Knoxville, TN FMLA Lawyers

Interference with FMLA Rights

The Family and Medical Leave Act of 1993 (“FMLA”) protects the job of a worker who must miss work due to his or an immediate family member’s serious health condition, the birth of a child, to care for an injured service member in the family, or other qualifying reasons. When the FMLA applies, the employer must give the employee up to twelve (12) weeks of unpaid leave within a twelve month period. The law says an employer may not “interfere with, restrain, or deny the exercise of or the attempt to exercise” these FMLA rights. If it does, the employee may sue for FMLA interference.

Generally speaking, here is what you must prove in a FMLA interference case:

  1. The employee was eligible for FMLA;
  2. The employer met the definition of “employer;”
  3. The reason for the leave fit within the FMLA’s scope;
  4. The employee gave notice of his intention to take leave; and
  5. The employer denied or interfered with one of the FMLA’s benefits.

The FMLA—and yours and the employer’s rights under that law—has a lot of moving parts. Employees also have certain obligations under the FMLA, so you should immediately call your lawyer to discuss your FMLA rights and obligations. You should also contact a FMLA lawyer if you believe your employer has interfered with your FMLA rights.

If you have questions about FMLA rights, call us or another experienced employment lawyer. For more general information, go the U.S. Department of Labor’s website,, which has information about FMLA eligibility and FMLA rights.