By Lacey A. Napper, JD
A recent decision by a Kentucky federal court has extended the antiretaliation provisions of the Family and Medical Leave Act (FMLA) to employees who never requested FMLA leave or directly engaged in any “protected conduct.”
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Kentucky employers need to understand that the FMLA protects not only employees who request FMLA leave but also any coworkers who are arguably affected by decisions related to those requests. You must be vigilant and evaluate your reasons for taking adverse employment actions against any employee arguably affected by your FMLA decisions. Employees “arguably affected” are now “arguably protected” against retaliation.