Over $1.5 million in 2007 FMLA Violations – Don’t forget the updated regulations take affect 1/16/09

Published January 2009

Family And Medical Leave Act Enforcement Complaints Declined

The number of Family and Medical Leave Act (FMLA) complaint cases concluded in fiscal year 2007 declined from cases concluded in fiscal year 2006. The number of violation cases declined by 44.4 percent from the number in fiscal year 2003, and over 10 percent fewer employees were affected by FMLA violations. Termination of employees seeking FMLA leave continues to be the primary reason that employees filed a complaint.

FMLA Enforcement Statistics FY 2006 FY 2007
 
Number of Complaint Cases 2,161 1,983
Percent of No-Violation Cases 49% 45%
Nature of Complaint
Refusal to Grant FMLA Leave 522 459
Refusal to Restore to Equivalent Position 261 242
Termination 870 764
Failure to Maintain Health Benefits 31 29
Discrimination 477 489
Status of Compliance Action
No Violation Cases 1,069 896
Employer Not Covered 39 27
Employee Not Eligible 152 82
Complaint Not Valid 765 689
Other 113 98
Violation Cases 1,092 1,087
Number of Employees Affected 1,200 1,675
 
Amount of Back Wages $1,772,342 $1,573,501

 

Click here to read our recent article on the updated FMLA regulations.

Click here to read Q&A from our December 4, 2008 FMLA webinar. Great resource!