Legal Question in Medical Leave in Massachusetts
Leaving the state while out of work during a valid FMLA claim.
A fellow employee was suspended for leaving the state while out on FMLA. Specifically, while out of work under an approved FMLA reason (miscarriage), a fellow employee went to Florida for one week. The employee's manager found out about it while she was in florida. The employer called the employee at her house, stating it was very important she call him at work (she didn't). On two occassions, the manager went to her house or had another manager go to her house. In addition, the manager called a fellow employee who was staying at a hopsital because his wife just gave birth to their first child, and asked the fellow employee if he knew where the employee was in Florida. The question is whether an employer had a right to suspend the employee for the above stated reason?
1 Answer from Attorneys
Re: Leaving the state while out of work during a valid FMLA claim.
If an employee applies for FMLA leave and complies with the requirements of medical and/or personal verification, anything they do or anyplace they go while on FMLA leave is no one else's business, unless the employer is alleging fraud.
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