Comments on: He used FMLA leave to build a porch — Was that legal?

By: Robin C

Robin C — Wed, 04 Feb 2009 18:37:10 +0000

He was medically relieved of work duty as required for FMLA. End of story. Re-wording the statue would have to include phrases such as “verified bed rest”, “documented inactivity” in order to constitute that he did NOTHING but rest while on FMLA. How difficult has it just become now?

By: Liz H

Liz H — Sun, 01 Feb 2009 20:29:09 +0000

Something I’d like to know is how many hours per day or week he worked on the porch. A project like that, he can work an hour or two, then rest a few hours or the rest of the day. Seeing him do something on his time off may only indicate that he hates inactivity.

I’ve been medically disabled for 20 years. Most weeks, I can handle a few hours of work – sometimes more, sometimes less. I’m talking about housework, paying bills, filing insurance, etc. I still don’t keep on top of things at home as much as I’d like. But if you evaluated my fitness based on what I can accomplish on one given afternoon, you’d be way off. You could either assume I was totally bedridden and in need of a caregiver, or fully competent to do full-time office work. Either assumption would be totally wrong. Of all the financial, social and psychological adjustments I’ve had to make, the enforced rest has been the toughest.

By: Steve Hart

Steve Hart — Wed, 29 Oct 2008 21:22:10 +0000

This is just another situation that indicates major reform is needed in the FMLA language and intent.
Unfortunately you cannot legislate common sense and in this case, whoever the judge was, needs to be checked out for a concussion or serious brain damage

By: Margo

Margo — Fri, 08 Aug 2008 14:00:08 +0000

Maybe the Doctor’s prescription was intended to prevent mental stress, building a porch is physicial work versus mental.

By: Rich Ferrell

Rich Ferrell — Thu, 07 Aug 2008 13:16:50 +0000

Did his doctor tell him not to go to work at his job, or not to go to work? Whether at your job or building a porch… it seems to me that he is performing work that could aggravate a concussion. I would suspect that his doctor had no idea he was building a porch. The key phrase here is that he “had been told by his doctor not to go to work”… building a porch is work.

By: D Bean

D Bean — Thu, 31 Jul 2008 19:42:16 +0000

Even an employee on workers compensation leave is still entitled to FMLA leave and these would run concurrently.

By: Bill Conklin

Bill Conklin — Thu, 31 Jul 2008 15:17:35 +0000

If the employee suffered a concussion at work his injury should have been covered thru the employer’s workmen’s compensation insurance.