If I am using intermittent FMLA to care for my son, can my boss refuse to let me take a pre-approved personal day which was approved before I needed to use FMLA?


1 answer  |  asked Jul 31, 2018 1:45 PM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
FMLA interference is unlawful. Although your employer does not have to accommodate your son's disability your employer may not discriminate against you because you are associated with an immediate family member who has a serious health condition. It's complicated. Associational discrimination under the ADA when combined with FMLA interference can potentially result in damages. Keep records, document, make sure you have all of your performance evaluations as well as correspondence and doctor's notes associated with the FMLA including your texts or e-mails. If you suffer an adverse employment action (i.e. are terminated or demoted) call us.

posted by V Jonas Urba  |  Jul 31, 2018 2:12 PM [EST]

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