No Vol-untary Resignation

Department of Labor grades University of Tennessee on FMLA compliance.

On April 16, 2026, the U.S. Department of Labor (DOL) announced its recovery of back wages for a former University of Tennessee auditor. The DOL found that the employee was forced to resign while on approved intermittent leave for a qualifying health condition under the Family and Medical Leave Act (FMLA). The university also failed to provide a complete FMLA policy to employees.

The FMLA affords eligible employees the right to take leave for serious health conditions. As noted by Lisa Kelly, District Director of the Wage and Hour Division in Nashville: “Qualifying leave is established by law, and employers cannot simply 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.”

Under the FMLA, covered employers are required to:

• Inform employees about potential FMLA eligibility within five business days of a qualifying request;
• Reinstate workers to the same or equivalent positions after FMLA leave;
• Record, maintain, and calculate the amount of FMLA leave taken;
• Provide notice of FMLA rights and responsibilities as required by law; and
• Designate leave as FMLA-qualifying when appropriate.

If you have any questions about employee rights or employer responsibilities under the FMLA, please contact us at 248.477.6300.