Can my employer use my taking of FMLA leave as a negative factor in an employment action?

No; it is a violation of the Family Medical Leave Act (FMLA) for an employer to use an employee's taknig of FMLA leave as a negative factor against the employee. This has been recognized by both court decisions and federal regulations. See Arban v. West Publishing Corp., 345 F.3d 390 (6th Cir. 2003); 29 C.F.R. 825.220(c).

Lexington, Kentucky FMLA lawyer Robert Abell represents individuals and employees whose rights under the FMLA have been violated; contact him at 859-254-7076.