FMLA Violation By Mere Discouragement, Second Circuit Holds

An employer can violate the Family and Medical Leave Act (FMLA) merely by interfering with an employee's use of statutory benefits—even if the employer ultimately grants the benefits to which the employee is entitled, the Second U.S. Circuit Court of Appeals has ruled.

Denise Kemp, a manager at Regeneron Pharmaceuticals, spent most of June 2016 working remotely to take care of her child who had a serious medical condition.

When she returned to the office, her supervisors expressed concern about the amount of time Kemp had been away and limited her to one day of remote work per week. At the same time, however, her supervisor also encouraged Kemp to speak with someone in the Human Resources Department about using paid time off or intermittent FMLA leave, rather than work remotely.