What is the Family and Medical Leave Act (FMLA)?


The FMLA prohibits an employer from taking adverse action against an employee because the employee exercises a right to which she is entitled. Taking FMLA leave, however, does not give an employee greater protections against termination for reasons unrelated to the FMLA than was available before. In other words, termination is actionable under the FMLA only if the employee was discharged because of her FMLA leave. To proceed with a claim, an employee must present sufficient evidence for a jury to find that her termination was motivated by her exercise of rights under the FMLA.