When Does an Employer “Interfere” With an Employees FMLA Rights?
has highlighted the need for employers to ensure that they provide their employees with accurate information concerning their rights under the Family and Medical Leave Act (FMLA) (http://www.dol.gov/dol/topic/benefits-leave/fmla.htm) if they are to avoid a claim of “interference” with those rights. (McFadden v. Ballard Spahr Andrews & Ingersoll, No. 08-7140, D.C. Cir., June 29, 2010). According to the Court, an FMLA interference claim has only two requirements: (1) that the employer somehow interfered, restrained, or denied the exercise of FMLA rights, and (2) that the interference directly resulted in monetary loss to the employee. An employer who mischaracterizes or provides misinformation regarding employees’ FMLA entitlements may violate the FMLA if that mischaracterization or misinformation affects when or how an employee takes leave in any way. Therefore, an employer may be liable even in those situations in which FMLA leave was never actually denied. The facts of the case are in
Related Questions
- Can an individual (e.g. supervisor) be held responsible for interference with an employees rights under FMLA or only the employer?
- Does the Employer Have To Provide an Individualized Notice of Rights To Each Employee Who Requests FMLA Leave?
- If the employer denies the employees request for the premium reduction does the employee have appeal rights?
