FMLA Trends from 2025: What Employers Need to Know

If you manage employees, you’ve faced FMLA requests that raise questions about compliance. The American Bar Association’s 2025 FMLA litigation summary reveals four key trends that should inform how you handle employee leave.

Interference Claims: Granting Leave Does Not End Your Obligations

A recurring pattern emerged in 2025: courts rejected the argument that providing an employee with 12 weeks of leave automatically defeats an interference claim. In Bynum v. Bandza (C.D. Ill. 2025), a jury found for an employee whose FMLA paperwork was mishandled, even though he received his full 12 weeks. Equally significant, courts found that discouraging leave requests creates liability. In Puris v. TikTok, Inc. (S.D.N.Y. 2025), a court held that warning an employee that taking leave would affect her compensation was sufficient to state an interference claim–even though she never formally requested leave.

The takeaway: Your FMLA obligations continue after you approve a request. Monitor how supervisors discuss leave. In Clark v. Geisinger Health System (M.D. Pa. 2025), negative comments about an employee’s FMLA use alone were sufficient to survive summary judgment.

Retaliation Claims: Timing of Termination Decisions Matters

Many 2025 retaliation cases involved employees taking FMLA leave shortly after being placed on performance improvement plans. Employers who documented that the termination decision was made before the leave requestgenerally prevailed. In Banks v. Market Source, Inc. (11th Cir. 2025), the Eleventh Circuit upheld summary judgment for the employer because the termination decision came weeks before the employee’s first FMLA request.

The opposite creates risk. In Hossain v. Boeing Co. (N.D. Tex. 2025), the court denied summary judgment where a supervisor paused an impending termination when the employee requested FMLA leave and then made sarcastic comments about the leave.

The takeaway: If you have documented performance concerns that predate a leave request, continue your process regardless of the FMLA request. If the process stalls or intensifies only after an FMLA request, courts, and perhaps a jury, will scrutinize your motives.

Serious Health Condition and Notice: The Bar for Triggering FMLA Is Lower Than You Think

Courts in 2025 reiterated that employees need not mention the FMLA or know they may be eligible to trigger your obligations. In Rolison v. Edgewood Co., Inc. (E.D. Pa. 2025), an employee injured at work never explicitly requested FMLA leave, but the court found a factual dispute over whether he provided enough information to put the employer on notice that FMLA might apply. The employer’s failure to designate the leave was problematic.

Courts also rejected weak notice from employees. In Lohmeier v. Gottlieb Memorial Hospital (7th Cir. 2025), an application that failed to identify the employee’s condition or anticipated return date was insufficient to obligate the employer to act. Mental health conditions–including anxiety, depression, and PTSD–featured prominently in 2025 cases, though courts required fact-specific evidence. Employees who could not demonstrate ongoing medical care during the relevant period often failed to establish FMLA protection.

The takeaway: Train your managers and HR staff to recognize potential FMLA situations, not just formal requests. When an employee conveys information suggesting a medical condition affects their work or attendance, your notification obligations might be starting earlier than you think.

Reinstatement and Equivalent Position: The Scope of ‘Equivalent’ Is Narrow

A recurring 2025 issue was whether employers returned employees to an “equivalent” position after FMLA leave. In Bunnell v. William Beaumont Hospital (6th Cir. 2025), a hospital employee took postpartum FMLA leave during pandemic-era workforce reductions. When a manager at a sister facility asked her supervisor whether she was “still available” for a full-time opening, the supervisor disclosed only that she had “went from layoff to Medical Leave,” never revealing she had been cleared to return that day and never informing the employee of the opportunity. The Sixth Circuit held that a reasonable juror could find that omission constituted an adverse action tied to protected leave, emphasizing that retaliatory animus is not required for interference liability. Using FMLA leave as a negative factor in any employment decision—including placement in available roles—is prohibited.

By contrast, in Givens v. Massachusetts Institute of Technology (D. Mass. 2025), the court granted summary judgment for the employer where a supervisor who took FMLA leave returned to the same position, same pay, and same benefits, even though a new management layer had been added above her during her absence. A reduction in supervisory authority alone, without a corresponding change in the terms and conditions of employment, was insufficient to establish an FMLA violation.

The takeaway: Before finalizing organizational changes that occur while an employee is on FMLA leave, including restructurings, role eliminations, and promotions, consult with counsel to document that such decisions were made for reasons unrelated to the leave.

Action Steps for Employers

The 2025 cases point to several priorities for your FMLA compliance program:

• Document early and often. Performance concerns and disciplinary decisions should be documented before any FMLA activity. A well-documented record is often the difference between winning and losing at summary judgment.
• Train your supervisors. Many cases turned on a manager’s offhand comment about an employee’s leave. Supervisors must understand they cannot express frustration about FMLA use or suggest that leave is unwelcome.
• Review your call-in and certification procedures. Verify that your policies accommodate “unusual circumstances.” Courts scrutinized whether rigid call-in requirements unlawfully penalized employees who could not strictly comply due to a medical emergency.
• Respond to designation obligations promptly. When an absence may qualify for FMLA, you have five business days to notify the employee of their eligibility. Failure to meet this deadline supported interference claims in 2025.

If you have questions about your FMLA policies or practices, or if you are facing a specific situation involving employee leave, please feel free to reach out to any member of our team for guidance.