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Employers cannot interfere with employee rights under the Family and Medical Leave Act. However, the FMLA doesn’t exonerate employee misconduct, including when an employer discovers it during the leave.
I’ll give you an example from a federal court decision I read last night.
The plaintiff needed knee replacement surgery and informed her employer that she needed leave. So, she submitted an FMLA leave request, which the defendant approved to permit the plaintiff to take leave from mid-February to mid-May.
However, the defendant fired her less than two weeks after the plaintiff’s FMLA leave began.
That’s FMLA interference, claimed the plaintiff. But