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Feds step in, sue company that denied FMLA leave

Many employees don’t understand the Family Medical Leave Act (FMLA) and how it could impact them in the future at their place of employment. This federal act is the same for people in every state, from California to Ohio and everywhere in between.

While our California readers may not spend much time staying current with news out of Ohio, this FMLA lawsuit story is sure to pique your interest as it could have taken place in any state throughout the country.

The U.S. Department of Labor filed a lawsuit seeking liquidated damages, back wages, and reinstatement for an employee working at DNA Diagnostics Center Inc. in Fairfield.

According to reports, the employee requested unpaid leave from her job, under the Family and Medical Leave Act, to care for a sick niece whom she had temporary guardianship of. The lawsuit came to light due in large part to an investigation by the U.S. Department of Labor’s Wage and Hour Division. The investigation notes that the company should not have denied the leave request or terminated the employee as a result.

The Wage and Hour district director in Columbus said, “Our investigation found that DNA Diagnostics Center denied this worker her right to unpaid, job-protected leave under FMLA.”

The Family Medical Leave Act is in place for a reason, however, some employers make mistakes that can lead to a lawsuit. In this case, the employee has the backing of the U.S. Department of Labor. Anybody who has been terminated or denied rights under the FMLA, may want to get in touch with an employment law attorney.

Source: Norwalk Reflector, “Feds sue Ohio company for denying worker FMLA leave to care for ill child” No author given, Dec. 05, 2013

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