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ARTICLE · 10 OCTOBER 2014

Pushing Employees To Work During FMLA Leave Can Backfire

Bradley Arant Boult Cummings LLP
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If an employee claims her employer interfered with her rights under the Family and Medical Leave Act but she didn’t lose any salary or benefits, can she state an interference claim?

United StatesEmployment and HR
Anne Yuengert
Anne Yuengert
Bradley Arant Boult Cummings LLP
Bradley Arant Boult Cummings LLP

If an employee claims her employer interfered with her rights under the Family and Medical Leave Act but she didn't lose any salary or benefits, can she state an interference claim? In Evans v. Books-A-Million Inc., the Eleventh Circuit says maybe.

Tondalaya Evans, Books-A-Million's Payroll and Insurance Manager, was to start her maternity leave beginning in September 2006. As her due date approached, however, the new payroll system implementation for which Evans was responsible got delayed to November, so much needed to be done during her leave. According to the opinion, Evans' supervisor, Sandi Meeks, told Evans that instead of the 10 weeks of maternity leave she had planned, they had decided she needed to work from home and gave her a laptop computer. Although she objected, given that 50 percent of her annual bonus was riding on a successful implementation of the new system, Evans said she bowed to the pressure and agreed to work from home.

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