Employers with 50 or more employees are required to comply with the federal Family Medical Leave Act (FMLA). This law gives employees the right to take up to 12 weeks of unpaid, job-protected leave. Sample FMLA forms are available online at https://www.dol.gov/agencies/whd/fmla/forms.
As a business owner, it is important to ensure that employees are taking leave only for the reasons approved by their FMLA paperwork. If an employee misuses their FMLA leave, they can be fired.
In a recent case, a husband and wife both worked for the same company. The husband requested FMLA leave to drive his wife to medical appointments when she was unable to do so safely (because of the side effects of her medication). The company approved his FMLA request. However, the company noticed that the husband was often gone from work when his wife was still there and believed he was abusing his FMLA leave. The company confronted the employee, and he explained he was leaving work in order to mix medications for his wife's medical condition, which she would then take during her work breaks. Because he was leaving work for reasons not covered by his FMLA paperwork, the court held that the company was on solid legal ground to terminate his employment for unapproved absences.
Employer Takeaways:
- Stick to the scope. Ensure your employees are using their FMLA leave only for approved reasons.
- An honest belief is enough. If you reasonably believe your employee is abusing their FMLA leave, you can take appropriate disciplinary action against them.
For more information on how to protect your business when it comes to FMLA leave, reach out to our legal team! The HR attorneys at Employer-Lawyer are here to answer your questions and guide you to best practices to meet the needs of your business!
