Following an investigation by the DOL’s Wage and Hour Division, San Antonio-based Bexar County Hospital District, doing business as University Health System, will pay $7,915 in back wages to a former employee over charges the hospital violated the FMLA by placing the worker on full-time unpaid leave. The DOL announced the settlement in a January 18 release.

The investigation, conducted by the San Antonio District Office, revealed that University Health System had denied the employee’s request for intermittent leave related to a serious chronic health condition. Rather than granting the leave, the employer insisted that the leave be taken continuously, despite the worker’s ability to perform the job with intermittent leave. Because of the denial, the employee used more leave than was medically necessary, resulting in lost wages over a three-month period. As the FMLA allows leave to be taken on an intermittent basis, the denial violated the law.

In addition to paying back wages, University Health System agreed to maintain future compliance with the FMLA, ensure that managers receive FMLA training, and notify its employees of their rights and responsibilities under the act. The Bexar County Hospital District is the third-largest public health system in Texas with about 5,000 employees and 700 resident physicians.

Source: U.S. DOL