January 10, 2017

Employer Interference with FMLA Rights

In Ross v. Youth Consultation Serv., 2016 U.S. Dist. LEXIS 179693, 9-10 (D.N.J. Dec. 29, 2016), the Federal District Court decided a claim of interference with FMLA rights.  To establish an FMLA interference claim, a plaintiff must demonstrate five elements:

  1. the employee was an eligible employee under the FMLA;
  2. the employer was subject to the requirements of the FMLA;
  3. the employee was entitled to leave under the FMLA;
  4. the employee gave notice to the employer of the intention to take FMLA leave; and
  5. the employer denied benefits to which the employee was entitled under the FMLA.

 

The court found that the employer failed to notify the plaintiff of her rights under the FMLA.  Although when the employee took leave the amount of time needed was unclear, the employer subsequently received information which put it on notice that the required leave was beyond the 12 weeks provided under the FMLA.  At that point, it was obligated to explicitly notify the employee that leave would exceed the available time.  The failure to do that prejudiced the employee since she was denied the opportunity to structure her leave to ensure her employment.