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Is it ok if our managers discourage employee use of FMLA leave, without actually denying it?

This post was originally published on this site

Let’s see what Tracy Morgan thinks.

Recently, a federal appellate court concluded that a manager can cause an employer to violate the Family and Medical Leave Act merely by deterring an employee from enjoying benefits under the FMLA without actually causing the company to deny the employee’s request for those benefits.

The plaintiff was an ascending manager at a pharmaceutical company. She had taken some time off in 2015 to care for her daughter, who had a serious health condition. In April and May 2016, she took short-term FMLA leave to have surgery. Then, in June 2016, she worked

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