Judge Certifies Class For Southwest Airline Attendants Penalized For Taking Leave Under FMLA

According to a lawsuit filed in 2022, Southwest Airlines unlawfully penalized flight attendants who exercised their family and medical leave. In the most recent development in the case, a U.S. District Judge granted class certification to the lawsuit which was filed on behalf of thousands of Southwest Airlines workers earlier this month. The judge certified two nationwide classes and two California subclasses of Southwest Airlines flight attendants going back as far as 2019. That was when the airline allegedly instituted a policy that punished the flight attendants for taking family and medical leave. The flight attendants argue that workers who took family and medical leave were disqualified from record-improvement mechanisms, which rewarded good attendance.

The classes include workers who lost access to disciplinary points reduction after taking Family and Medical Leave Act benefits. Additionally, the classes include workers who lost access to disciplinary points reduction and were “subsequently terminated for an accumulation of disciplinary points,” according to the lawsuit.

Understanding the lawsuit

Under the Family and Medical Leave Act, it is unlawful to penalize an employee for taking protected medical leave. In this case, Southwest Airlines implemented an attendance policy that punished workers for taking protected FMLA leave. Southwest Airlines opposed class certification of the lawsuit. The class was nonetheless certified by the judge presiding over the case in California.

The FMLA entitles certain employees to unpaid leave for specific family and medical reasons. Employees covered under the law are also guaranteed continuation of health insurance coverage as well as a return to the same (or an equivalent) job when they return from leave. While many employers carefully comply with FMLA, others implement policies that they think are incentivizing workers but actually violate the terms of the law. Fortunately, employers who violate the law can be held accountable by workers.

Employers are prohibited from denying employee rights provided by the FMLA. Under the FMLA, the following actions are considered illegal:

• Failing to provide an employee leave
• Failing to reinstate an employee to their position following leave
• Discriminating or retaliating against an employee for exercising their rights under the FMLA
• Discriminating or retaliating against an employee for opposing any unlawful practice under the FMLA

Employers are further prohibited from discharging or discriminating against an employee who has filed an FMLA-related charge, given information in connection to an FMLA-related inquiry, or testified in a proceeding related to a right under the FMLA.

If a worker’s employer violates any of these rules, the employee could be compensated by being reinstated into their position, paid back wages, and reimbursed for medical expenses that would have been covered by their insurance.

Talk to a Columbus, OH FMLA Attorney Today 

Kohl & Cook Law Firm, LLC represents the interests of employees who have been retaliated against for exercising their rights under the FMLA. Call our Columbus employment lawyers today to schedule an appointment, and we can begin investigating your situation right away.

Source:

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