The FMLA, Expanded

Interference

To begin, the FMLA makes it “unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this subchapter.” FMLA, 29 U.S.C. ' 2615(a)(1). In order to make a case for interference with benefits under 29 U.S.C. ' 2615(a)(1), a plaintiff must establish that: 1) she is an eligible employee; 2) she was entitled to take leave under the FMLA; 3) she gave notice to her employer of her intention to take leave; and 4) the employer denied her the benefit to which she was entitled under the FMLA. Sabatino v. Flik Int'l Corp., 286 F. Supp. 2d 327, 335-36 (S.D.N.Y. 2003). Such a claim is distinct from a discrimination or retaliation claim, which arises when an employer takes an adverse action based on the employee's attempt to exercise her rights to take leave. Stallings v. Hussmann Corp., 447 F.3d 1041, 1051 (8th Cir. 2006) (“The difference between the two claims is that the interference claim merely requires proof that the employer denied the employee his entitlements under the FMLA, while the retaliation claim requires proof of retaliatory intent.”) (Citing Kauffman v. Fed. Exp. Corp., 426 F.3d 880, 884 (7th Cir. 2005)).