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Wrong about FMLA abuse? Your honest belief counts

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in FMLA Guidelines,Human Resources

The 3rd Circuit Court of Appeals, which covers Pennsylvania, recently handed a victory to employers that struggle with employees who misuse FMLA leave—particularly intermittent FMLA leave.

The court held that an employer’s honest belief that its employee misused FMLA leave was sufficient to defeat an FMLA retaliation claim, even if the employer was mistaken. (Capps v. Mondelez Global, 3rd Cir., 2017)

Mondelez Global, an international food manufacturer, has an FMLA policy that states, “submission of false information to the Company regarding the need for FMLA leave, or the fraudulent use of FMLA leave, may result in discipline, up to and including termination.”

The company’s policy titled “Dishonest Acts on the Part of Employees” states, “The Company will not tolerate dishonesty on the part of its employees ... any employee found guilty of a dishonest act would be subject to dismissal.”

FMLA dishonesty d...(register to read more)

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{ 1 comment… read it below or add one }

Leslie November 6, 2017 at 12:49 pm

Fraser

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