Two former employees of two distinct Tennessee-based healthcare providers are set to receive $47,728 in back wages and liquidated damages in relation to the Family and Medical Leave Act (FMLA). This decision follows an announcement by the U.S. Department of Labor (DOL) that their employers failed to notify them of their eligibility under the act. The DOL utilized its Wage and Hour Division investigators to scrutinize these cases.
As stated in a DOL news release, an individual working as a medical office assistant at the Mecklenburg County Jail in Charlotte, N.C., was dismissed by Nashville’s Wellpath LLC, a company specializing in medical and mental healthcare. The termination occurred after the employee took FMLA-protected leave due to an eligible health concern. Furthermore, Whites Creek Operating Group, based in Whites Creek and providing rehabilitation, respite care, outpatient therapy, and long-term care to patients, ended the employment of a housekeeper following her use of FMLA-protected leave for a qualifying health condition.
"The Family and Medical Leave Act makes clear that employers cannot deprive an eligible employee of leave, forcing them to make the hard choice between keeping their jobs and caring for themselves or their families," said Lisa Kelly, Wage and Hour Division District Director. Kelly added that "The U.S. Department of Labor is committed to ensuring that employees’ rights under the FMLA are protected. We encourage employers to review the numerous tools and resources we provide to help them understand their rights and obligations under this law."
The news release also highlighted that investigators concluded that the employers failed on several counts: they did not inform employees if their leave would be designated as FMLA-qualifying within five business days of becoming aware of their leave; they did not correctly classify an employee’s absences from work as FMLA-qualifying; they did not include all required information about the FMLA in their company handbook; they did not inform the workers that they may have been eligible for leave within five business days of learning that their leave may be FMLA-qualifying; and they did not provide a rights and responsibilities notice in writing to an employee at the time it was required to provide the eligibility notice, or within five business days of learning of their leave.
