An employer may not take any adverse action or otherwise discriminate against an employee or prospective employee who has taken FMLA leave.

An employer may not:

• Interfere with any rights provided by FMLA, including:

  refusing to authorize FMLA leave.

  discouraging an employee from using FMLA leave.

  transferring employees among worksites to keep worksites below the 50 employee level.

  changing the essential functions of the employee’s job to preclude the taking of FMLA leave.

  reducing hours of work to avoid employee eligibility.

• Discharge or discriminate against any person (whether or not an employee) because that person has:

  opposed or complained about any unlawful practice under the Act.

  filed a charge, or has instituted (or caused to be instituted) any proceeding under or related to the Act.

  given, or is about to give, any information in connection with an inquiry or proceeding relating to a right under the Act.

  testified, or is about to testify, in any inquiry or proceeding relating to a right under the Act.

  used FMLA leave.

See Regulations 29 CFR Part 825.220.

Please return to the Previous Page to continue learning about employee rights and benefits under FMLA.

Please return to the Main Menu for other information on FMLA.