Louisiana parish found in violation of FMLA
The Caddo Parish Commission in Louisiana owes over $13,000 in back wages after the Department of Labor determined that it violated the Family and Medical Leave Act (FMLA). The FMLA was passed by President Bill Clinton in 1993 and regulates time and attendance leave for all eligible employees.
Louisiana is divided into parishes the way most other states are divided into counties. While parishes can have a variety of governing bodies, Caddo Parish is governed by a commission. An investigation by the DOL found that the parish approved FMLA leave for an employee but then fired him upon his return.
The company's argument was that it requires all employees on leave to supply a fitness-for-duty certification. However, it violated the FMLA by not informing the employee of this rule. Caddo Parish has been ordered to repay the lost wages and reinstate the worker.
"Flexibility for employees and their families when facing serious health conditions is a cornerstone of the FMLA," said Cynthia Watson, regional administrator for the Southwest Wage and Hour Division.
The FMLA allows eligible employees to take up to 12 weeks of unpaid leave in a year and gives job protection during that leave. By firing the worker, Caddo Parish interfered with its employee's rights under the act.
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