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The Employer Handbook Blog
Paid Administrative Leave During an FMLA Investigation Can Be Retaliation. A Federal Appeals Court Just Said So.
A school superintendent returns from FMLA leave to find herself barred from the building and placed on paid administrative leave pending an investigation that, she alleges, never actually happened. A federal appeals court just held that’s enough to state an FMLA retaliation claim.
TL;DR: A school district superintendent alleged she was barred from returning to work immediately after FMLA leave and placed on paid administrative leave for over a year pending an investigation that allegedly never happened. The Sixth Circuit held that those allegations plausibly state a claim for FMLA retaliation, reversed the district court’s dismissal, and remanded. This is a precedential opinion. The underlying facts are allegations only.
A Superintendent, a Pandemic, and a Paid Leave That Lasted Over a Year
The superintendent of a Michigan public school district, according to her complaint, took three months of FMLA leave in October 2021 on her physician’s advice after an alleged conspiracy between the teachers union and five school board members caused her severe emotional distress. Days before her scheduled return in January 2022, the board president emailed her saying she was prohibited from returning and placed on paid administrative leave pending investigation of alleged misconduct. She alleged the investigation was never actually conducted. She remained on paid leave for over a year before being reinstated as superintendent in February 2023.
The district court dismissed her FMLA retaliation claim, concluding that paid administrative leave pending investigation was not an adverse employment action. The Sixth Circuit reversed.
Why the District Court Got It Wrong
The district court applied the adverse action test used for Title VII discrimination claims, which requires a materially adverse employment action. FMLA retaliation claims use a different, lower standard: the Burlington Northern test, which asks whether the employer’s action “might have dissuaded a reasonable worker” from taking leave. The Sixth Circuit has described that bar as “relatively low.”
Under Burlington Northern, paid administrative leave for over a year easily clears the threshold. The court pointed to a prior case in which even a two-day paid suspension met the standard.
The court also addressed timing. The board couldn’t have retaliated while the superintendent was already on leave. Acting on the first opportunity after her return supports the inference of retaliatory motive — the “first meaningful opportunity” doctrine, which the Sixth Circuit applies in both FMLA and ADA retaliation contexts.
Three Things Employers Need to Know About FMLA Retaliation and Administrative Leave
These are allegations, not proven facts. But the legal standards the court applied are established law.
Paid administrative leave is not automatically insulated from FMLA retaliation claims
The district court applied the Title VII discrimination standard — which requires a materially adverse action — to an FMLA retaliation claim. The correct standard is lower. Under Burlington Northern, the question is whether the action would dissuade a reasonable worker from exercising FMLA rights. Paid administrative leave for over a year clears that bar.
Acting at the first opportunity after an employee returns from FMLA leave can be a red flag
Timing matters even when it isn’t immediate. The “first meaningful opportunity” doctrine means the clock doesn’t necessarily start when the employee goes on leave — it starts when the employer has a realistic chance to act. Document the legitimate, non-retaliatory basis for any adverse action that follows an FMLA absence before taking it.
The existence of other legitimate grievances doesn’t automatically defeat an FMLA retaliation claim
At the pleading stage, an employee doesn’t have to rule out other explanations. The employer’s legitimate concerns and the FMLA leave can both be in play, and that’s enough to survive a motion to dismiss. The harder causation question — whether the FMLA leave was the but-for reason for the adverse action — gets resolved later, at summary judgment or trial.
Paid administrative leave has its place as a tool for managing investigations. But its legal profile as a consequence, rather than a courtesy, is more complicated than many employers realize.