081723.02 / Sixth Circuit Clarifies Retaliation for FMLA Purposes

In a recent case, the Sixth Circuit Appeals Court held in Milmen v. Fieger & Fieger, P.C., No. 21-2685 (6th Cir. Jan. 25, 2023), that an employee's mere notice to an employer of their need to take leave under the Family and Medical Leave Act (FMLA) was protected conduct.  In this case, the employee provided notice of their need for FMLA leave in order to care for a child, but did not ultimately take any FMLA leave.  The employee was then terminated and filed a retaliation claim under the FMLA.  The Sixth Circuit here held that the protected activity under the FMLA began with the first step under the FMLA's procedures, which is a request for leave that is made by an employee to their employer.  There was no requirement that the employee actually be entitled to the FMLA leave in the end.  For more information on employers' obligations under the Family and Medical Leave Act, visit Tax Facts Online. Read More: Q 3511.