FMLA promotion issue

UPDATED: Oct 1, 2022

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FMLA promotion issue

Recently, I was placed on FMLA/STD and while on it I was given an interview for a supervisor role in the company. The HR rep and the Manager approved me to the next round of interviews and when the recruiter called me he stated I was not allowed to further interview because I was on FMLA and was no longer eligible for the position. This seems like I should never been allowed to interview in the first place or am being penalized unfairly. Would this be an actual case to look in to or just a tough luck situation?

Asked on April 13, 2019 under Employment Labor Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends on why being on FMLA resulted in them denying the position to you. If being on FMLA meant you could not start when needed--e.g. the supervisor needed to being working as supervisor while you were going to be out on FMLA--then they could validly deny you the role: in this case, you were not available when needed.
On the other hand, if you being on FMLA did not actually interfere with taking the position and you were effectively punished for using FMLA, that is illegal and you would have a claim for FMLA retaliation. If you  believe this was the case, contract the state or federal department of labor about filing a complaint.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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