FMLA doesn’t apply to workers who try to deceive you — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

FMLA doesn’t apply to workers who try to deceive you

by on
in Firing,FMLA Guidelines,Human Resources

If you discover that one of your employees has either misused or lied about his leave under the Family and Medical Leave Act (FMLA), 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 FMLA leave. 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.

Leave a Comment