🗞️ Forced Out: University of Tennessee Ordered to Repay Worker Pushed Off Protected Medical Leave
The U.S. Department of Labor recovered $30,442 from the University of Tennessee after investigators found the university forced an auditor on approved medical leave to resign or face termination, a direct violation of federal law.
Federal labor investigators have ordered the University of Tennessee to pay $30,442 in back wages to a former auditor after finding that university administrators gave the employee an unlawful ultimatum: resign or be fired. The auditor had been taking approved intermittent leave for a qualifying health condition under the Family and Medical Leave Act at the time the demand was made.
The Wage and Hour Division of the U.S. Department of Labor, which announced the enforcement action on April 16, 2026, cited the university for two separate violations. The first was the coerced resignation itself. The second was the university's failure to maintain a written policy that fully informed employees of their rights and responsibilities under federal leave law, a requirement that applies to all covered employers.
The FMLA guarantees eligible workers at covered employers up to 12 weeks of unpaid, job-protected leave each year for serious health conditions and qualifying family needs. Public agencies — including federal, state, and local government employers such as state universities — are covered regardless of workforce size. Private-sector employers are covered only if they employ 50 or more workers in 20 or more workweeks in the current or prior calendar year. Intermittent leave, which permits employees to take time off in smaller blocks rather than all at once, is explicitly protected under the law. Employers are barred from interfering with that leave or retaliating against workers who use it. Presenting an employee with a forced choice between resignation and termination while on approved leave constitutes a violation of both prohibitions.
The law also imposes procedural obligations that many employers overlook. Covered employers must notify workers of potential FMLA eligibility within five business days of learning a leave request may qualify, formally designate that leave as FMLA-protected, and restore employees to the same or an equivalent position upon return. The University of Tennessee's failure to communicate its leave policies in writing compounded the underlying retaliation finding.
Workers who believe their FMLA rights have been violated may file a complaint with the Wage and Hour Division or bring a private lawsuit. Available remedies may include back pay, liquidated damages, and reinstatement, though the specific remedies applied can vary depending on how a case is resolved. For employers looking to get ahead of potential issues, the Labor Department's Payroll Audit Independent Determination program, relaunched on July 24, 2025 and expanded for the first time to cover FMLA violations, offers a path to self-reporting and resolving compliance gaps before they lead to formal enforcement action.
Key Points
- The University of Tennessee told an auditor on approved intermittent FMLA leave to resign or be fired, a violation of federal job-protection law.
- The DOL's Wage and Hour Division recovered $30,442 in back wages for the affected employee.
- A second violation was cited: the university lacked a complete written FMLA policy for its employees.
- Public agencies, including state universities, are covered by the FMLA regardless of workforce size; private-sector employers are covered only if they employ 50 or more workers.
- Employers must notify employees of FMLA eligibility within five business days of learning a request may qualify.
- Workers whose FMLA rights are violated may file a complaint with the WHD or pursue a private lawsuit; available remedies may include back pay, liquidated damages, and reinstatement.
- The DOL's PAID program, relaunched in July 2025 and expanded to include FMLA violations for the first time, allows employers to self-report and resolve potential compliance issues without litigation.
Sources
Primary Source Author: Wage and Hour Division District Director Lisa Kelly, U.S. Department of Labor, Nashville, TN
Primary Source: US Department of Labor recovers $30K after employer violates worker's Family and Medical Leave Act rights (April 16, 2026)
Primary Source Link: https://www.dol.gov/newsroom/releases/whd/whd20260416
