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!
