My employer recently asked coworkers to report potential FMLA abuse. Can this be considered work place retaliation and potentially create a hostile workplace for those with legit FMLA status.
Recent section of a memo from my employer.
"Moreover, employees who misuse FMLA are hurting their coworkers.
Misuse of FMLA forces other employees to work additional hours and/or
on days that they were not otherwise scheduled to work. This has a
negative impact on morale. And perhaps most importantly, abuse of FMLA
benefits is a form of personal fraud that is wholly inconsistent with
our guiding principles.
For these reasons, the Company has never tolerated and will not
tolerate misuse of FMLA. The Company is and will remain committed to
full compliance with all aspects of employee FMLA rights. However, it
diligently monitors FMLA usage to identify and address – through
discipline if need be, including termination – those who abuse this
benefit. If you become aware of instances of potential misuse by your
coworkers, you are encouraged to report it to your supervisor or to (email address)
Answers (1)
By itself, the memo probably does not create a hostile environment, which requires conduct that is either severe or pervasive.
However, if an employee loses his or her job or is the target of other adverse action, this message is solid evidence of this employer's animosity towards FMLA leave. In other words, this is potential evidence for proving that an adverse action was in retaliation for taking the FMLA leave.
posted by Kirk Brauer | Jul 3, 2020 08:58 AM [EST]
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