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  1. #1
    Join Date
    Jun 2017
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    1

    Default Can FMLA Approval Be Rescinded After That FMLA Leave Has Been Taken

    My question involves labor and employment law for the state of: Wisconsin

    I have been in treatment for depression and anxiety for a year. My husband died, I lost my home as a result, I lost my job, and my mother died in the space of a few short months. My therapist recommended that I with all of my adult children spend a week together away from home to facilitate healing and connection to improve both my mental state and that of my children.

    My son requested FMLA leave for this purpose. His employer provided him with a form which the therapist completed. She also provided a letter stating her reasons for believing it was in the best interest of her patient (myself) to have my children present. All requirements were fulfilled, and the HR dept approved FMLA leave for that week. We went out of state to a rental house on a beach. The week was spent together with a great deal of conversation about family matters and things that impacted our mental health.

    Upon my son's return to work, he was called into the office and told that he deceived them. They said they saw pictures on Facebook of us swimming in a pool and walking on the beach and that this was not FMLA. They rescinded the FMLA and gave my son a 3-day suspension without pay, almost fired him. My son was devastated. He is very honest. I saw the forms that were submitted. He was very honest about his intent for the FMLA. Is there any recourse that he might have in this situation? It was very unfair to approve and then rescind the FMLA after the leave had been taken!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Can FMLA Approval Be Rescinded After That FMLA Leave Has Been Taken

    The employer has apparently concluded that your son submitted a fraudulent application for the FMLA leave. We cannot evaluate whether or not they are correct without having the opportunity to review exactly what he claimed on his paperwork and having more information about the situation -- such as whether you met all of the requirements (as outlined here) for an adult child to qualify for FMLA leave based upon your incapacity and treatment.

  3. #3
    Join Date
    Oct 2006
    Posts
    15,935

    Default Re: Can FMLA Approval Be Rescinded After That FMLA Leave Has Been Taken

    Quote Quoting Mr. Knowitall
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    The employer has apparently concluded that your son submitted a fraudulent application for the FMLA leave. We cannot evaluate whether or not they are correct without having the opportunity to review exactly what he claimed on his paperwork and having more information about the situation -- such as whether you met all of the requirements (as outlined here) for an adult child to qualify for FMLA leave based upon your incapacity and treatment.
    I agree. His employer clearly thought that he used FMLA for a vacation rather than a valid family medical issue. We cannot see the paperwork so we cannot evaluate whether or not they were reasonable in their assumption.

    It was however, pretty darned foolish to post anything on facebook in that situation.

  4. #4
    Join Date
    Oct 2014
    Posts
    7,626

    Default Re: Can FMLA Approval Be Rescinded After That FMLA Leave Has Been Taken

    FMLA leave is not supposed to be used for vacation. Posting things to social media that his employer could see that makes it look like a vacation was not a good idea. I agree that we are not in a position to determine if FMLA leave was properly taken here. But even if it was good FMLA leave, apparently the employer now believes your son wasn't entitled to it and believes he lied to them. I don’t see any obvious easy fix for this.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can FMLA Approval Be Rescinded After That FMLA Leave Has Been Taken

    And to add one more voice to the chorus, Sonny will likely need to watch his back from here on out; employers who feel they cannot trust their employees tend to rid themselves of said employees pretty quickly.

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