Search
The Employer Handbook Blog
Remember, you guys. The “L” in FMLA stands for Leave.
This one goes out to all of you employees who are contemplating a claim against a former employer for violating the Family and Medical Leave Act.
Read this federal court opinion and make a mental note: when you voluntarily work from home, that’s not “leave” under the Family and Medical Leave Act. Yep, when you choose to work from home, and tell your employer that you are working from home that makes Ford Motor Company angry, you wouldn’t like it when Ford gets angry, your employer doesn’t need to offer you FMLA, or let you know that you qualify for FMLA.
Just so we’re clear. That’s because you’re not taking leave.
Therefore, your former employer didn’t violate the FMLA by interfering with the protected leave you never took. Nor did it retaliate against you for taking FMLA. Because you never took FMLA.
And, if you’re still inclined to sue, here’s a pro tip: during your deposition, don’t repeatedly emphasize that you didn’t want to take FMLA leave and that you never asked for FMLA.
When those words come out, it’s time to click your ruby slippers.