I have applied an was approved for Intermittent FMLA. I’ve been with my employer for 2.5 years. I worked the 1250 hours the previous year, and it employs over 20,000 people. Last week I was on Intermittent FMLA due to my son being in the hospital...where he has been for the last 17 days...I am an integral part of his care team. One of my bosses texts me and asks me if I can come in to work because my co worker is tired and is approaching working 6 days in a row and she needs a break...and our Lead is out for a family emergency and his status is unknown...is this fmla interference?
If you are on approved fmla leave, then they can't require you to work. If, however, it would not be a problem for you to help out, then as a practical matter, you might want to consider it. In any event even if they forced you to work, the FMLA does not provide much in the way of damages if you don't lose any pay (such as if you are discharged).
This answer is provided for informational purposes only and should not be relied on as legal advice. You should be aware that no attorney-client relationship is established through this answer and none will be established without a personal consultation and the signing of an engagement agreement.
Your boss asking you if you can come into work is not in and of itself interference. If you are treated adversely for choosing not to come in while on leave then you have a retaliation interference claim.
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