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University of Tennessee Recovered $30,442 for FMLA Violation

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Summary

The U.S. Department of Labor's Wage and Hour Division recovered $30,442 in back wages for a former University of Tennessee auditor whose FMLA rights were violated. Investigators found the university forced the employee to resign after they requested protected intermittent leave for a qualifying health condition. The employer also failed to provide employees with complete FMLA policy information.

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What changed

The Wage and Hour Division investigation found the University of Tennessee violated the Family and Medical Leave Act by forcing a university auditor to resign after they requested protected intermittent leave for a qualifying health condition. The employer violated FMLA by requiring the employee to choose between resignation and termination, and by failing to provide complete FMLA policy information to employees.

Employers subject to FMLA should ensure they comply with notification requirements, including informing employees of their FMLA rights within five business days of learning a request could qualify, maintaining accurate leave records, and providing reinstatement to equivalent positions. The WHD encourages employers and workers with compliance questions to contact the agency at 866-4US-WAGE.

Penalties

$30,442 in back wages recovered

Archived snapshot

Apr 17, 2026

GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.

News Release

US Department of Labor recovers $30K after employer violates worker’s Family and Medical Leave Act rights

University of Tennessee illegally demanded worker resign or be fired NASHVILLE, TN – The U.S. Department of Labor has recovered $30,442 in back wages for a former university auditor whose employer violated their rights to protected leave.

Investigators with the department’s Wage and Hour Division found the University of Tennessee forced an auditor to resign after they requested to use protected leave for a qualifying health condition under the Family and Medical Leave Act. While the employee was on approved intermittent leave, the university told the employee they needed to resign or they would be fired.

The investigators also determined the employer failed to supply its employees with a complete policy that provided information about employee rights and responsibilities under the FMLA.

“Federal law allows for critical workplace rights precisely when workers need them the most. 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 Wage and Hour Division District Director Lisa Kelly in Nashville, Tennessee.

In addition to providing leave in certain circumstances, employers are required to inform employees that they may be eligible for FMLA leave within five business days of learning their requests could qualify. Employers must also:

  • Reinstate workers to the same or equivalent positions after taking FMLA leave.
  • Record, maintain, and calculate the amount of FMLA leave taken.
  • Provide notice of FMLA rights and responsibilities, as required by law.
  • Designate leave as FMLA-qualifying when appropriate. Workers and employers can call the Wage and Hour Division with questions and requests for compliance assistance at its toll-free helpline, 866-4US-WAGE (487-9243). Employers are encouraged to use the agency’s industry-specific compliance assistance toolkits to learn about their responsibilities under the laws enforced by the division. The agency’s PAID program offers employers an opportunity to self-report and resolve potential minimum wage and overtime violations under the Fair Labor Standards Act, as well as certain potential violations under the FMLA.

Workers and employers alike can help ensure hours worked and pay are accurate by downloading the department’s free Android and iOS Timesheet App.

Agency Wage and Hour Division Date April 16, 2026 Release Number 26-576-ATL Media Contact: Erika Ruthman Phone Number 678-237-0630 Email ruthman.erika.b@dol.gov Media Contact: OPA East Media Email OPA-East-Media@dol.gov Share This
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Last updated

Classification

Agency
DOL
Filed
April 16th, 2026
Instrument
Enforcement
Legal weight
Binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Employers Educational institutions
Industry sector
6111 Higher Education
Activity scope
FMLA compliance Wage recovery Leave management
Geographic scope
US-TN US-TN

Taxonomy

Primary area
Employment & Labor
Operational domain
Compliance
Topics
Public Health Healthcare

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