Demand Letter
(FMLA Interference)

Summary

This FMLA Interference Demand Letter is for use when your client believes that their employer has interfered with their rights under the Family and Medical Leave Act (FMLA), 29 U.S.C.§ 2601 et. seq. There may be a state law equivalent to the FMLA in your state that provides your client with overlapping or additional rights; you should also address those laws in this letter. This template contains practical guidance, drafting notes, and alternate and optional clauses. For a full listing of key content covering leaves for employees, see Leaves for Employees Resource Kit. For a full listing of key content covering leaves for employees in California, see Leaves for Employees Resource Kit (CA). For more information on the FMLA generally, see FMLA Leave: Guidance for Employers and Employees — FMLA Employee Notice Requirements and Medical Certification Obligations, FMLA Interference and Retaliation Claims, FMLA Leave: Guidance for Employers and Employees — FMLA Leave: Employer Coverage, Employee Eligibility, and Qualifying Bases, FMLA Leave: Guidance for Employers and Employees — FMLA Employer Rights and Obligations, FMLA Leave: Guidance for Employers and Employees — FMLA Intermittent Leaves and Reduced Leave Schedules, FMLA Leave: Guidance for Employers and Employees, and ADA and FMLA Comparison Chart. For video guidance on FMLA Litigation, see FMLA Litigation: Key Employer Strategies Video. For information on state leave laws, see Attendance, Leaves, and Disabilities State Practice Notes Chart. For FMLA-related templates, see FMLA Leave Request Form, FMLA Medical Certification of Employee's Serious Health Condition, FMLA Medical Certification of Family Member's Serious Health Condition, FMLA Medical Certification for Serious Injury or Illness of a Current Servicemember for Military Caregiver Leave and FMLA Medical Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave.