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The Family Medical Leave Act (FMLA) protects employees from losing their jobs if they have to take time off for certain qualifying reasons such as their own serious health condition or that of a family member’s. It may sound simple—but it’s not.
Recently, there has been an excess of FMLA-related lawsuits. Along with this jump also comes an increased number of FMLA leave requests that are most likely the result of more public awareness of the law. Although family and medical leave remains one of HR’s biggest challenges, the regulations and recent court rulings provide paths for fighting back against the abuse.
For example, a recent decision by the Fourth Circuit confirmed that if an employer investigated and discovered FMLA fraud by an employee, they could lawfully terminate them. In another case, the Sixth Circuit confirmed that an employer could lawfully terminate an employee who had pictures on social media revealing she was not using FMLA for permissible purposes.
Employers must comply with their obligations under the FMLA while vigilantly remaining alert to potential FMLA abuse. Walking the compliance tripwire raises many questions, such as:
Learn more with this on-demand webinar, when attorney John S. Gannon offers practical advice on what measures you can take to identify FMLA fraud, discourage it from happening, or put a stop to it if it does happen.
Here’s what we’ll cover:
John S. Gannon, Esq.
Skoler, Abbott & Presser, P.C.
John S. Gannon is an associate with Skoler, Abbott & Presser, P.C., and practices in the firm’s Springfield, Massachusetts office. John regularly defends employers against claims of discrimination, retaliation, harassment, and wrongful termination, as well as actions arising under the Family Medical Leave Act (FMLA) and wage & hour law. He also has experience with lawsuits seeking to enforce restrictive covenants and protect trade secrets. John frequently assists employers in litigation avoidance strategies. He has reviewed numerous employee handbooks and related polices for compliance, as well as employment and non-compete agreements. He has also conducted comprehensive wage & hour and employment practices audits. He will regularly counsel employers on compliance with state and federal laws, including the Americans with Disabilities Act, Fair Labor Standards Act, and Occupational Health and Safety Act. John is a regular contributor to business publications and to the Massachusetts Employment Law Letter. He also is a frequent speaker on employment-related legal topics for a wide variety of associations and organizations, including appearances on Western Mass News and the Massachusetts Lawyers Weekly podcast sessions.