The Family and Medical Leave Act (FMLA) prohibits an employer from interfering with an employee’s right to take medical leave. When pursuing such a claim, an employee need not allege the employer intended to deny the benefit, just that it was withheld. The employer’s motives are irrelevant when determining whether interference occurred. Of course, the timing of when the need for leave is shared is critical. What happens if an employee is slow to provide an employer with any indication that she needs to take medical leave? Or, what happens when the worker waits until after the termination decision is communicated? The U.S. District Court for the District of Arizona recently addressed the question.
