The U.S. Department of Labor has recovered $12,652 for an employee after a Tennessee nutritional manufacturer failed to accommodate the need for intermittent leave.
Investigators from the department's Wage and Hour Division found that Nagase & Co. Ltd. — operating as Armada Nutrition LLC, a Spring Hill nutritional manufacturer and packing company — failed to allow an employee approved for Family and Medical Leave Act-protected intermittent leave to return to work.
Citing their inability to accommodate the protected leave, the employer informed the employee they could not return to work until their doctor cleared all of their medical restrictions and the leave was no longer needed, a violation of the FMLA. Armada Nutrition LLC’s violation of the employee rights forced them to take more time off than needed as prescribed by their doctor.
“The Family and Medical Leave Act protects workers from being forced to choose between keeping their jobs or protecting their health,” said Wage and Hour Division District Director Lisa Kelly in Nashville, Tennessee. “Employers who deny workers’ legal rights and attempt to manipulate those protections to serve their interests are likely to find it difficult to keep valued employees and recruit others they need to operate their businesses.
“Employers unsure of their legal obligations under FMLA or other laws governing their pay practices should contact the Wage and Hour Division."