The U.S. Department of Labor (DOL) recently released enforcement statistics for Fiscal Year (FY) 2017 showing that the number of administrative complaints under the Family and Medical Leave Act (FMLA) that were resolved by the agency fell to another record low of 1,165, a 6.5% drop from the previous year’s total and continuing a sixth straight year of decline.
Because DOL reports only on FMLA complaint resolutions rather than the number of complaints it receives, and does not reveal its complaint backlog, the annual FMLA enforcement numbers DOL provides are of only limited value in presenting a complete picture of FMLA complaint activity.
Keep in mind, however, that individuals alleging FMLA violations have the option of going directly to court to resolve their claims. And when compared with federal court litigation data reported earlier this year showing that the number of FMLA lawsuits filed by private plaintiffs hit an all-time high in FY 2017, the data strongly suggest that individuals increasingly are turning to the courts to resolve their FMLA claims instead of filing administrative complaints with DOL.
Members of the Center for Workplace Compliance (CWC) can read more here.