Theallows employees to take up to 12 weeks of unpaid leave to care for a parent with a serious health condition. But it’s not unheard of for employees to take advantage of the FMLA by getting time off, but then not spend it caring for mom or dad.
If you learn that your employee is cheating the system, feel free to discipline him.
Recent case: David was fired from his job after he was frequently absent from work during his father’s terminal illness.
His father had terminal cancer, and David said he needed to provide both physical and emotional care. He was grantedto take his father to doctor’s appointments. But then he simply went absent without any explanation, which resulted in his discharge.
He sued, alleging interference with his.
But it turned out that during some of David’s absences, his father wasn’t even in town. It seems his dad had a long list of things he wanted to do before he died and took frequent trips. Plus, although he was terminally ill, he could care for himself until the very end.
The court dismissed David’s case, concluding that he couldn’t show he actually was eligible for FMLA leave during the absences. His father might have been seriously ill, but he seldom needed care. (Miller v. Department of Economic Development, No. 11-2551, 8th Cir., 2012)
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/31493/suspect-relatives-illness-is-used-to-game-fmla-if-true-youre-free-to-discipline-or-terminate "
- Recession ripening the office grapevine? 3 communication tips to keep employees on track
- Are you ill prepared? 13 steps to stay ahead of the H1N1 virus
- Counting paid time off as FMLA leave? Tell worker you're running them concurrently
- School's out for summer! But the FMLA doesn't cover day care
- Congress passes new law expanding family medical military leave