Can taking FMLA leave be used against an employee?

No.  An employer cannot use against an employee the taking of leave under the Family Medical Leave Act (FMLA) as a negative factor in an employment decision such as a promotion, evaluation or raise. This has been recognized by court decisions and the federal regulations.

Lexington, Kentucky FMLA lawyer Robert Abell represents individuals and employees in cases under the FMLA; contact him at 859-254-7076.