While this column generally focuses on another statute enforced by the Wage and Hour Division of the U.S. Department of Labor (the Fair Labor Standards Act), employers should be aware of the dramatic increase in the number of cases being brought under the Family and Medical Leave Act (FMLA). According to the U.S. Courts’ Public Access to Court Electronic Records (PACER) system, 951 FMLA cases have been filed in the first 10 months of 2014, making it all but certain that the number of FMLA cases filed this year will be the highest on record. While nearly 1,000 FMLA cases were filed in calendar year 2013, less than half that number (406) were filed in 2012. The reason for the burgeoning number of FMLA lawsuits is multifaceted, and the number of FMLA lawsuits most likely will continue to increase at a significant rate.

Increasing FMLA Awareness

Enacted in 1993 to “balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity,” the FMLA provides for 12 workweeks of leave during any 12-month period in certain qualifying circumstances (like the birth or adoption of a child or a serious health condition of the employee or certain family members) and 26 workweeks of leave during any 12-month period for an employee to care for a servicemember who is a spouse, child, parent or next of kin.

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