• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

When tracking FMLA abuse, use surveillance cautiously

by on
in FMLA Guidelines,HR Management,Human Resources

Before you decide to videotape someone whom you suspect may be abusing FMLA leave, make sure you have a good-faith reason to do so. And be prepared to show that surveillance is a common practice for similar suspicions.

Recent case: Paul Casseus has sickle cell anemia, which sometimes causes seeping sores on his legs that create a strong odor. He took FMLA leave to tend to the wounds twice. The two leaves occurred four years apart.

The second time, HR suspected he was abusing leave and ordered surveillance. He was fired when the video showed him walking for a few minutes while using a cane and driving his car.

He sued for FMLA interference. The court ordered a trial, saying it was not clear the employer acted in good faith when it ordered surveillance. (Casseus v. Verizon, No. 08-CV-4119, ED NY, 2010)

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/12251/when-tracking-fmla-abuse-use-surveillance-cautiously "

Leave a Comment