leave Act allows an employee to balance work and home life, especially in the event of a serious health issue,” Wage and Hour Division District Director Min Park-Chung said in the release. “Leaving employees unaware of their ability to use FMLA-protected leave adds to already stressful situations. No worker should have to choose between caring for themselves or their family and a paycheck.”
Following an agreement, the district promptly implemented the necessary changes, resulting in noticeable benefits for its employees. The agreement came about after the DOL's Wage and Hour Division initiated an investigation in October 2021, revealing that the district lacked a proper written FMLA policy and adequate procedures and forms, the release reported. It was also found two FMLA-protected leave requests were improperly denied without timely written notice or reasons.
In response to the division's guidance, the district updated its policy, clarifying the distinctions between FMLA-related leave and other available leaves, and improved information on nursing workers' rights to breast pump at work, the DOL release said.
The San Diego Unified School District made systemic changes to ensure its employees understood and utilized their FMLA protections effectively. These changes included publishing the revised policy on the district's intranet, employee handbook and internal communications, according to the release.
Additionally, a comprehensive FMLA presentation was delivered to the district's representatives in May 2023 to share with employees. As a result, the district experienced a significant increase in FMLA-related requests, rising from around five per month to 20 to 30 requests per month after the compliance agreement was reached, the DOL release announced.
The school district operates more than 220 educational facilities and ranks as California's second-largest school district, according to the release. The enhancements made to comply with FMLA have led to positive outcomes for employees, and further information about FMLA and other laws enforced by the Wage and Hour Division can be found on its website or toll-free helpline.
