2 new rulings: Why supervisors must be aware of FMLA requirements

You may want to remind your supervisors how important it is to be compliant with the Family and Medical Leave Act (FMLA) when dealing with absent employees.

Two companies recently received an expensive reminder of this from the Dept. of Labor (DOL).

Needed medical leave, but terminated

Companies with attendance policies that run afoul of the FMLA can face fines, scrutiny and legal action from the DOL, especially if they terminate workers who may actually be eligible for leave under the law.

At Commodity Sales Co., a slaughterhouse and packing company in Los Angeles, a worker needed to go on leave that should’ve been FMLA protected. However, Commodity Sales Co. didn’t provide the worker with info about FMLA or inform the person of the law’s protections before the worker took leave. So, it ended up firing the employee.

After a DOL investigation, the company was ordered to pay $11,209 in back wages to the worker.

Meanwhile, at the Georgia Dept. of Public Health, an employee was disciplined and terminated after taking absences for an FMLA-qualified serious health condition. The DOL investigated, and the employer reinstated the worker to an equivalent position with all the same benefits. It also had to pay the employee $77,314 in back wages.

As DOL Assistant District Director Francisco Ocampo said in a news release, “negligence can be costly for the employer.” To avoid issues, companies must be aware of their responsibilities under the FMLA.

Mental health & FMLA

It’s also essential to remember that it’s not just physical illness that can qualify workers for FMLA leave. The law also covers mental health conditions such as anxiety or depression that can impact a worker’s ability to do his or her job effectively. The DOL reminded employers of this in a new fact sheet about mental health and the FMLA.

Employees are eligible for FLMA leave if they or a family member have a mental health condition that either requires inpatient care or continuing treatment by a healthcare provider. The person can take the same amount of leave they’d receive for a serious physical condition.

Just as with physical health conditions, employers can require certification from a healthcare provider to support the employee’s request for leave.

Managers and supervisors should be aware this is the case, especially as more employees report struggles with mental illness as the pandemic continues. Not only do you want to support your employees, you also want to make sure you’re compliant with FMLA regs so the feds won’t come calling.