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Tip Tuesday: 4 Steps to Avoid DOL Troubles with FMLA

July 13, 2021

The DOL forced a metal finishing company to pay $45,000 in back wages and benefits to an employee who was terminated while on FMLA leave. The DOL then put it in their daily newsletter. Here’s how to avoid being in the headlines for the wrong reasons:

  • Know the qualifying reasons for FMLA leave
  • Check eligibility for all employees on leave for any FMLA-qualifying reason
    • The DOL will determine the employee is eligible for FMLA leave if the company cannot prove definitively the employee has not worked the minimum number of hours.  
  • Don’t terminate an employee who is on FMLA leave unless the employee would have been terminated without FMLA leave  (mass layoffs, for example)
  • Continue health plan benefits while the employee is on FMLA leave