was not caring for her sick son, as she claimed to her employer. Her activities included coffee runs, shopping, going to the gym and taking her other child to school.
Upon learning this, the company fired VanHook for FMLA abuse. She then sued for a violation of her FMLA rights.
Solution
Shockingly, VanHook didn’t deny the FMLA abuse. Instead, she claimed the employer had no right to surveil her since it had no cause. The 3rd Circuit quickly rejected her claims, stating, “nothing in the FMLA prevents employers from monitoring employees’ activities while on FMLA leave to ensure they do not abuse their leave.”
The court also added that the employer did have reasonable suspicion to begin monitoring VanHook’s activities, due to the information from her co-workers.
The good news for employers is you can take action and hire a P.I. if you suspect an employee is abusing FMLA leave. However, it’s important to give employees a chance to explain before firing them. Sometimes activities that don’t look FMLA-related turn out to be.
Information provided by HR Morning
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