What Is Considered FMLA Harassment & Abuse Protection?

The Family and Medical Leave Act (FMLA) gives eligible employees the right to take up to 12 weeks of unpaid, job-protected leave for specific medical or family reasons. It covers everything from a serious health condition to caring for a newborn or an ill family member.

FMLA is a federal law, which means employers must follow it. But not all do. Some try to discourage workers from using their FMLA rights. Others retaliate when employees return from leave. That’s where FMLA harassment comes in.

FMLA harassment is real, and it’s illegal. It can come from employers, supervisors, HR managers, or even co-workers. This guide will help you understand what FMLA harassment looks like, how it may violate your rights, and what to do if you experience it.

What Is Considered FMLA Harassment?

FMLA harassment happens when an employer or colleague mistreats or retaliates against an employee for requesting or taking FMLA leave. This behavior might be obvious, like threats or insults. Or it may be subtle, like giving you harder tasks or excluding you from projects when you return.

Harassment can happen at any stage—before you take leave, while you’re out, or after you return. It is illegal under federal law.

FMLA protections apply no matter who is causing the problem. Harassment can come from supervisors, HR staff, or co-workers. If your workplace becomes hostile because you used or requested FMLA leave, your rights may have been violated.

Examples of FMLA Harassment and Retaliation

Knowing what FMLA harassment looks like is the first step toward recognizing and stopping it. Here are common forms it can take:

Verbal and Psychological Harassment

Some employees are targeted with rude or inappropriate comments. You might hear jokes about your illness or your need to take time off. Colleagues may suggest you are taking advantage of the system. Supervisors may make you feel like a burden for using your legal rights.

These comments may not always be loud or public. Sometimes, the tone is passive-aggressive or sarcastic. This is still harassment.

Intimidation or Threats

Intimidation includes any behavior meant to pressure you into skipping or shortening your FMLA leave. It could be a direct warning that your job is at risk. Or it might be more subtle—like saying, “This may hurt your chances for a raise” or “We need team players.”

These statements create fear. That fear can prevent you from exercising your legal rights. And that’s exactly why it’s illegal.

Unlawful Job Changes or Retaliation

After you return from FMLA leave, your employer must return you to the same or an equivalent job. You must receive the same pay, benefits, and status.

But some employers retaliate by moving you to a worse shift, cutting your hours, or changing your responsibilities. Others may overload you with extra work to punish you.

These job-related changes, if linked to your leave, are likely illegal.

Invasive Questions and Privacy Violations

FMLA allows you to protect your private medical and family information. Your supervisor should not ask for details about your diagnosis or treatment.

You’re also not required to share personal details with co-workers. If your employer shares this information or allows gossip to spread, it could be a violation of your rights.

Hostile Work Environment After Leave

Returning to work should feel normal. But for many, the workplace becomes tense. You may be treated coldly or excluded from meetings. Supervisors may watch your performance more closely than others.

These behaviors are subtle but harmful. Over time, they create a hostile environment. If this shift in behavior started after your leave, it may be harassment.

Intermittent FMLA Harassment

FMLA doesn’t always mean taking weeks off in a row. Many employees use intermittent FMLA, taking a few hours or days off at a time. This is common for ongoing treatments or chronic illnesses.

Unfortunately, intermittent leave often leads to harassment. Managers may act annoyed when you’re out. They might schedule critical meetings during your time off or question every request.

Co-workers may complain that you’re not pulling your weight. You may be given tasks that don’t fit your new schedule. These tactics discourage people from using their rights, which is illegal.

Understanding FMLA Harassment and Abuse in the Workplace

FMLA Harassment by Employer

Employers are legally required to follow federal FMLA rules. That includes properly informing you of your rights, approving valid leave requests, and maintaining your job protections. When an employer discourages, delays, or punishes you for using FMLA leave, it may be considered harassment or retaliation.

Common examples include:

• Denying leave even though you qualify
• Failing to provide FMLA policy information or paperwork
• Requiring more documentation than the law allows
• Using your FMLA leave as a reason to deny promotions or issue discipline

Even if the employer claims it's part of company policy, FMLA law takes priority. Harassment or interference is a violation of federal labor law.

FMLA Harassment by Supervisor

FMLA harassment doesn’t always come from company leadership—it often comes from direct supervisors. Your supervisor might not understand FMLA rules, or worse, may try to pressure you not to take leave.

Signs of supervisor harassment include:

• Threats about losing your job or missing career opportunities
• Constant questioning about your medical condition
• Micromanagement or scrutiny after returning to work
• Giving you unfavorable assignments or excluding you from meetings

Even if it’s just one person causing the issue, your employer is still legally responsible for their behavior.

FMLA Harassment by Co-Workers

Co-worker harassment may seem less serious, but it can create a hostile work environment—especially after you return from leave.

Examples of co-worker harassment include:

• Gossiping about why you were out
• Making jokes or sarcastic comments about your absence
• Complaining that they had to “pick up your slack”
• Resenting you for using intermittent FMLA leave

Your employer is responsible for maintaining a respectful, harassment-free workplace. If co-workers make you feel uncomfortable or targeted because of your leave, your FMLA rights may be at risk.

Am I Abusing FMLA (as an Employee)?

FMLA protects employees, but it also comes with responsibilities. If you don’t follow the rules, your leave can be denied—and your job could be at risk.

You may be abusing FMLA if:

• You lie about a medical condition to take time off
• You use FMLA leave for something unrelated, like a vacation
• You fail to give required notice or submit needed paperwork (without a valid emergency)

Abusing FMLA doesn’t just hurt your credibility—it can also result in termination and make it harder for others to access their legal rights.

Signs Your FMLA Rights May Be Violated

Even though FMLA is a federal law, violations happen more often than most people think. Sometimes the signs are obvious—like being fired for taking leave—but in many cases, the warning signs are subtle. You might think your employer is just being strict or “business-focused,” but in reality, they may be violating your legal rights.

Here are some of the most common signs that your FMLA protections may be at risk:

• Your leave request is denied without a valid reason
• You’re told to delay or reschedule medical care
• You’re asked to respond to emails or work while on leave
• You return to a different job with fewer responsibilities or less pay
• You face write-ups, you are disciplined or are treated differently soon after your leave

What to Do If You’re Experiencing FMLA Harassment

If you think you're experiencing FMLA harassment, act quickly. Start by documenting everything—emails, messages, comments, and changes in your work duties.

If it’s safe, report the behavior to your HR department or a trusted supervisor. Be specific and calm. Include dates, names, and examples.

You can also file a complaint with the U.S. Department of Labor. If the situation is serious or ongoing, consult an employment attorney. Many offer free consultations. Legal experts can help you understand your rights, collect evidence, and file a formal claim.

How Can WebHR Help Protect You from FMLA Violations?

Using a reliable HR software like WebHR can offer critical protection for both employees and employers when it comes to managing FMLA leave.

WebHR tracks all leave requests, approvals, and communication between the employee and the approving authority. This creates a clear digital record of when FMLA leave was requested, whether it was approved or denied, and who handled the decision.

If you ever face FMLA harassment or retaliation, these records can be used as documentation to support your case. For example, if a supervisor claims they never received your request, or if your leave was denied without explanation, WebHR’s logs can show the timeline of events, messages, and responses.

With WebHR, you can:

• Submit leave/paid-time-off requests digitally with timestamps
• Keep a record of who approved or rejected your leave
• Ensure compliance with notice requirements and approval processes
• Reduce the risk of verbal or undocumented misunderstandings

By centralizing leave management, WebHR helps protect employees from miscommunication and potential FMLA violations—especially when dealing with large teams, multiple managers, or remote approval chains.

If your company uses WebHR, be sure to keep your FMLA-related interactions inside the platform whenever possible. It’s your built-in proof of communication and compliance.