Mass. Court Reminds Employers Of FMLA Due Diligence

Law360 (July 9, 2019, 12:36 PM EDT) -- Determining whether an employee has misused leave under the Family and Medical Leave Act or misrepresented his medical condition while taking FMLA leave, may not be as straightforward an analysis as it seems. In DaPrato v. Massachusetts Water Resources Authority, the Massachusetts Supreme Judicial Court upheld a jury’s award to an employee who was terminated from employment after his employer learned that he had taken a vacation while out on FMLA leave. 

In DaPrato, a long-time employee was approved by his employer, the Massachusetts Water Resources Authority, or MWRA, to take FMLA leave for several weeks to recover from foot surgery....

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