By William Thornton

Workers at Mercedes-Benz U.S. International in Vance, Ala., celebrated the beginning of electric SUV production Thursday, Aug. 25, 2022. (William Thornton)

The U.S. Department of Labor announced it has recovered $438,625 in back wages and penalties for two former Mercedes-Benz workers in Alabama whose rights under the Family and Medical Leave Act the agency says were violated.

The department’s Wage and Hour Division found Mercedes-Benz U.S. International Inc. illegally fired two production workers after they requested to use FMLA-protected leave.

According to the department, one employee requested the leave for a qualifying health condition of a family member, and another worker did so for a “serious personal health condition.”

However, according to DOL, Mercedes reprimanded the employees and denied monthly attendance bonuses because of absences, which led to their termination under the employer’s point system, although the leave was protected in both cases, the agency siad.

A Mercedes-Benz spokesperson said MBUSI voluntarily and fully cooperated with the investigation but denied that it violated the FMLA.

“Mercedes-Benz U.S. International, Inc. (MBUSI) is fully committed to compliance with the Family Medical Leave Act (FMLA) and expends substantial resources to do so. In addition to Family Medical Leave, MBUSI provides its team members with leave benefits well beyond those required by the FMLA including, among other benefits, a short-term disability program that provides up to six months of paid leave,” the spokesperson said in a statement.

“While MBUSI believes the referenced two team members were not wrongfully discharged and that its actions were taken in a good faith effort to comply with the FMLA, MBUSI voluntarily cooperated with the DOL and resolved this matter to avoid the future costs and expenses of litigation, as well as to avoid further disruption.”

In addition, investigators said Mercedes-Benz didn’t:

  • Inform employees that they may be eligible for FMLA leave within five business days of learning their requests could qualify.
  • Reinstate the workers to the same or equivalent positions.
  • Accurately record, maintain and calculate the amount of leave taken.
  • Provide notice of FMLA rights and responsibilities, as required by law.
  • Designate leave as FMLA-qualifying when appropriate.

In addition to $219,312 in recovered pay for the former employees, the employees also received $219,312 in liquidated damages for the affected workers.

“Employers cannot deprive eligible workers of their legal right to family and medical leave and force them to make the hard choice between keeping their jobs and caring for themselves or their families,” Wage and Hour Division District Director Kenneth Stripling said. “Federal law allows for critically needed workplace flexibilities precisely when employees need them the most. The U.S. Department of Labor will defend workers’ rights and pursue all available remedies when those rights are violated.”

This post was originally published on this site