A recent investigation conducted by the U.S. Department of Labor’s Wage and Hour Division has resulted in the recovery of $61,224 in back wages for a healthcare worker who was unlawfully terminated after exercising their rights under the Family and Medical Leave Act (FMLA). The investigation revealed that the Health Department, where the worker was employed, wrongfully terminated them for availing themselves of protected medical leave. 

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Health Care Worker Terminated After Exercising FMLA Rights 

The investigation found that the health care worker informed their supervisor about the need for FMLA-protected leave. Subsequently, after the employer received the worker’s FMLA certification letter, an email was circulated among staff announcing a job posting for the employee’s position just three hours later. Despite the worker providing a return-to-work statement indicating their intent to resume work in three days, the employer terminated their contract less than two weeks later, a move deemed illegal given the worker’s years-long tenure with the area Health Department. 

What Businesses Should Know 

Wage and Hour Division District Director Karen Garnett-Civils in Kentucky, highlighted the importance of the Family and Medical Leave Act, stressing that this law exists to ensure workers do not face the distressing dilemma of choosing between their livelihoods and necessary medical care for themselves or their families. She encouraged employers and employees to seek guidance from the Wage and Hour Division office or explore the numerous resources available on their website for clarity on the protections offered by the act. 

The District Health Department is pivotal in establishing public health policies, managing preventive medicine, handling infectious disease responses, and providing specialized healthcare services across a seven-county region. The department operates through diverse revenue streams, including state and local taxes, federal funds, and service fees. 

Conclusion 

This case serves as a poignant reminder to businesses of the legal safeguards provided by laws like the FMLA and the repercussions they might face if they violate these provisions. Employers must understand and respect the rights of their employees, especially concerning protected leaves, and ensure compliance with laws designed to protect the welfare of their workforce. It’s imperative for businesses, tiny and midsize enterprises, to familiarize themselves with employment laws, create a supportive work environment, prioritize employee rights to prevent legal repercussions and maintain a healthy workplace culture. 

Asure’s HR experts help business owners comply with federal, state, and local employment laws. Learn how to protect your business here. 

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