Most employers have gotten the hang of handling FMLA requests: Make sure the employee is eligible; get paperwork from the provider; and monitor the amount of time taken. Whether all supervisors are overjoyed with every employee’s desire to take off due to a qualifying condition is another matter. But if you follow the procedures and grant the FMLA leave, can you still interfere with an employee’s rights? In Kemp v.
Regeneron Pharmaceuticals , the Second Circuit says you can. But We Didn’t Deny any Leave! In 2016, Denise Kemp asked for, and received, FMLA leave to care for her disabled daughter and to have her own surgery. When her daughter had surgery in June 2016, Kemp opted to work remotely from the hospital.
When that stretch of remote work ended, her supervisor told her that she “needed to be more visible in the office and attend meetings in-person rather than by phone” and limited her to one remote day per week. At her supervisor’s suggestion, Kemp then applied for and was granted intermittent FMLA leave so that she could continue to help with her daughter. There continued to be discussions about transitioning Kemp to a job with fewer managerial responsibilities (but with the same title and compensation).
Eventually, Kemp retired, claiming that her decision was spurred by Regeneron’s refusal to let her work remotely. Kemp filed an action claiming the company violated her rights under the FMLA and certain state statutes. Regeneron moved for summary judgment,.