The Key Is a Complete and Exhaustive Investigation

By Jeff Nowak, JD

Co-chair, Labor & Employment Practice
Franczek Radelet P.C.

With increasing frequency, employers face situations in which one of their employees has been certified for and presently is on Family and Medical Leave Act (FMLA) leave. However, a co-worker has caught this person red-handed on social media seemingly engaged in behavior that is inconsistent with their need for FMLA leave. Perhaps it’s a Facebook post placing them at the local tavern or a Snapchat photo catching them at the beach with a cocktail in hand.

Take, for example, Rodney, who had a bum shoulder (his case is Jones v. Gulf Coast Health Care of Delaware, LLC). He took 12 weeks of FMLA leave for shoulder surgery and recovery, but he still was not able to return to work. For good measure, his doctor recommended one more month off work, and his employer happily obliged.

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