What Is the FMLA?
The Family and Medical Leave Act, 29 U.S.C. § 2601 et seq., provides eligible employees of covered employers with job-protected leave for certain family and medical reasons. The FMLA may apply when an employee needs leave for a serious health condition, to care for a covered family member with a serious health condition, for childbirth or bonding, or for certain military-family reasons.
FMLA Interference
FMLA interference occurs when an employer interferes with, restrains, or denies the exercise of FMLA rights. Under 29 U.S.C. § 2615, employers may not interfere with FMLA rights or retaliate against employees for using them. Interference may include refusing leave, discouraging leave, failing to provide required notices, miscounting leave, demanding improper documentation, or failing to reinstate the employee after leave.
In Graziadio v. Culinary Institute of America, 817 F.3d 415 (2d Cir. 2016), the Second Circuit addressed FMLA interference and retaliation issues, including whether an employee’s efforts to take protected leave were mishandled.
FMLA Retaliation
FMLA retaliation occurs when an employer punishes an employee for requesting or taking FMLA leave. In Potenza v. City of New York, 365 F.3d 165 (2d Cir. 2004), the Second Circuit addressed retaliation for taking FMLA-protected leave.
Examples of FMLA retaliation may include:
- Termination shortly after requesting or returning from leave.
- Demotion, reduced pay, or loss of responsibilities.
- Negative reviews based on absences protected by the FMLA.
- Pressure not to take leave.
- Refusal to reinstate an employee to the same or equivalent position.
- Using leave as a reason for discipline.
FMLA, Disability Law, and Paid Family Leave
FMLA issues often overlap with disability accommodation laws, pregnancy laws, New York Paid Family Leave, and employer leave policies. An employee who exhausts FMLA leave may still have rights under disability accommodation laws depending on the facts. Employees should preserve medical certifications, leave requests, HR communications, attendance records, and termination documents.
Related Fingerhut Law Pages
Disability Discrimination, NY Paid Family Leave Violations, Wrongful Termination, Retaliation for Protected Activity.
Contact Fingerhut Law
If your employer denied leave, interfered with leave, or punished you for taking medical or family leave, contact Fingerhut Law for a confidential consultation.
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