Department of Labor sues MOBIS North America for firing worker seeking time off under Family and Medical Leave Act

Type of Action: Family and Medical Leave Act Complaint Filing

Names of Defendants: MOBIS North America LLC

Complaint: The U.S. Department of Labor has filed suit in federal court seeking reinstatement, back wages and employment benefits of approximately $100,000 and an equal amount in liquidated damages for an automotive plant worker fired by MOBIS North America LLC in Toledo.

An investigation by the Wage and Hour Division revealed that the company terminated the employment of the production worker in violation of the Family and Medical Leave Act.

The 45-year-old employee had provided MOBIS North America a completed medical certification that indicated that intermittent time off would be necessary to deal with a medical condition. Despite having the medical information on file, the company terminated the seven-year employee in November 2013 when he exceeded the maximum allowable absences.

MOBIS supplies a wide variety of automotive components to customers including Hyundai, Kia, GM, and Chrysler.

Quote: "This litigation demonstrates the department's commitment to ensuring that the use of FMLA leave is not a negative factor in employment actions," said George Victory, district director for the Wage and Hour Division in Columbus. "Workers should not have to choose between their jobs and their health. The FMLA allows for critically needed workplace flexibility precisely when employees need it the most."

Information: Since 1993, the FMLA has been a key component in the department's effort to promote work-family balance, providing workplace protections for employees with a serious health condition, or for those who are caring for a covered family member with a serious health condition. The FMLA helps to ease the burden that can come with needing time away from work when faced with such an illness. For more information about the FMLA and other federal wage laws, call the Wage and Hour Division's toll-free helpline at 866-4US-WAGE (487-9243). Information also is available at www.dol.gov/whd/fmla/.

Court: U.S. District Court for the Northern District of Ohio, Western Division

Docket Number: 3:15-cv-02188 Perez v. MOBIS North America LLC