Family and Medical Leave Act (FMLA) enforcement statistics released recently by the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) and covering Fiscal Year 2018 reveal that the number of complaints filed under the FMLA that were resolved by the agency declined for a seventh consecutive year. The 1,011 complaints closed by WHD amounted to a 13.2% drop from the prior year and is the lowest number recorded in the FMLA’s 26-year history. As in past years, approximately 50% of the complaints closed without a finding of a violation.

Please keep in mind that the limited FMLA data released by WHD presents only a partial scope of the full range of FMLA complaint activity. For example, WHD reports only the number of FMLA complaints resolved, and not the number of complaints received. Nor does the agency publish its backlog (or inventory) of pending complaints.

Moreover, individuals alleging FMLA violations have the option of filing a lawsuit directly in federal court without first having to file an administrative complaint with WHD, and the number of FMLA federal court complaints has actually been increasing. 

Members of the Center for Workplace Compliance (CWC) can read more here.