Compare And Contrast The Difference Between FMLA Interferenc

compare And Contrast The Difference Between Fmla Interference And Fm

Compare and contrast the difference between FMLA interference and FMLA retaliation. Additionally, articulate the requirements for an employee to be covered under FMLA. Lastly, if an employer desires to provide FMLA protection for employees, but the employer does not have the requisite number of employees to qualify under the statute, can the employer nevertheless decide to provide FMLA protection to its workforce? Why, or why not? Explain in full. (250 words)

Paper For Above instruction

The Family and Medical Leave Act (FMLA) provides essential job protections for employees facing medical or family-related issues. Two primary legal concepts under FMLA are interference and retaliation, each safeguarding different employee rights and requiring different proof standards. Understanding the distinction between them is vital for both employees and employers.

FMLA interference occurs when an employer improperly denies, restrains, or interferes with an employee’s exercise of FMLA rights. For instance, an employer may deny eligible employees leave or refuse to reinstate them after leave without a valid reason, violating the employee's statutory rights. To establish interference, the employee does not need to prove discriminatory intent but must demonstrate that the employer hindered their protected rights (Walsh, 2013). This breach directly affects the employee’s ability to take leave or return to work.

Conversely, FMLA retaliation involves employer actions taken against an employee because they exercised their FMLA rights. Retaliation is intent-based, requiring proof that the adverse employment action—such as termination or demotion—was motivated at least in part by the employee’s request or pursuit of FMLA leave (Walsh, 2013). The key difference is that interference concerns wrongful denial of rights, while retaliation relates to punitive responses to exercising those rights.

Regarding employee coverage, FMLA generally applies to employers with at least 50 employees within a 75-mile radius, and employees must meet specific service requirements—such as working 1,250 hours in the past year (Walsh, 2013). However, if an employer does not meet these criteria but voluntarily chooses to provide FMLA-like benefits, it can offer protections but will not be bound by FMLA statutes. Voluntary provisions depend on employer discretion unless mandated by other laws or collective bargaining agreements, meaning employer motivation and policy decisions guide such protections (Walsh, 2013).

References

Walsh, D. J. (2013). Employment law for human resource practice (4th ed.). Mason, OH: South-Western.