Paternity leave mistake: DOL recovers $67K for new dad

A national company will pay more than $67,000 after making a paternity leave mistake that looked a lot like retaliation to the DOL’s Wage and Hour Division (WHD).

First things first: Under the Family and Medical Leave Act (FMLA), both mothers and fathers have a federal legal right to take leave within the first year of a child’s birth, adoption or foster care placement.

So it’s important for HR to understand that many expecting parents use terms like “maternity leave” and “paternity leave” rather than “FMLA” when requesting time off for a new child.  

And as HR knows all too well, the nuances of the FMLA can get pretty tricky — and parental leave is no exception.

In a press release that highlighted an employer’s FMLA violations, Atlanta’s WHD Director Steven Salazar explained, “Federal law prevents employers from retaliating against workers who choose to exercise their right to bond with a newborn child.”

Here’s what happened:

Company’s paternity leave mistake

Who was involved: US Logistics Solutions Inc., a distribution center that’s part of a large network of logistics providers based in Texas, and a dock supervisor in Georgia who was fired after requesting time off after the birth of a child.

What happened: A WHD investigation found the employer withheld parental leave from the employee in violation of the FMLA. Forty-two days after his child’s birth, the employee was summoned to a meeting to discuss the denial of FMLA leave to care for his spouse and to allege payroll theft. At the meeting, the employee was notified that he was being terminated. The WHD investigation found the company canceled the employee’s FMLA bonding request approximately two months earlier, just eight days before the child’s birth, and did not notify the employee about the cancellation until the meeting.  

Result: Finding the company’s actions violated the FMLA, the DOL recovered $67,140 for the employee, which included:

• Missed earnings after being terminated
• Front pay for one year, and
• Unpaid earned time off.

Info: DOL Recovers $67K for Employee Illegally Terminated for Exercising Right to Bond With Newborn Child, Care for Spouse, 3/27/23.

Paternity leave under the FMLA: How one company got it right

On the other hand, a recent court decision shows how a Florida company made all the right moves when an expectant father asked for paternity leave to bond with his newborn.

The ruling provides a blueprint that details how the employer successfully juggled its obligations under the FMLA along with its promises outlined in the company’s attendance and parental leave policies.