News Flash: Dunkin Donuts Visits Not Protected by FMLA.
Since it became law in 1993, the Family and Medical Leave Act (“FMLA”) has given millions of workers job-protected leave to care for their own health and family members with serious health conditions.
But the law can be abused.
Case in point is VanHook v. Cooper Health System, decided last month by Judge Diamond in the federal district court of New Jersey. When supervisors at Cooper Health became suspicious about the excessive use of FMLA time by Marsha VanHook (500 hours of intermittent leave in one year), the hospital system hired a private investigator to track her on four days in February and March of 2018. The “exceedingly clear” video footage was damning and showed Ms. VanHook going to Dunkin Donuts, LA Fitness, Walmart, Target, grocery stores and other businesses on days that she took FMLA leave, allegedly to care for her disabled son. When Cooper representatives confronted Ms. VanHook with the tapes (good move, see prior item), she refused to watch the videos or explain her actions.
Cooper Health fired her for misuse of FMLA time, and Judge Diamond granted summary judgment for the employer, finding the videos to be “irrefutable evidence” of her wrongdoing.
Lessons for employers: Consider using a P.I. next time you suspect FMLA abuse.
Lessons for employees: If you are out on FMLA, have someone else handle the Dunkin run.