The U.S. Department of Labor has cited Houston Ear, Nose & Throat Clinic, LLP, for multiple violations of the Family and Medical Leave Act, and has ordered the clinic to pay $17,390 in back wages and other expenses.
A DOL investigation found that when an eligible HENTC employee returned from FMLA leave, the company placed the employee into a part-time position with “fewer working hours and without the same benefits held before taking FMLA leave,” according to a DOL press release.
Under FMLA, an employee returning to work from FMLA leave is entitled to job restoration to the same or an equivalent position with the same pay, benefits and other employment terms and conditions. (See ¶400 for more information on the term “equivalent position.”)
The company “was charged with several additional FMLA violations [including] … failing to keep the proper records required by FMLA; and failing to have a current FMLA policy reflecting the most recent provisions of the law.”
FMLA’s recordkeeping requirements (See ¶350) are in accordance with those of the Fair Labor Standards Act. The following records must be made and kept for a minimum of three years and be available for inspection, copying and transcription by DOL representatives even if a covered employer has no employees eligible for FMLA leave:
- basic payroll and identifying employee data, including name, address and occupation, rate or basis of pay, daily and weekly hours worked per pay period, additions to or deductions from wages, and total compensation;
- dates FMLA leave was taken (must be designated as FMLA leave in the records);
- if FMLA leave was taken in increments of less than full-day increments, the hours of the leave;
- copies of employee notices of leave furnished to the employer, if in writing, and copies of all general and specific notices required by the FMLA and its regulations that were given to employees;
- any documents describing employee benefits or employer policies and practices regarding the taking of paid and unpaid leave;
- premium payments for employee benefits; and
- records of any dispute between the employer and employee regarding designation of leave as FMLA leave.
The clinic agreed to:
- reinstate the employee to the previously held full-time position with the same pay rate and benefits;
- pay all the back wages due;
- ensure that all eligible employees taking FMLA leave are properly provided with the required notices;
- maintain the necessary records;
- update its written FMLA policy; and
- conduct FMLA training with its managers.
The investigation was conducted by the Houston district office of the Department’s Wage and Hour Division.
“No employee should have to worry about their job when facing a serious health condition,” regional DOL administrator Cynthia Watson stated in the release. “Coming back to work with the same seniority and benefits following an FMLA-related absence is not an option, it is the law. This employee’s reinstatement and subsequent collection of back wages should send a clear message to other employers that compliance with the FMLA is critical.”
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