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.
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