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. An employer is not legally permitted to use an employee's use of FMLA leave against them.

If your rights under the FMLA have been violated or you have questions about your rights under the FMLA, contact Lexington, Kentucky FMLA and employment lawyer Robert Abell at 859-254-7076.