If you discover that one of your employees has either misused or lied about his leave under theAct ( ), you're well within your rights to fire him. That's the message from a recent court decision.
The FMLA makes it illegal for employers to retaliate against workers who use their approved. But that protection won't extend to any fraudulent, criminal or simply dishonest acts in connection with employees' FMLA leave.
Recent case: In McDaneld v. Eastern Municipal Water Dist. Bd., a California court of appeals upheld the firing of a mechanic who played golf during his FMLA leave and then lied about it later.
His FMLA leave was approved to care for his sick father, but he spent much of the time golfing and fixing his lawn sprinkler, then lied about it when approached with this information.
- Have business justification for hiring rules that could cause disparate impact
- Court must weigh potential conflict of interest when employer decides not to pay benefits
- Inconsistent hiring sinks your defense
- Don't let a scheduling conflict prompt reservists' discipline, firing
- Negotiating return to work? Don't rush firing