Worker

Worker's Health Rights Upheld After Unlawful Termination by Portland Roofing Company

Owens Corning Roofing and Asphalt faced penalties after not adhering to the Family and Medical Leave Act.

  • By Robert Yaniz Jr.
  • Nov 02, 2023

Portland-based Owens Corning Roofing and Asphalt LLC has been found in violation of the Family and Medical Leave Act (FMLA) after wrongfully terminating an employee with a serious health condition.

According to a release dated Oct. 31, the U.S. Department of Labor's (DOL) Wage and Hour Division investigated the company's practices and concluded that the roofing and asphalt manufacturer failed to recognize specific circumstances regarding FMLA regulations. Because Owens Corning asked for medical recertification ahead of the FMLA’s schedule, the employee accrued more absences than the company's policy allowed for FMLA-qualifying leave.

This failure to recognize extenuating circumstances relating to a medical condition led to the unjust suspension and subsequent dismissal of the employee. In the aftermath of the investigation, the DOL ordered Owens Corning to pay $38,398 in back wages covering the employee's lost compensation and benefits due to the improper termination.

“Workers should not have to choose between their jobs and their health,” Wage and Hour District Director Katherine Walum in Portland said in a statement. “Federal law allows for critically needed workplace flexibilities precisely when employees need it the most. The U.S. Department of Labor will defend workers’ rights and hold to account employers who take away their rights.”

In the 2022 fiscal year, the DOL’s Wage and Hour Division reclaimed over $32.9 million in back wages for 17,127 construction industry workers. By wages recovered, the construction sector tops the list of high-violation industries, with over 2,200 related investigations completed.

About the Author

Robert Yaniz Jr. is the Content Editor of Occupational Health & Safety.

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