Q: This week, one of our employees professed her love to one of her co-workers (who is married) and announced to everyone that they had been dating.
In a recent decision of the U.S. Court of Appeals, the Ninth Circuit Court in California held that an employee can affirmatively decline to use leave under the Family Medical Leave Act (“FMLA”).
The Sixth Circuit Court of Appeals has reversed a district court finding of summary judgment in the employer’s favor in Demyanovich v. Cadon Plating & Coatings et al., concluding that Cadon Plating may be a covered employer under the FMLA based on its relationship with an affiliated company and that its termination of an employee almost immediately after he requested FMLA leave may have violated both the FMLA and ADA.
Sometimes, you can actually take an employee at her word. Even if she later claims she didn’t mean it. This happened in the case of Escriba v. Foster Poultry Farms, Inc., where the employee requested two weeks off to care for her father in Guatemala – a reason that would have been covered under the Family and Medical Leave Act, except that the employee said that she didn’t want FMLA leave.
Do you have that employee who takes intermittent Family Medical Leave Act (FMLA) leave and is usually out on Mondays and Fridays? Is it possible for employers to verify FMLA abuse and prevent it? Although FMLA leave is highly protected by a complicated statutory and regulatory scheme, there are ways for employers to handle FMLA misuse and fraud without violating the employee’s rights.