Work Was “Killing Her,” But She Had No Problem Riding Her Lawn Mower

By Gail I. Cohen, Esq.

Director, Employment Law & Compliance
Matrix Absence Management

Employers are right to exercise caution when terminating employees for abusing leave. Snyder v. E. I. DuPont de Nemours, Inc. and Company gives employers an excellent roadmap for investigating suspected fraud under the Family and Medical Leave Act (FMLA).¹ Courts have recognized that doing so requires an employer to conduct a good-faith investigation to substantiate its honest belief that the employee is abusing FMLA leave.

In 19 years of working for DuPont, Ms. Snyder requested and was granted leave 20 times under the FMLA and/or short-term disability (STD). For what turned out to be her final leave, Ms. Snyder requested time for foot surgery and recovery. The medical certification from her treating provider indicated she could not bear weight for 10 weeks after surgery.

Full content is available to DMEC members only.

to view the complete resource.

If you are not a DMEC member, we encourage you to join. DMEC members have access to white papers, case studies, @Work magazine articles, free webinars, legislative updates, and much more. These resources will assist you in building an effective and compliant integrated absence management program, saving you time, resources, and money. Learn more.

If you are being asked to log in more than once, please refresh your browser.