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What happens when a company terminates someone for FMLA fraud when they weren’t actually misusing it?

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Oh, I thought you knew.

Ok, fine. I’ll answer my own question.

Let’s look at a recent opinion from the Fourth Circuit Court of Appeals. It involves an employee with diabetes who took leave under the Family and Medical Leave Act a few times.

In August 2017, he returned a medical certification and was approved for intermittent FMLA leave for episodes of hypoglycemia. In January 2018, he submitted a nearly identical certification and was approved for continued FMLA leave. In April 2018, the plaintiff took two days off because of severe foot pain caused by neuropathy related to his

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