What are FMLA retaliation and interference?

Under the FMLA, employers are prohibited from discharging or discriminating against an employee in retaliation for opposing any practice made unlawful under the FMLA, or for any involvement in a proceeding under or relating to the FMLA.  Employers are also prohibited from interfering with, restraining, or denying an employee’s exercise of his or her FMLA rights.  It is unlawful for an employer to terminate an employee in retaliation for taking FMLA leave or attempting to exercise his or her FMLA rights.

FMLA Interference Claims

In order to establish a claim for FMLA interference, an employee must prove that: (1) he or she is an eligible employee; (2) the employer is a covered employer; (3) he or she was entitled to take FMLA leave; (4) notice of the employee’s intention to take the FMLA leave was given to the employer; and (5) the employee was denied a benefit to which he or she was entitled under the FMLA.

FMLA Retaliation Claims

In order to establish a claim for FMLA retaliation, an employee must prove that: (1) he or she engaged in statutorily protected activity; (2) adverse job action was taken against him or her; and (3) there is a causal connection between the activity and the adverse job action.