No. An employer may not use an employee's taking of FMLA leave as a negative factor in an employment action. Arban v. West Publishing Corp., 345 F.3d 390 (6th Cir. 2003); 29 C.F.R. 825.220(c).

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

 

A: No.  An employer may not use an employee's taking of FMLA leave as a negative factor in an employment action.  Arban v. West Publishing Corp., 345 F.3d 390 (6th Cir. 2003); 29 C.F.R. 825.220(c).  


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