Using FMLA leave to build a porch: Can that be legal? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Using FMLA leave to build a porch: Can that be legal?

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Have you ever approved FMLA leave for an employee but had a sneaking suspicion that the time off would be used for much more than bed rest? In this new ruling, the company actually videotaped a supposedly injured FMLA-leave taker building a porch on his house. But be careful not to pull out the “You’re Fired!” finger too quickly or you may find yourself in the center of an FMLA retaliation suit.

Case in Point: James Weimer worked on a Honda assembly line at an Ohio plant. One day, he suffered a concussion when a co-worker closed his head into the trunk of his car. The company doctor ordered him off work pending further exams by a specialist. Weimer ask for FMLA leave and received it.

Weimer was cleared to return to work on March 15 but actually came back the following day. Honda, acting on a tip, videotaped Weimer on March 15 building a front porch on his home. When he returned to work on March...(register to read more)

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{ 1 comment… read it below or add one }

porch building June 17, 2011 at 2:15 am

Well, for those who have time to build a new porch, then this can surely help


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