All companies want to prevent FMLA abuse. But how far do the courts let them go?

Read the facts of this real-life case and decide: Who won?

The facts:

An employee took FMLA after his doctor told him he couldn’t work. While he was on leave, the company got anonymous tips from two people, presumably co-workers, that the man was working another job during his time off. When the employer asked, he admitted that he had in fact been working — which violated a company policy against moonlighting during leaves of absence. The company fired him for FMLA abuse, and he sued.

The employer said:

The employee was fired because he broke company policy.

Who won the case?

Answer: The employer.

Why: Moonlighting during leave does not violate the FMLA. Nor does it mean that the employee didn’t need time off — people may be unable to work one job, but perfectly able to work another.

However, companies can still establish their own policies regarding what employees can do when they take a leave of absence. In this case, the rules were clear, and the employee broke them. Therefore, his termination was justified.

Cite: Davis v. Subaru of Indiana Automotive, Inc.

Tags: FMLA leave abuse, moonlighting