Kemp v. Regeneron Pharmaceuticals, Inc.

What the court decided

An employer can violate the FMLA by discouraging an employee from taking leave, even if it never denies a request. The statute makes it unlawful to "interfere with, restrain, or deny" FMLA rights, and the court agreed with the Labor Department that "interference or restraint alone, which includes discouragement, is enough." But the FMLA protects leave, not remote work: it "does not entitle employees to work remotely," though remote work "may be another form of accommodation." The court also held that State Human Rights Law claims accrue when the employee gets definite notice of the decision, not when it takes effect.

Who won

The employer won. The Second Circuit affirmed summary judgment because the FMLA claim was filed after the two-year limit and there was no evidence of a willful violation that would allow three years, and the State-law claims were also filed too late. The employee's constructive discharge claim failed because a transfer with the same pay was not intolerable.

Why it matters for workers with a medical condition

If your employer pressures you not to take FMLA leave, that can be a violation even if the leave is approved. But the deadlines are short, and under State law the clock can start when you are told of a decision, not when it happens.

Key passage: 117 F.4th 63 at 68-72.

We do not host a copy of this decision. The full text is available free from United States Court of Appeals for the Second Circuit (official slip opinion).

This page summarizes the decision in plain language.