FMLA Interference: 5 Actions to Avoid
If you are a manager or responsible for receiving and reviewing requests for Family and Medical Leave absences, below are five actions to avoid to ensure you are not interfering or restricting an employee’s FMLA rights.
Remember, FMLA is job-protected leave.
Discouraging an employee from taking leave because it’s a busy time, you have reduced staffing, or that taking leave would impact their opportunity to move up in the company. FMLA is job-protected leave.
Delaying approval or requiring an overabundance of documentation.
Counting FMLA use negatively toward attendance points or pay increases.
Using FMLA leave in a negative manner toward job actions, including promotions, transfers, and disciplinary actions.
Requiring the employee to work during their FMLA leave, answer calls, or respond to emails.
The FMLA prohibits employers from interfering with, restraining, or denying the exercise of rights provided under the Family and Medical Leave Act. See also 29 U.S.C. 2515(a)(1) and 29 CFR 825.220 of the Code of Federal Regulations.
