Interference covers denial of qualifying leave, discouraging its use, counting FMLA absences against attendance, and failure to restore the employee to the same or equivalent position. No discriminatory intent is required.
The employer may show it would have acted regardless.
Alternative Names:
FMLA Interference|Leave Interference
Why it Matters?
The absence of an intent requirement makes interference claims easier to prove than retaliation, since the plaintiff need only show entitlement and denial of a benefit. Counting qualifying absences under a no-fault attendance policy is the most common violation and frequently occurs through system configuration rather than deliberate decision. Auditing attendance systems for FMLA coding is a preventive step that addresses it directly.
Frequently Confused with
Related terms
Frequently asked questions
Why are interference claims easier to prove?
What is the most common violation?
