1) In an interference
claim, the employee must allege:
a) His/her status as an eligible employee;
b) He/she has fulfilled employee obligations under the FMLA, such as notification;
c) The employer has failed to fulfill its statutory obligations under the FMLA; and
d) The employee need only establish entitlement, as the employer’s intent is immaterial.
2) In a retaliation
claim, the employee may seek recovery for a
claim involving asking for or receiving
leave if:
a) The plaintiff availed herself/himself of a protected FMLA right;
b) The plaintiff was adversely affected by an employment decision; and
c) There was a causal connection between a) and b).
American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006
