Part-time Work from Home during FMLA Leave

One of the issues in D’Onofrio v. Vacation Publications, Incorporated, 888 F.3d 197 (5th Cir. 2018) was whether Plaintiff’s employer interfered with Plaintiff’s FMLA rights to her detriment by giving her the option of working part-time from home during her 12 weeks of FMLA leave.

The court noted that Plaintiff had the burden of offering proof that she was denied her entitlements under the FMLA.  The court found that she failed to meet that burden.  Her employer, by giving her the option of working part-time from her home during her FMLA leave did not deny her any entitlements under the FMLA.

Giving Plaintiff this option, which she was free to decline, did not interfere with her rights under the FMLA.  On the other hand, requiring Plaintiff to work part-time during FMLA leave would have interfered with her right under the FMLA. 

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