Tag Archives: Abuse of FMLA Leave

Employee Who Abused FMLA Leave Around the Holidays Properly Terminated

Employers often complain that they see an uptick in the use of sick leave and FMLA leave around the holidays.  In the case of Southwest Airlines, however, one employee clearly took FMLA misuse a bit too far. Douglas Rydalch was a reservation sales agent for Southwest.  When Southwest closed its reservation center in Salt Lake … Continue Reading

Will Employers Soon Use GPS to Catch FMLA Abuse?

Earlier this week, the folks at the Texas Employment Law Update highlighted a case before the U.S. Supreme Court in which the high court will consider whether law enforcement’s placement of a GPS devise on a suspect’s vehicle without a warrant constitutes an unlawful search in violation of the Fourth Amendment.  This case led the authors to wonder … Continue Reading

Employee's FMLA Claim Dismissed After Taking a Trip to Cancun

Employees should think twice before setting off on a Cancun vacation while out on FMLA leave.  In an FMLA decision that smacks of pure common sense, a federal court has upheld an employer’s reasonable work rules that restricted an employee’s travel outside the immediate vicinity while on FMLA leave.  Pellegrino v. CWA (pdf). The Facts Denise Pellegrino, a … Continue Reading

Play Ball! An FMLA Lineup That Keeps You in the Pennant Race

In this opening weekend of major league baseball, hope springs eternal for every baseball fan.  In honor of my beloved Chicago White Sox, I offer an FMLA lineup card below that from top to bottom will help employers stay atop the pennant race throughout the year.  [First, feel free to play the National Anthem if you so desire…] From … Continue Reading

An Employer's FMLA Nightmare? Hooters Offers Fake "Doctor's Notes" to Skip Work During NCAA Tourney

Over the upcoming weeks, when Carl the Custodian is missing from your workplace, you may want to give your local Hooters Restaurant a call.  He just might be there watching the NCAA tournament.  Hooters has unveiled a marvelous marketing ploy to get customers through their doors during the NCAA tournament — the Company is offering doctor’s … Continue Reading

Suffering from Super Bowl-Induced FMLA Leave?

This morning, the sound of the morning alarm was harsh reality for scores of employees throughout Wisconsin.  After celebrating a Packers Super Bowl victory late into the night (a bitter pill for this Bears fan to swallow!), they have no interest in dragging themselves out of bed and heading into work.  For employers, you need not be located … Continue Reading

Recertification - Podcast No. 17

Your employee has requested leave due to a serious health condition – either his or her own, or to care for a family member. You’ve sent out the notices, received a medical certification, and designated an employee’s leave as FMLA. However, as the weeks or months go by, you’re not so sure that the employee … Continue Reading
LexBlog