DOL’s FY 2022 FMLA Stats Show Lowest Complaint Resolutions Ever

February 15, 2023

What's New

The Labor Department’s Wage and Hour Division closed only 780 FMLA complaints during FY 2022, according to enforcement statistics recently released by WHD. This amount, which represents a drop of almost 16% from the previous year, is the lowest annual total since the Family and Medical Leave Act was enacted in 1993.

For the first time since it began administering the FMLA complaint process, WHD failed to release a breakdown of the cases in which the agency did not find a FMLA violation. As usual, WHD did not report the number of FMLA complaints it received but only the number of FMLA complaints it resolved.

CWC created a chart summarizing the data.

What It Means

The number of FMLA administrative complaints resolved by WHD has generally decreased every year during the past decade, while the number of FMLA-based complaints filed in federal court has fluctuated. However, for the past seven years, the number of FMLA lawsuits has exceeded the number of FMLA complaints closed by WHD, as employees have chosen to bypass administrative remedies and go directly to court.

What You Should Do

CWC members can consult our chart for additional information and context.

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