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.
- You can suggest FMLA leave without triggering ADA liability
- Applicant suing for failure-to-hire? Make sure she really did apply for the job
- Can we terminate now an employee who we know can't return from FMLA leave?
- Firing after FMLA leave makes ADA request irrelevant
- Is return to work after workers' comp guaranteed?