News & Analysis as of September 19, 2024

FMLA Abuse

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

When Employee’s Trip to the Beach May NOT Support A Suspicion of FMLA Fraud

BCLP on 8/7/2019

Employers are not obligated to tolerate employee misuse of FMLA leave. Examples abound in which an employer learns – often through an employee’s social media posts or through information from an employee’s co-workers – that...more

Honesty Is The Best Policy: An Employer’s Guide To Combatting FMLA Fraud And Abuse

Fisher Phillips on 7/9/2019

It is officially summertime. And with warm temperatures and the draw of fun in the sun comes one of the largest challenges for leave and absence managers: Family and Medical Leave Act (FMLA) fraud and abuse. Unfortunately,...more

When Taking a Mexican Vacation During Your FMLA Leave is Not Grounds for Termination

Hinshaw & Culbertson LLP on 6/12/2019

A recent decision issued by the Massachusetts Supreme Judicial Court offers up a good reminder that what employers may consider FMLA abuse may not in fact be FMLA abuse under the law. That's exactly the scenario that played...more

'Honest Belief' of FMLA Misuse May Defeat Claims

Troutman Pepper on 11/2/2017

The Third Circuit Court of Appeals (which covers Pennsylvania) recently handed a victory to employers that struggle with employees who misuse Family and Medical Leave Act (FMLA) leave — particularly intermittent FMLA leave. ...more

At last! Not One, But TWO Court Decisions That Scale Back an Employee's Right to Take Additional Leave After FMLA is Exhausted

Franczek P.C. on 10/26/2017

There may not be an issue more difficult in HR land than how to deal with an employee who cannot return to work after FMLA leave expires. Is additional leave beyond 12 weeks required? The answer is almost always ‘yes.’ ...more

Third Circuit Upholds Termination of Employee Based on DUI During FMLA Leave

Parker Poe Adams & Bernstein LLP on 2/24/2017

Employers sometimes receive information about employees on medical leave that makes them question the legitimacy of the leave request. For example, an employee who is approved for Family and Medical Leave to care for a sick...more

Third Circuit Says “Last Call” for Employee Terminated After Caught Drinking While on FMLA “Bed Rest”

Jackson Lewis P.C. on 2/6/2017

On January 31, 2017, the United States Court of Appeals for the Third Circuit joined the Seventh, Eighth and Tenth Circuits in holding that an employer’s honest belief that its employee was misusing FMLA leave is enough to...more

Third Circuit adopts the “honest belief” defense to FMLA retaliation claims and confirms that FMLA leave requests can double as...

Tucker Arensberg, P.C. on 2/6/2017

The Third Circuit’s recent decision in Capps v. Mondelez Global, LLC is a mixed bag for employers. The good news is that it establishes that an employer’s honest belief that its employee misused FMLA leave can defeat a...more

Employee’s Facebook Fumble Dooms Her FMLA Claims

Foley & Lardner LLP on 2/19/2013

As we have previously mentioned, an employer’s use of social media content has its risks and legal limitations. However, under certain circumstances, an employee’s social media activity may prove relevant to and warrant...more

FMLA Does Not Prohibit Termination Of Employee Who Abuses Leave Or Engages In Misconduct During Leave, Third Circuit Holds

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/16/2012

In Warwas v. City of Plainfield, No. 11-1736, 2012 U.S. App. LEXIS 15324, (3rd Cir. July 25, 2012), an employee terminated while on FMLA leave sued for interference with her FMLA rights. The employer asserted it terminated...more

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