In December 2011, the Wage and Hour Division (WHD) of the Department of Labor (DOL) released a Fact Sheet regarding protection for individuals under the Family and Medical Leave Act (FMLA).
This fact sheet provides general information concerning the FMLA’s prohibition of retaliating against an individual for exercising his or her rights or participating in matters protected under the FMLA.
The fact sheet gives the following examples of prohibited conduct:
- Refusing to authorize FMLA leave for an eligible employee,
- Discouraging an employee from using FMLA leave,
- Manipulating an employee’s work hours to avoid responsibilities under the FMLA,
- Using an employee’s request for or use of FMLA leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions, or,
- Counting FMLA leave under “no fault” attendance policies.
According to the fact sheet, any violations of the FMLA or the DOL’s regulations constitute interfering with, restraining, or denying the exercise of rights provided by the FMLA.
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