When employers make it difficult or impossible for employees to take the family and medical leave they are entitled to under the law, those actions constitute FMLA interference. Unlike retaliation claims that focus on punishment for exercising rights, interference claims address actions that prevent employees from using their rights in the first place. Understanding FMLA interference helps you recognize when your employer is violating the law and empowers you to take action to protect your rights.
What Constitutes FMLA Interference
Interference occurs when an employer takes any action that restrains, denies, or interferes with an employee's exercise or attempt to exercise FMLA rights. This includes the obvious case of denying a valid leave request, but interference can also be far more subtle. Discouraging an employee from using leave, creating obstacles that make it difficult to request leave, or failing to provide required information about FMLA rights all qualify as interference.
The FMLA regulations specifically prohibit employers from interfering with, restraining, or denying the exercise of any right provided under the statute. This prohibition extends to attempting to exercise rights, meaning employers cannot interfere with leave requests even if the leave is never actually taken. The employee does not need to prove that the employer acted with bad intent; even unintentional interference can create liability.
Common Forms of Interference
Outright denial of FMLA leave when an employee qualifies represents the most direct form of interference. Some employers deny leave by claiming the employee is not eligible when they actually are, or by claiming the reason for leave does not qualify when it does. Other employers approve leave on paper but pressure employees not to take the full time they need or make clear that taking leave will have negative consequences.
Procedural interference involves creating unreasonable obstacles to requesting or taking leave. This includes requiring employees to provide information beyond what the law allows, refusing to accept valid medical certifications, delaying decisions on leave requests, or requiring employees to work while on approved leave. Failing to provide the notices required by FMLA regulations also constitutes interference because it prevents employees from understanding and exercising their rights.
Notice Requirement Violations
Employers have specific notice obligations under the FMLA that protect employees' rights. Within five business days of learning that an employee may need FMLA leave, employers must provide an eligibility notice informing the employee whether they are eligible and, if not, the reasons why. Employers must also provide a rights and responsibilities notice explaining the expectations and consequences of taking FMLA leave.
Once an employer has enough information to determine whether leave qualifies as FMLA leave, it must provide a designation notice within five business days. Failing to provide these notices, providing inaccurate notices, or unreasonably delaying notices constitutes interference. Employees who do not receive proper notice may not understand their rights and may fail to take actions needed to protect their positions.
Medical Certification Issues
Employers may require medical certification to support FMLA leave for serious health conditions, but strict limits apply to what employers can demand. Employers cannot require certification for reasons beyond those specified in the regulations, and they cannot directly contact your healthcare provider without your permission except through a healthcare provider on behalf of the employer. Requiring certification more often than allowed or demanding information beyond the permitted scope constitutes interference.
If an employer determines that a medical certification is incomplete or insufficient, it must provide the employee a reasonable opportunity to cure the deficiency. Employers cannot deny leave outright based on incomplete certification without giving the employee the chance to provide additional information. Unreasonably rejecting certification or demanding excessive documentation interferes with FMLA rights.
Proving Interference
To succeed on an FMLA interference claim, you must prove that you were entitled to FMLA leave, that your employer denied or interfered with that leave, and that you suffered harm as a result. Unlike retaliation claims, interference claims do not require proving discriminatory intent. The employer's good faith belief that its actions were appropriate is not a defense if those actions actually violated the FMLA.
Evidence supporting interference claims includes documentation of leave requests and employer responses, copies of notices provided or not provided, medical certifications submitted and any employer objections, communications showing pressure not to take leave, and evidence of harm such as lost wages, lost benefits, or medical complications from delayed treatment.
Remedies for Interference
Employees who prevail on interference claims can recover damages for any losses resulting from the violation. Compensatory damages include lost wages and benefits, the cost of medical care that would have been covered by employer-provided insurance, and other actual monetary losses. If the employer cannot prove its actions were in good faith, liquidated damages equal to the compensatory damages may also be awarded.
Equitable relief may include reinstatement to your position if you were terminated, restoration of lost seniority, and injunctive relief preventing future violations. Attorney fees and costs are also recoverable, making it financially feasible to pursue claims even when monetary damages are modest. The availability of fee-shifting encourages employees to enforce their rights and deters employer violations.
Protecting Your Rights
If you believe your employer is interfering with your FMLA rights, documenting everything becomes critical. Keep copies of all communications about your leave request, including emails, letters, and notes about verbal conversations. Note dates, times, and the names of people involved in any discussions about your leave. This documentation provides evidence if you need to pursue a claim later.
Consider consulting with an employment attorney if you experience interference. An attorney can help you understand whether your employer's actions violate the FMLA, advise you on how to respond, and represent you if litigation becomes necessary. Many employment attorneys offer free consultations and take cases on contingency, making legal help accessible regardless of your financial situation.