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Deviation, Documentation, and the Door: When Honest Belief Meets FMLA Misuse

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W

hen employees stretch their FMLA leave beyond what’s certified, courts look closely at how employers respond. A recent case shows how solid documentation and a clear-eyed review of the facts can support a defensible terminati

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L;DR: An employee claimed FMLA interference and retaliation (plus a bunch of other discrimination claims) after being fired for allegedly misusing leave meant to take his wife to IVF appointments. He insisted it also covered prepping her injections and dropping them off at work. The court wasn’t buying it. The employer documented well, followed its policy, relied on an honest belief that the employee was

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