Overly burdensome FMLA processes may support an interference claim

A federal appeals court has indicated that an employer’s administration of leave under the Family and Medical Leave Act may give rise to an interference claim where the process itself becomes overly burdensome, even if leave is not formally denied.

The case involved an employee who alleged that the employer’s handling of FMLA leave requests imposed unnecessary hurdles, including repeated documentation requirements and administrative obstacles that made it difficult to take leave.

The employer argued that it had not denied leave and had complied with its obligations under the statute. The employee, however, claimed that the structure and execution of the process effectively discouraged or interfered with the exercise of FMLA rights.

The 6th U.S. Circuit Court of Appeals allowed the claim to proceed, emphasizing that interference under the FMLA is not limited to outright denial of leave.

Instead, the relevant question is whether the employer’s actions – including how leave is administered – could reasonably be viewed as restraining, discouraging or interfering with an employee’s ability to take protected leave.

The court’s reasoning suggests that administrative complexity and repeated procedural demands, if excessive, may support a claim of interference under the FMLA even where leave is technically available.

Implications for leave administration practices

The decision highlights that compliance with the FMLA extends beyond formal approval of leave and includes how the process functions in practice.

Employers that impose layered or repetitive requirements, even if individually permissible, may face risk if those requirements collectively make it more difficult for employees to exercise their rights.

Employers should assess whether their FMLA procedures are streamlined, consistent and proportionate to the requirements of the law.

That includes evaluating how medical certifications are requested, how often documentation is required, and whether internal processes could be perceived as discouraging employees from taking leave.

Clear communication, reasonable documentation practices and consistent administration remain central to reducing risk under the statute.