How Much FMLA Leave Is Too Much?

Leave Management

Career / Leave Management 155 Views 0

Bar none, the Family and Medical Leave Act (FMLA) is the hardest employment law to administer for employers and the easiest to abuse by employees. That double whammy often results in frustrated employers making rash decisions, which, of course, lead to lawsuits. And so goes the following case, in which the employer gave the employee more than the required amount of FMLA leave and then terminated him for taking several vacations during his time off.

FMLA abuse

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Textbook FMLA Leave

“Chris” worked as the activities director for Accentia, a long-term-care nursing facility, from 2004 until he was fired in 2015. His duties included keeping up with resident charting and care plans, providing calendars for programs and events, organizing volunteer programs, planning parties, arranging entertainment activities for the residents, and generally overseeing his staff to ensure that various programs were carried out.

His job involved substantial desk work and planning, but his duties also included regular physical tasks, such as unloading vehicles, decorating for parties, shopping for supplies, and traveling around the community for outreach programs.

During the last 2 years of his employment, Chris also organized and participated in resident outings, which involved traveling around the community with residents, helping

Read from Leave Management, Policy, and Compliance – HR Daily Advisor