Alerts2.3.23
Sixth Circuit Expands Retaliation Protections for Employees Potentially Entitled to Leave Under the FMLA
Highlights
An employee does not have to be entitled to leave under the Family and Medical Leave Act (FMLA) to be protected from retaliation
In the event of a dispute, an employer has an affirmative obligation to gather information to determine whether the leave qualifies under the FMLA
An employee may be entitled to retaliation protection under the FMLA if their request for leave is based on prior communications and the circumstances surrounding their request
The Sixth Circuit Court of Appeals recently cemented expansive protections for employees asking for a leave of absence even where the leave may not qualify for protection under the Family Medical Leave Act (FMLA).
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