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Was it OK for manager to contact woman while she was out on intermittent leave?

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Supervisor’s take-home: A word to the wise: Once a member of your crew has been approved for intermittent leave, make sure you don’t initiate contact with the person during his or her leave time – the interaction could later be misinterpreted as unlawful leave interference.

What happened: A woman was approved for intermittent leave under the Family and Medical Leave Act (FMLA) to take care of her husband following his surgery. The staff member was permitted to leave the workplace every day at noon for about three weeks.

What people did: During the three weeks the woman was using her intermittent FMLA leave, her supervisor sent her multiple emails while she was out and assigned job duties to her that she couldn’t complete given her reduced schedule. Then the supervisor berated her for not finishing the tasks. The employee was also ordered to attend a training session scheduled during her intermittent leave time. The woman eventually completed her FMLA time off, but she was terminated a short time after she returned to the workplace, allegedly for insubordination.

Legal challenge: The woman sued for unlawful FMLA interference.

Result: The employer lost. The court said the woman could pursue her interference claim because she provided evidence that her supervisor repeatedly contacted her while she was out on intermittent FMLA leave. Not only was the boss sending her emails, but he was also assigning tasks to her that she couldn’t complete with her reduced schedule. And the woman was ordered to attend a training session that conflicted with her time off.

The skinny: Judges are rarely impressed when employers let staff members take time off under the FMLA but then insist they work during their leave time and criticize them for failing to complete tasks on time.

Cite: Jiggetts v. Cipullo, et al., U.S. District Court, D. D.C., No. 17-cv-380, 3/31/25.

(From the May 9, 2025, issue of HR Manager’s Legal Alert for Supervisors. To start your no-obligation trial subscription to the publication right now, please click here.)