When it comes to Family and Medical Leave Act leave, not all comments are treated equally. Some comments may discourage an employee from using FMLA leave, thereby interfering with the employee’s FMLA rights and creating employer liability. In contrast, other comments from supervisors may be viewed as completely permissible requests and do not violate the FMLA.
Distinguishing between what kinds of comments are acceptable requires that you appreciate the FMLA’s statutory and regulatory requirements regarding employee leave rights.
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