The Family and Medical Leave Act (FMLA) provides critical job-protected leave for employees facing serious health conditions or family needs. However, the protections of the FMLA are not absolute, and employees may find themselves without its shield when an employer honestly believes they have engaged in FMLA fraud.

A recent case from the U.S. Court of Appeals for the Sixth Circuit offers a cautionary tale for both employers and employees about the consequences of FMLA fraud and the importance of maintaining integrity in the administration of leave.

• The U.S. Court of Appeals for the Sixth Circuit has ruled that an employee on FMLA leave may be discharged based on the employer’s honest belief that the employee has lied about the need for such leave.
• The FMLA protects eligible employees from retaliation or interference when taking qualified leave, but it does not insulate employees from discipline for fraudulent or dishonest conduct.
• Employers may investigate suspected FMLA abuse, and, if fraud is substantiated, take appropriate action.

In Porter v. Jackson Township Highway Department, an employee had a manual-labor job using power tools and sledgehammers to dig ditches and dig up pavement. He requested and was granted FMLA leave for a shoulder injury that ostensibly prevented him from doing his job. However, the employer became suspicious of the employee’s activities during the leave period and hired a private investigator to conduct surveillance. The investigator...

Read Full Story: https://news.google.com/rss/articles/CBMiqgFBVV95cUxQQ1RsWGJuVTdQUGRJSFBDTnlJ...