Would transferring employees on intermittent FMLA leave violate any laws?
Q We have an employee who uses Family and Medical Leave Act (FMLA) leave intermittently, and her supervisor never knows when she’s going to call out. She handles time-sensitive documentation, and the leave is now causing a hardship to the department. Can we transfer her to a new department without running afoul of any laws?
Possibly but only within narrow limits. The FMLA doesn’t permit an employer to transfer or reassign an employee simply because intermittent leave is inconvenient or disruptive to operations. While intermittent leave can create real staffing and workflow challenges, operational hardship alone doesn’t justify adverse action tied to protected FMLA leave usage. That said, FMLA regulations do allow limited transfers in specific circumstances.