FMLA Interference Claim Fails Where the Employer Denied an Employee’s Remote Work Accommodation Request

Masse v. 21st Century Cyber Charter Sch., No. 25-5446, 2026 U.S. Dist. LEXIS 114943 (E.D. Pa. May 26, 2026).

Jennifer Masse (“Masse”), a former employee of 21st Century Cyber Charter School (“School”), brought suit against the School and the School Business Administrator (“Administrator”), alleging that they interfered with her rights under the Family and Medical Leave Act (“FMLA”) by denying her request to work remotely as an accommodation..

BACKGROUND

The FMLA interference claim arose when Masse requested an accommodation that would allow her to work remotely for three weeks while she attended an outpatient hospital treatment program. Through the program, Masse sought to treat the distress she experienced resulting from her post-traumatic stress disorder, pain, and depression. The requested accommodation would have allowed Masse to work remotely from 3:00 to 7:00 p.m. as the outpatient care ended at 2:30 p.m. and she could not afford to forgo her salary for three weeks.

However, the Administrator denied Masse’s remote work request, and she was unable to attend the treatment program. Masse filed suit, asserting claims for FMLA interference, FMLA retaliation, denial of due process, and violations of various anti-discrimination statutes. The School and the Administrator moved to dismiss the FMLA interference claim.

DISCUSSION

Ultimately, the court granted the motion to dismiss because a FMLA interference claim cannot be based on the denial of a remote work accommodation request.

The parties agreed that the FMLA guarantees eligible employees the right to leave, not the right to remote work. As a result, the interference claim cannot be based on the allegations that the school denied Masse’s accommodation. However, Masse argued that the interference claim arose when the Administrator responded to her request with hostility, which discouraged her from exercising her FMLA rights.

In considering this, the court acknowledged that an employee may successfully bring a FMLA interference claim by showing that their employer discouraged them from using the FMLA benefits to which they are entitled. However, Masse’s allegations failed to demonstrate how the Administrator exhibited hostility toward her with respect to her request. Instead, the allegations merely demonstrated a general pattern of hostility that spanned across the parties’ employment relationship. The court further reasoned that the Administrator’s lack of discussion after allegedly denying the accommodation request did not permit an inference of hostility because the FMLA did not guarantee Masse a right to remote work accommodations.

Therefore, the court dismissed the FMLA interference claim.

PRACTICAL ADVICE

While requests for remote work as a workplace accommodation have become increasingly common, the court’s decision in Masse clarifies that the FMLA does not guarantee employees the right to remote work and an employer’s denial of a request to work remotely does not automatically constitute FMLA interference. When an employee makes a FMLA request, School Districts should consult with their attorney early in the process to ensure compliance with the law.

For questions regarding FMLA compliance, remote work requests, or how to respond to employee leave and accommodation requests, please contact Ashley Puchalski at (412) 594-5509 or apuchalski@tuckerlaw.com.

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