The U.S. Department of Labor’s Wage and Hour Division has found that the Metropolitan Atlanta Rapid Transit Authority (MARTA) violated the Family and Medical Leave Act, a law established in 1993.  This is the second time that MARTA has come under investigation.

Federal investigators found that MARTA stripped employees of their right to take unpaid, job-protected leave for qualifying medical or family reasons. Since the first violation found in 2013, there have been over 70 workers affected by MARTA’s doings. Early 2015, the feds found FMLA laws that were broken in numerous areas.

  • Suspended an employee who should have been offered FMLA leave.
  • Failed to give timely notice to more than 70 workers about their FMLA rights and responsibilities.
  • Neglected to designate leave taken by eligible employees as qualifying for FMLA.
  • Marked workers’ attendance records unfavorably for FMLA-related absences or lateness.
  • Placed workers at risk unnecessarily for suspension, termination and other adverse employment actions.

The suspended employee was eventually vindicated. MARTA agreed to pay the worker $4,000 in lost wages and correct his personnel record. According to reports, the worker qualified for FMLA leave for his serious health condition and notified MARTA of his condition. But, MARTA suspended the man without pay for three-and-a-half weeks. As a result of investigation, MARTA has agreed to designate FMLA retroactively for the 70+ employees whose attendance and personnel records were affected. A total of $32,000 was paid to three employees who were wrongfully suspended and terminated. Also, MARTA is making strides to promote FMLA compliance within the organization. The mass transit system says they will host mandatory training classes for employees and managers on FMLA laws and updates.

The FMLA allows U.S. workers to juggle the demands of their jobs, while attending to personal medical and family issues. It can be used to take time off to attend to a serious health condition, or for other qualifying purposes, such as bonding with a newborn or to care for a family member wounded during military service. The FMLA provides a critical safety net for working families.

 

MARTA has approximately 4,500 full-time employees who serve more than 75,000 commuters daily.

If you are an employee or business owner and would like to learn more about FMLA, check out the Wage and Hour Division’s website at http://www.dol.gov/whd/fmla/index.htm.