The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid leave per year for certain family or medical reasons. However, some employers may interfere with an employee’s right to take FMLA leave, which can result in legal action.

What is FMLA Interference?

Interference with FMLA rights occurs when an employer denies or interferes with an employee’s right to take FMLA leave. This can include:

• Refusing to authorize FMLA leave
• Discouraging an employee from taking FMLA leave
• Manipulating an employee’s work schedule to avoid granting FMLA leave
• Counting FMLA leave against an employee’s attendance record or disciplinary policy
• Terminating an employee for taking FMLA leave

Examples of Cases Where Employees Have Won FMLA Interference Claims

Here are some real-life examples of cases where employees have won FMLA interference claims:

Case 1: Righi v. SMC Corporation of America

In this case, the plaintiff was a sales manager who requested FMLA leave to care for his wife who was undergoing cancer treatment. The employer denied his request and terminated him for poor performance. The court found that the employer interfered with the plaintiff’s FMLA rights and awarded him damages for lost wages and emotional distress.

Case 2: Capps v. Mondelez Global LLC

The plaintiff in this case was a machine operator who requested FMLA leave for a serious health condition. The employer denied his request and terminated him for attendance issues. The court found that the employer interfered with the plaintiff’s FMLA rights and awarded him damages for lost wages and benefits.

What Does This Mean for Employers?

Employers should be aware of their obligations under the FMLA and ensure that they do not interfere with an employee’s right to take FMLA leave. This includes properly designating FMLA leave, providing notice to employees of their FMLA rights, and refraining from retaliating against employees who take FMLA leave.

Conclusion

Employees have the right to take FMLA leave without fear of interference or retaliation from their employer. Employers should take steps to ensure compliance with the FMLA and avoid costly legal action.