Offering Employee Work Is Not FMLA Interference


The U.S. Court of Appeals for the Fifth Circuit held that an employer’s offer to the employee to perform some work from home in lieu of taking unpaid leave did not constitute interference with the employee’s rights under the Family and Medical Leave Act.

In D’Onofrio v. Vacation Publications, Inc., the employee argued that she was required to perform the work, but the court held that, “[g]iving employees the option to work while on leave does not constitute interference with FMLA rights so long as working while on leave is not a condition of continued employment.” Employers choosing to provide this option, however, must be careful to ensure that the employee does not feel pressured to work as that may then constitute interference with the employee’s FMLA rights.