Airline Employee’s Fraudulent FMLA Request Ensures His Claim Never Gets Off the Ground

By R. Holt Hedrick, Barnes & Thornburg LLP

If I had to guess, there is probably no statute that brings more frustration or gives employers more fits than the Family and Medical Leave Act (FMLA) – with intermittent leave occupying a special pedestal in this pantheon of exasperation. What to do about the employee who seems to always need FMLA right before or after a planned vacation or a three-day weekend? Admittedly, sometimes there’s nothing that can be done. However, in a recent Fourth Circuit opinion, the court saw through Plaintiff’s request for FMLA leave for his one scheduled shift during his 20-day globetrotting vacation, upholding his discharge for FMLA abuse.

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