Be sure, when taking time off from work under the Family & Medical Leave Act (FMLA), that your activities aren’t inconsistent with the medical conditions you claimed required time off from work. Employers are aggressive about monitoring social media and other information sources. You could be fired for what has become known as “FMLA abuse” if it appears the need for leave was bogus.

Here are some essential tips to help you stay out of trouble.

First, ask your physician to specifically document the activities that will help you recover. If your employer learns you were outdoors on a hike, you can provide documentation showing that active walking is part of your recovery. The recovery protocols for many surgeries actually do require the patient to be active. This speeds recovery. It can include walking, hiking, swimming, or light sports. Some mental health therapies call for frequent social interaction, too.

Second, if your employer has learned about certain activities you were engaged in, such as attending a concert, do not ignore the inquiry. Respond promptly and include medical documentation if appropriate. In a highly-publicized case, an employee on medical leave showed up in her company’s stadium suite for a Beyonce concert, and then ignored HR questions about the possible abuse of medical leave. She was fired, and the court upheld the termination as legitimate, in part because she failed to respond to questions about the leave.

Third, don’t invite trouble. Be cautious about your online presence and refrain from posting pictures, engaging in activities, or making public appearances that may be inconsistent with the need for your medical leave. In some cases, activities or statements made outside of work may inadvertently give the impression that the medical leave is being abused, potentially leading to further investigations or consequences. It’s best to limit your online presence during medical leave.

Questions? We can answer any questions you may have about your right to take medical leave and your rights while on such leave. Call 800-663-7999 for a free consultation.

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