What Is Considered FMLA Harassment?

FMLA harassment happens when an employer interferes with, discourages, or retaliates against an employee for taking leave under the Family and Medical Leave Act (FMLA).

This can include negative comments about the employee’s leave or threats to job security. It can also include excessive contact during the leave period or disciplinary action for taking or requesting FMLA leave.

To put it simply, if you take protected FMLA leave and are treated unfairly or pressured not to take that leave, that could be considered FMLA harassment. These actions may also overlap with other forms of workplace discrimination—like disability or gender discrimination—depending on the circumstances.

Understanding the FMLA: A Quick Overview

The Family and Medical Leave Act is a federal law. It lets qualified workers take up to 12 weeks of unpaid leave. This leave is job-secured and can be used for medical or family reasons.

Such reasons may include serious personal illness, caring for a family member with a serious health condition, or bonding with a new child. Employees are entitled to return to the same or equivalent position after their leave.

To be eligible, an employee must:

• Work for a covered employer (usually one with 50 or more employees),
• Have worked at least 1,250 hours over the past 12 months, and
• Have been employed for at least 12 months.

Forms of FMLA Harassment

FMLA harassment can take many forms, but here are some of the most common examples:

1. Discouraging Leave Requests

If your manager questions your need for FMLA leave, pressures you to use sick days instead, or implies your job might be at risk if you take time off, that's harassment. Employees have a legal right to take FMLA leave without being made to feel guilty or afraid.

2. Retaliation After Leave

Returning to work after FMLA leave and being demoted, reassigned to undesirable tasks, or excluded from meetings could signal retaliation. Employers are not allowed to punish workers for exercising their FMLA rights.

3. Excessive Monitoring or Contact

Furthermore, employers should avoid unnecessary communication while an employee is on FMLA leave. Occasional check-ins for transitional purposes may be okay, but being asked to complete work, answer emails, or attend meetings during leave crosses a line.

4. Negative Comments or Hostile Attitudes

Supervisors or coworkers making rude comments like “Must be nice to get all that time off” or suggesting you’re “milking it” can create a hostile work environment. Repeated remarks or sarcasm about your leave can qualify as harassment.

Intersection with Disability and Gender Discrimination

FMLA issues often overlap with other forms of workplace discrimination. Here's how:

Disability Discrimination

If you take FMLA leave for a chronic condition or serious health issue, and then face negative consequences upon return, your employer may also be violating the Americans with Disabilities Act (ADA). For example, refusing reasonable accommodations or targeting you for termination could qualify as disability discrimination.

Gender Discrimination

Mothers or fathers using parental leave may be treated differently because of gender stereotypes. If an employer favors male employees who don’t take time off or punishes female employees for exercising leave rights, that may involve both FMLA and gender discrimination.

Legal Protections and What to Do

The FMLA prohibits:

• Interference with FMLA leave
• Denial of leave when eligible
• Retaliation for requesting or using leave

If any of these occur, you may have a claim against your employer. A record of emails, performance reviews, or HR conversations can help if you decide to take legal action.

When to Contact an FMLA Lawyer

If you believe you're experiencing FMLA harassment or retaliation, speaking with an experienced FMLA lawyer can help you understand your rights and options. These attorneys can assist with filing a complaint with the U.S. Department of Labor or pursuing a civil case if needed.

Real-World Examples of FMLA Harassment

• A nurse was placed on night shifts upon returning from medical leave, even though she had always worked day shifts and requested the same schedule.
• An employee was called multiple times a week by their manager while on leave, asked to provide updates, and pressured to return early.
• A new mother returning from maternity leave was given a poor performance review despite no prior issues, and later passed over for promotion.

Each of these scenarios could represent FMLA harassment or retaliation, especially if the employee’s leave was a factor in the employer’s actions.

You Are Protected from FMLA Harassment

FMLA harassment is a serious violation of federal law. It includes interference, discouragement, or retaliation related to legally protected leave. If you're treated unfairly for taking FMLA leave, document everything and consider speaking with an employment lawyer to protect your rights.