Wednesday, February 23, 2011

Employer’s frequent calls to employee during FMLA leave may create interference with FMLA rights
Ogletree Deakins
Maria Greco Danaher
February 15 2011

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Under the Family and Medical Leave Act (FMLA), an employer is prohibited from denying, restraining, or interfering with an employee’s rights to qualified leave. One federal court recently found that an employer’s frequent phone calls to the employee asking when she would return to work while she was on FMLA leave may have interfered with the employee’s FMLA rights. Terwilliger v. Howard Memorial Hospital, WDAK, No. 09-CV-4055, January 27, 2011.
The FMLA provides to eligible employees up to 12 weeks of unpaid leave for qualifying conditions, and precludes employers from interfering with an employee’s rights under the Act. Under the regulations associated with the Act, interference includes “discouraging” an employee from using FMLA leave.

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