State Employee Wrongly Denied Medical Leave Recovers $77,000
The Georgia Department of Public Health has reinstated an employee following a federal investigation in Atlanta who was disciplined wrongly and terminated for absences protected under federal law. The employee was paid $77,314.00 in back wages to resolve violations of the Family and Medical Leave Act. According to the US Department of Labor’s Wage and Hour Division investigation, the State Department of Public Health wrongly denied the employee’s request for leave for an FMLA-qualified condition. The denial of his FMLA benefits by the employer resulted in wrongful discipline and subsequent termination of the worker’s employment which prompted the investigation. In addition to recovering back wages for the worker, the wage and hour division ensured the employer reinstated the worker to an equivalent position, including equivalent salary, benefits, retirement plan, and accrued leave they would have earned had the employer not wrongly terminated them.
Understanding the family and medical leave act
The purpose of the Family and Medical Leave Act is to prevent workers from being forced to choose between their health and their jobs or caring for their loved ones and families. When an employer denies a worker their rights to the FMLA and other protections, they may find it more difficult to retain valued employees and recruit others to operate their businesses successfully.
Employers in every state including Georgia are subject to the FMLA or the Family and Medical Leave Act. This federal legislation allows employees to take time off from work when they have a qualifying medical condition or they have to care for a loved one with a qualifying medical condition. Georgia employers must comply with the Family and Medical Leave Act if they have at least 50 employees for the last 20 weeks in the current or previous year.
Employees are allowed to take FMLA leave if:
- they worked for the company at least one year
- they worked at least 1250 hours during the previous year
- they work at a location with at least 50 employees within a 75 mile radius
A Georgia employee can take time off with FMLA leave if:
- the employee needs to recuperate from a serious health condition
- the employee needs to care for a family member with a serious health condition
- the employee needs time to bond with a new child
- handle qualifying crises arising out of a family member’s military service
- care for a family member who suffered a serious injury during active duty in the military
Employees can take up to 12 work weeks of leave in a 12 month period for a serious health condition, bonding with a new child, or qualifying exigencies. Leave renews every 12 months as long as the employee continues to meet the eligibility requirements.
Talk to an Atlanta FMLA lawyer today
The Forsythe Law Firm, LLC represents the interests of employees who are filing FMLA lawsuits against their employers. Call our Atlanta employment lawyers today to schedule an appointment and we could begin discussing your case right away.
Source:
dol.gov/newsroom/releases/whd/whd20220524-0
