No. It is a violation of the FMLA for an employer to use an employee's taking of FMLA leave against them for purposes of taking a disciplinary action.

Can my employer use my taking of FMLA leave against me in taking a disciplinary action against me?

 

A: No.  It is a violation of the FMLA for an employer to use an employee's taking of FMLA leave against them for purposes of taking a disciplinary action.