Compliance Stuff

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. Quick Hits 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 ab...

  How'd that happen? An employer who terminated an employee after he took intermittent FMLA leave for diabetes  won its case , and  recently won again on appeal . According to both courts, the employee appeared to be trying to play it both ways with his FMLA leave. Even if the employer was wrong about that, the courts said, the employer's honest belief defeated the plaintiff’s interference and retaliation claims under the Family and Medical Leave Act. Here’s what happened: Michael Shipton worked for Baltimore (Maryland) Gas & Electric as an underground gas mechanic. He also had a Commercial Drivers License. That CDL will be important later. Mr. Shipton has Type 2 diabetes. In August 2017 , he submitted an FMLA medical certification completed by a physician’s assistant stating that he would need intermittent leave for what sounds like very severe hypoglycemic episodes . The physician’s assistant said that Mr. Shipton “is an uncontrolled diabetic with very fluctuant bl...