Headaches Cause FMLA for Indiana Employee—and Visa Versa for the Employer

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Migraine headaches can be serious business—sometimes requiring FMLA leave. But what if you discover that your migraine-suffering employee used her FMLA time to cut lawns at her side job? An Indiana employer facing that situation recently handled that situation aggressively—and legally …

Case In Point: Diana Vail worked the third shift (11 p.m. to 7 a.m.) at an auto parts manufacturing plant. Vail sometimes suffered from migraine headaches that, she said, “crept on her with short notice.” When they’d occur, she’d call a supervisor and say she was taking FMLA leave.

The company knew that Vail’s husband owned a lawn-mowing business and that she worked for him on a part-time basis. The company also noted that her FMLA requests increased during the summer hours when her husband’s services were in peak demand.

So, the company hired an off-duty police officer to follow her. It suspected she was abusin...(register to read more)

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