FMLA-Good Faith Belief Defense

Under the FMLA, an eligible employer (with more that 50 employees in a 75 mile radius) may not interfere with, or retaliate against, any eligible employee. Retaliation requires a demonstration that the Employer was motivated by retaliatory intent.

The 6th Circuit Court of Appeals has recently held that a belief that is “reasonably grounded on particularized facts”, that the employee’s request for FMLA was fraudulent or sufficiently suspicious that the employer denies the request may be a defense to the subsequent FMLA -even if the suspicions are not subsequently proven.