03/20/2024

Employee Vacations & FMLA Leave

Know what to do in this situation

HR Question: I currently have an employee who is out on FMLA leave due to their own serious injury.  Multiple employees have come to me sharing the employee’s Facebook post where she is sitting on the beach – clearly on vacation. The employees are upset and demand that she be fired. Can my employee take a vacation while they’re on FMLA leave?  What rights do I have to discipline (or terminate) this employee who I allowed off for her injury – not a two-week vacation?

HR Answer: Social media can create a myriad of difficult and awkward situations for the workplace, often when it relates to FMLA leave. If employees are friends on Facebook or Instagram, and they see their “recovering” coworker on vacation while they are left “covering” the employee’s workload, it’s easy to see how frustration may set in. As a result, employee trust and morale may fall while you try to determine what – if any – action can be taken.

FMLA Requirements

The Family Medical Leave Act (FMLA) entitles eligible employees to take up to 12 weeks of leave during a 12-month period due to a serious health condition rendering the employee unable to perform the functions of their position. What is important to note in this situation, however, is that the regulation does not limit the activities of the employee while they are out on leave. The only requirement is that they stay within the restrictions stated by their physician for the leave and to fulfill the requirements of the company leave policy (documentation, communication, etc.). So, what is an employer supposed to do in this circumstance?

Please select this link to read the complete article from Clark Schaefer Strategic HR.