FMLA protections begin when employees ask for leave

The ruling

The court found in favor of the employer, but only because the employer had well-documented evidence of Daniel’s poor job performance as the reason for the termination.

The ruling, however, reminds employers that simply asking for or about FMLA leave is a protected activity. If employers take a negative employment action because an employee engages in a protected activity, they risk a retaliation claim. Employees are protected when they first attempt to exercise their FMLA rights, like simply putting their employer on notice of the need for leave.

Daniel asked about FMLA leave, so his FMLA protections began at that time, not when he provided an FMLA certification or other documentation supporting the need for leave, or when leave began. Firing an employee for asking, said the court, “would frustrate the aims of the FMLA,” even if the inquiring employee turns out to be ineligible.

In court, Daniel tried to argue that the employer’s real reason for firing him was his FMLA leave request, since he was fired around the same time. The employer, however, was able to demonstrate to the court that they had a completely separate reason for his termination.

The court therefore found that the employer had a legitimate reason for the firing and ruled in its favor.

Paris v. MacAllister Machinery Co., Inc., et al; Sixth Circuit Court of Appeals; No. 25-1726, May 14, 2026.

Court decisions are based on the specific facts presented and each court’s interpretation of the law. Because courts may reach different conclusions, similar situations can lead to different outcomes. Employers should avoid relying on a single case as definitive guidance and instead assess each situation carefully, considering applicable laws, and seek advice when needed.

Key to remember: Employees are protected by the FMLA when they first put employers on notice of the need for leave. Employers should have well-documented evidence if they fire employees.