The Friday, Monday Leave Act (FMLA): Leave Use and Abuse Frustrations

Almost weekly we have a client forward a screen shot of one of their employee’s Facebook page. The picture is usually of someone riding a roller coaster, eating something big and calorie-laden in a resort location, or enjoying a special family vacation moment. Under the screenshot the employer usually states something like: “This employee called in sick under their FMLA intermittent leave. What can I do?” Sometimes, the email is enhanced with a voice file attached where I get to hear a voicemail left by the employee, often with a slow and scratchy voice indicating to their supervisor, “I am sorry, but I am just too sick to come in today. (cough, hack, blown nose) If I feel better later, I will come in, otherwise, I’m sure I’ll be better tomorrow. I will use one of my FMLA days.”

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