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Home / Legal News / You can (sometimes) use social media as proof of FMLA abuse in court (INFOGRAPHIC)

You can (sometimes) use social media as proof of FMLA abuse in court (INFOGRAPHIC)

A Facebook photo surfaces showing that an employee who’s using leave under the Family and Medical Leave Act is relaxing at the beach. The photo can be used as proof of FMLA abuse in court — depending on the circumstances.

James Venable, vice president of employment law and compliance at ReedGroup, said employers can use an honest belief defense to support firing an employee for alleged FMLA abuse. The honest belief defense is the employer’s honest or reasonable belief that an employee is engaging in fraudulent use of FMLA, giving the employer sufficient cause to take disciplinary action against the employee.

This infographic details the documentation an employer needs to uphold an honest belief defense, along with FMLA requirements and three recent court rulings on FMLA abuse.

Click images below for full resolution

About Michaela Paukner, [email protected]

Michaela Paukner is the legal reporter for the Wisconsin Law Journal. She can be reached at (414) 225-1825 or by email at [email protected]

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