Takeaway: As the most frequent first point of contact when an employee has an FMLA question, it is critical to train managers on the key elements of the FMLA and how to properly handle FMLA leave requests. Training should include how to recognize when an employee’s request may trigger FMLA obligations and what the manager should and should not say or do to avoid creating liability for interfering with FMLA rights.
The Family and Medical Leave Act (FMLA) does not require an actual denial of benefits for a violation of the FMLA to have occurred, the 7th U.S. Circuit Court of Appeals held, ruling that a sheriff's department had interfered with an employee's right to use FMLA leave he was entitled to take.
The employee had worked as a correctional officer for the sheriff's department for 27 years. During that time, he had developed several serious health conditions, including post-traumatic stress disorder (PTSD), and periodically had taken FMLA leave.
In September 2016, the employee had used 304 hours out of the 480 hours of FMLA leave he was eligible for when he called the department's FMLA manager to discuss using his remaining FMLA leave as well as his sick and other leave benefits to enroll in an eight-week PTSD treatment program recommended by his doctor. According to the employee, the manager responded by telling him that he had "taken serious amounts of FMLA" and saying, "Don't take any more FMLA leave. If you do so, you will be disciplined."
After hearing this, the...
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