$30K FMLA Retaliation Case: DOL Finds Worker Was Forced Out 

When most HR leaders picture FMLA retaliation, they think of a termination letter. But it can also come disguised as a “choice”— resign or be fired. That’s what the DOL said happened at the University of Tennessee, where an employee on approved intermittent leave was told exactly that. The DOL recovered $30,442 in back wages.

The risk often begins with how managers respond during approved leave. This case shows how quickly that crosses a line.

Resignation Ultimatum Triggers FMLA Violation

According to the DOL’s Wage and Hour Division, the University of Tennessee violated federal law by forcing an employee to resign after they requested FMLA leave for a qualifying condition. 

The employee was on approved intermittent leave when the employer told them to submit a resignation or face termination, federal investigators said.

Investigators also found the university failed to provide the employee with “its complete policy that provided information about employee rights” under the FMLA.

The DOL recovered $30,442 in back wages for the affected employee.

“Qualifying leave is established by law, and employers cannot simply deprive eligible workers of their legal right to family and medical leave and force them to make the hard choice between keeping their jobs and caring for themselves or their families,” said Lisa Kelly, Wage and Hour Division District Director in Nashville, TN.

What the FMLA Requires

The FMLA gives eligible employees up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons. This case highlights several specific obligations that covered employers must meet:

• Provide employees with notice of their rights and responsibilities under the FMLA
• Notify employees of FMLA eligibility within five business days of learning that a leave request may qualify
• Designate leave as FMLA-qualifying when the circumstances meet the criteria
• Track and maintain records of FMLA leave taken, and
• Reinstate employees to the same or equivalent position after FMLA leave.

FMLA Retaliation: Protecting Employees, Protecting Your Organization

From the DOL’s viewpoint, presenting an employee on approved intermittent leave with an ultimatum that ends their employment looked like FMLA retaliation — regardless of how the employer framed it internally. 

All managers need training on what FMLA retaliation looks like. Pressure to return early, unwelcome changes to schedule or assignments, and comments that signal leave is unwelcome can all create liability. Termination is one example of FMLA retaliation – but not the only one. 

Next Steps for HR

Use this case as a starting point for your own FMLA compliance review. 

• Audit your FMLA policy for completeness. In this case, the DOL found the university’s policy was incomplete. Pull your current policy and confirm it covers employee rights and responsibilities as required. A policy that exists but omits required elements is still a violation.
• Review how your organization designates FMLA leave. When HR learns that a leave request may qualify under the FMLA, the five-business-day clock for eligibility notice starts. Confirm your process ensures that the timeframe is being met.
• Check your reinstatement practices. Employees returning from FMLA leave are entitled to the same or an equivalent position. To avoid FMLA retaliation risk, confirm that your HR team and all managers understand what equivalent means – same pay, benefits and working conditions.
• Confirm leave tracking is accurate and complete. FMLA requires employers to record and calculate leave taken. If that tracking lives in a spreadsheet or is being handled informally, it’s worth evaluating whether your system supports compliant recordkeeping.