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April 10, 2024
The United States Department of Labor (DOL) reported that it recently recovered nearly $440,000 in back wages, unpaid bonuses, equitable remedies, and liquidated damages for two production workers of Mercedes-Benz US International Inc. in Alabama because the workers were terminated following requests for leave under the Family and Medical Leave Act (FMLA).
One of the employees requested family leave because of a serious health condition of a family member; another employee requested medical leave for their own serious health condition. DOL investigators found that Mercedes-Benz reprimanded the employees and denied them monthly attendance bonuses because of their absences, which led to the termination of their employment under the company’s point system. NOTE: a covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid, job-protected leave in a 12 month period for certain reasons.
The DOL investigators also determined that Mercedes-Benz failed to:
NOTE: According to the DOL’s Frequently Asked Questions regarding the FMLA, “[a]bsent extenuating circumstances, the regulations require an employer to notify an employee of whether the employee is eligible to take FMLA leave (and, if not, at least one reason why the employee is ineligible) within five business days of the employee requesting leave or the employer learning that an employee’s leave may be for a FMLA-qualifying reason.”
NOTE: Employees are entitled to return to their same or an equivalent job at the end of their FMLA leave
NOTE: Employers must provide employees with a written rights and responsibilities notice, notifying them of their rights under the FMLA, their obligations concerning the use of FMLA leave, and the consequences of failing to meet those obligations. Specifically, the notice must explicitly state all of the following information, as applicable: (1) notice that the leave will be counted as FMLA leave; (2) the 12-month period that the employer will use to track FMLA usage; (3) medical certification requirements; (4) the availability to substitute paid leave for unpaid FMLA leave; (5) a key employee notice; (6) the employee’s right to job restoration and maintenance of benefits; and (7) group health insurance premium payment requirements. Employers can use WHD Form WH-381, Notice of Eligibility and Rights and Responsibilities, which is available at no cost, or create their own version as long as it meets all legal requirements.
The DOL’s investigation led to a total recovery of $438,624: (a) $219,312 for the former employees, which included back pay, front pay for three months, and unpaid bonuses; and (b) an additional $219,312 in liquidated damages.
Employers: Know your obligations under the FMLA. From determining eligibility to reinstating employees, many requirements exist. Use available DOL resources, including the FMLA compliance assistance toolkit, to educate yourself and train your managers and Human Resources professionals.
This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice. Always consult an attorney with specific legal issues.
