In order to prevail on an FMLA interference claim, an employee must establish that: (1) she was eligible for the FMLA's protections, (2) her employer was covered by the FMLA, (3) she was entitled to leave under the FMLA, (4) she provided sufficient notice of her intent to take leave, and (5) her employer denied her FMLA benefits to which she was entitled. Hodge v. Honda of Am. Mfg., Inc, 384 F.3d 238, 244(6th Cir. 2004).
The FMLA does not define “interference,” but Department of Labor regulations provide that interference with the exercise of an employee's rights includes not only refusing to authorize MLA leave, but discouraging an employee from using such leave. 29 C.F.R. § 825.220(b).
If you're employer has violated your rights under the FMLA. Seek the counsel of an attorney.
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