by Martha J. Cardi, J.D. and Megan G. Holstein, J.D.

Failing to Train Supervisors in FMLA:  $1.2 Million Loss to Employer

A jury verdict in a recent FMLA case reminds employers of the perils and high costs of not training managers and supervisors regarding employee leave rights and employer obligations under the Family and Medical Leave Act (FMLA).

Patrick Hurley was employed as president by Kent Security, a security and investigation services company, from 2001 until his termination in 2008.  Around 2005 Hurley developed depression and was prescribed medications and treatment with a therapist.  In 2008 his medical condition deteriorated and he was advised to take medical leave to recover.  Hurley requested leave from his boss, who denied his request.  Despite pointing out that the leave was medically necessary and formally asking for FMLA leave, the boss terminated Hurley.

Hurley’s FMLA claims for interference with his FMLA leave rights went to a jury trial.  He won the case and was awarded the damages identified below, a total of over $750,000.  The employer’s total loss, including Hurley’s and its own attorneys’ fees and costs, exceeded $1.2 million.




Back pay Common award in termination   case – lost wages up to date of judgment


Front pay Awarded if employee has not   yet become re-employed at time of judgment – lost wages looking forward for a   period of time


Pre-judgment   interest – on back pay only Always awarded; rate and   whether interest is compounded varies


[est.   2 years at 5%]

Liquidated damages Similar to punitive damages –frequently   awarded in FMLA cases


Plaintiff’s attorney’s fees   and costs Employer pays if employee   wins

$233,109  [fees]

$21,329   [costs]

Employer’s estimated   attorney’s fees and costs Employer always pays (and is   usually larger than employee’s fees)

$250,000     [est.]



Managers and supervisors do not need to be FMLA leave experts.  However, they need to have a basic understanding of the leave rights provided by the FMLA (and other laws such as the ADA) in order to avoid million-dollar mistakes like Hurley’s supervisor committed.  Managers should be able to identify potential FMLA situations and enlist the aid of Human Resources.

The case:  Hurley v. Kent of Naples, Inc., et al., Case No. 2:2010cv00334 (M.D. Fla. Jan. 2013).

Reed Group is available to counsel with clients and other employers about supervisor training on employees’ FMLA, ADA, and state leave rights.  We manage leaves of absence and therefore have a unique perspective on the necessary training, based on handling thousands of cases and interacting with supervisors and human resources personnel.  For more information call 866-218-4650.