When an employee needs to take leave under the Family and Medical Leave Act (“FMLA”), the fear of whether an employer will punish that choice is very real. In Patricia Haran v. Orange Business Services, Inc., 2025 WL 3275122, the United States Court of Appeals for the Second Circuit examined whether criticism, heightened scrutiny, and termination following serious family health issues amounted to FMLA interference or retaliation. Although the Second Circuit Court of Appeals ultimately ruled in favor of the employer, the decision shows exactly how courts analyze these cases and what workers can do to protect themselves under employment law when facing potential discrimination, wrongful termination, or being wrongfully fired.
The story reveals how FMLA protections work in real life. It also underscores how critical it is for employees to understand their rights early and speak with an attorney before their situation becomes impossible to untangle.
How Do I Know If FMLA Leave Is Putting My Job At Risk?
Haran worked as a Senior Account Manager responsible for large corporate accounts. After several successful years, she took responsibility for U.S. headquartered “A-end” accounts in 2020, including Pfizer. By mid-2020, her supervisor, Adam Kimmick, identified concerns with her strategy, communications, and projected revenue. Still, he rated her “fully successful” for the first half of the year.
In October 2020, Haran’s daughter was diagnosed with a possible femur tumor that required surgery. Haran told Kimmick and asked to take a few days off. He encouraged her to take whatever time she needed. Over the next three months, Haran took seven and a half days off, all approved, using paid time off rather than formal FMLA leave.
At the same time, however, scrutiny at work intensified. Kimmick checked more frequently on her work, especially regarding the Pfizer account. A coworker warned her that the account could be reassigned if she could not participate in upcoming discussions. Haran said she felt pressured, and she believed this caused her to take less leave than she needed.
The issue before the Court was whether this amounted to interference through discouragement. The regulations state that interference includes “discouraging an employee from using such leave.” Yet the Court held that “criticizing, even berating an employee’s substantive job performance is not enough to assert a claim for FMLA interference under a discouragement theory.” The evidence showed that Haran’s supervisor never tied performance critiques to her absences. He approved every request and even advised her to take the time she needed.
For an employee, the lesson is clear: feelings of pressure alone are not enough. Courts look for objective evidence connecting the leave to the criticism. That is why documenting conversations and preserving emails is essential when the work environment shifts after medically necessary absences.
Best Medical Leave from Work Attorney Blogs on Point:
- Employers Cannot Fire Employees For Failing Timely Call Off If Due To Disability Or FMLA
- When Do I Have To Notify My Job Of My FMLA Request?
- Can Employers Require Medical Documentation for Each FMLA Absence?
Is It Interference If My Employer Never Gave Me FMLA Notices?
Haran also argued that the company interfered with her rights by failing to provide required FMLA notices when it learned about her daughter’s medical condition. Employers must give eligibility and rights notices once they learn an employee may need FMLA leave.
But the Court focused on a crucial requirement: prejudice. The FMLA places on employees “the burden of proving a real impairment of their rights and resulting prejudice.” The Court held that an employee cannot sue for a notice violation “if that failure in no way affected the employee’s leave, benefits, or reinstatement.”
Haran had received FMLA materials when she joined the company. More importantly, she took all the days she requested and was paid for them. She did not claim she would have taken more leave had she been reminded of her rights.
In fact, the most damaging evidence came from her own February 24, 2021 message to a coworker, in which she wrote that she “should have taken family medical leave off but did not want to let the company down.” This is exactly where having an experienced employment lawyer would have made a major difference. Without that message, an employee in her position could have argued that because the employer did not provide updated notice, she did not understand her options and may have taken additional time off during a highly stressful medical crisis for her daughter. She might have argued that more time away would have prevented the work issues that developed under the strain of that situation.
A knowledgeable FMLA attorney would also have explained that if the daughter’s diagnosis caused Haran to experience her own anxiety, trauma, or health effects, she could have seen her own doctor and potentially qualified for leave based on her own medical condition. That is an important option that many workers do not realize they have. However, Haran’s message demonstrated that she knew she could have taken family medical leave and voluntarily chose not to exercise her rights. The Court was not going to hold the employer responsible for an employee choosing not to use leave she knew was available.
Best FMLA Interference Lawyer Blogs on Point:
- What Is FMLA Interference And How Do I Prove It?
- What Notice Does My Employer Have To Give Me Regarding My FMLA Rights?
- Medical Leave: Can I Get More Under ADA After FMLA Expires?
Did My Firing After Medical Leave Count As Illegal Retaliation?
On February 12, 2021, Haran took a day of paid time off to take her mother, who had macular degeneration, to a doctor. On February 24, 2021, she was terminated. Human resources first stated the reason was failure to meet her 2020 quota, but Kimmick clarified it was because she was not expected to meet her 2021 quota.
The Court analyzed the claim using the burden-shifting framework. Even assuming that Haran exercised FMLA rights, she still needed to show that the employer’s stated reason was pretext. The Court found no evidence supporting pretext because concerns about her performance started before her daughter’s illness, let alone her leave. As the opinion stressed, “temporal proximity alone is insufficient to defeat summary judgment at the pretext stage.”
Most of Haran’s leave occurred months before her termination, and concerns about her pipeline dated back to July 2020. The Court pointed out that the same issues noted before the leave were the ones used to justify the termination. For employees, this highlights why detailed documentation of shifting explanations, negative comments tied to leave, and inconsistent evaluations is critical.
Best FMLA Retaliation Law Firm Blogs on Point:
- Can My Job Deny Reinstatement After FMLA Leave?
- Can I Be Fired During FMLA Leave For A Reduction In Force?
- When FMLA Ends, Employees Must Report Or Extend
Practical Tips For Employees Facing FMLA Problems
Employees should document leave requests, performance reviews, meetings, and comments from supervisors. Keep copies of emails, chat messages, and internal notes. These details help an attorney see how your experience compares to the standards the Second Circuit Court of Appeals applied in Haran’s case.
Employees should also consult an experienced employment law attorney early. Understanding your rights from the beginning can prevent missteps and help you challenge an employer that crosses the line. Staying informed and speaking with a knowledgeable lawyer places you in the strongest position to safeguard your job and your family.
Best Wrongful Termination Attorney Blogs on Point:
- Yes, You Can Be Fired For Getting Busted Doing Manual Labor While On FMLA For Being “Completely Disabled”
- Can You Win An FMLA Claim If Your Leave Request Is Made After You Quit?
- Wrongfully Fired For FMLA Use Or ADA Violation? You Have Rights
How Do I Choose The Best Employment Lawyer For An FMLA Case?
When medical crises arise, choosing the right advocate matters. Spitz, The Employee’s Law Firm focuses its practice entirely on standing up for workers against employers that violate FMLA rights or engage in discrimination, interference, retaliation, or wrongful termination. As one of the largest firms in the country dedicated to employee rights, Spitz has the resources, staffing, and trial experience needed to dig deeply into records like the one in Haran’s case.
Spitz offers a free initial consultation and a no fee guarantee. The firm has a strong history of courtroom success, which signals to employers that it will not back down when employees need protection. Just as important, Spitz approaches every client with empathy. Family health emergencies are overwhelming, and workers facing those challenges deserve a team that understands how personal these situations are. If you believe you were discouraged from using medical leave, faced retaliation, or were wrongfully fired, reach out to Spitz today to protect your job and your future.
Employment Lawyer Disclaimer
This employee’s tights attorney blog provides general legal information about employee rights, FMLA, medical leave, interference, retaliation, discouragement, workplace discrimination, and related employment law issues. It is not legal advice re; your FMLA or employment situation. Wrongfully fired employees should consult with a qualified employment lawyer or attorney for advice regarding their specific facts, including whether they have experienced wrongful termination or were wrongfully fired by an employer. No promises are being made. This blog is a legal advertisement.