‘Good Faith’ Not Enough to Avoid Liquidated Damages Under FMLA

Vacations taken during Family and Medical Leave Act (FMLA) absences can be permitted depending on the trip and the reasons for leave. Massachusetts Water Resources Authority (MWRA) believed it acted in good faith after terminating an employee who vacationed during his FMLA leave. The Massachusetts Supreme Judicial Court (SJC) rejected the claim and awarded liquidated damages pursuant to the FMLA. To avoid a similar scenario requires more than “good faith” by employers. Read on to learn a valuable lesson from MWRA’s mistake.