The U.S. Department of Labor’s Wage and Hour Divisionrecovered $30,442 in back wages from the University of Tennessee for violating a staff member’s leave rights and for failing to provide its workforce with leave policy.  The employee was on intermittent (i.e., non-continuous) leave under the Family and Medical Leave Act when the university demanded resignation or be terminated.

Companies with 50 or more employees within a 75-mile radius, as well as public agencies and local educational institutions, are required to provide FMLA leave.  For those who have worked 1250 hours in the preceding 12 months, this is protected leave of up to 12 weeks per year for:

• serious health conditions interfering with job performance;
• care of a child, spouse, or parent, with a serious health condition;
• birth and care for a newborn;
• placement and care of an adopted or foster child; and
• qualifying exigencies of military children, spouses, or parents on or called to active duty.

California employers need only have five or more on payroll to be covered by the comparable California Family Rights Act.  Employees also must have worked 1250 hours in the preceding 12 months to be eligible for up to 12 weeks leave for their own serious health conditions, care of an expanded list of family members or designated person with a blood or family-like relationship with a serious health condition, adoption and foster child or birth-related care.

Other FMLA and CFRA requirements management must learn to manage leaves correctly include:

• Give employees notice of required leave rights and responsibilities;
• Upon learning a request may qualify, inform the employee of eligibility within five days;
• Classify any qualifying leave as such;
• Calculate and keep track of the amount of qualified leave used; and
• Upon return from leave, reinstate workers to the same or equivalent positions.

Take-Aways:

Management must know their employees’ leave rights, provide posters and any other notifications of those rights, and allow workers to take all protected leave.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Get-Away Time -- Personal Leaves of Absence  (September 20, 2024)
• Disability Leave Policy (August 25, 2023)
• Family and Medical Leaves Policy (July 20, 2023)

Helena Kobrin

July 24, 2026