HRMorning.com » If he’d told the truth, he’d have been entitled to FMLA leave

If he’d told the truth, he’d have been entitled to FMLA leave

July 15, 2011 by Tim Gould
Posted in: Employment law, FMLA, Health care, In this week's e-newsletter, In this week's e-newsletter - benefits, Latest News & Views, Leave, Management, policies, Terminations



Pretty much everybody understands how FMLA leave works — it’s designed to allow employees to take time off to deal with serious medical conditions. Just one caveat: If you want the leave, you can’t lie about what you’re suffering from.

Check out this recent case out of Pennsylvania:

Sears employee John Prigge had bipolar disorder but had never told his supervisors or anyone at the firm.

After working for the company for five years without a problem, Prigge began to feel ill, missing work and frequently leaving early due to his condition.

Instead of telling the truth, Prigge told his supervisors that he was absent because he was receiving radiation treatment for prostate cancer.

After missing a week of work due to his disorder, however, Prigge came clean and told Sears the reason for his absences.

Sears fired him for lying, but Prigge sued, claiming the company violated his FMLA rights. The court disagreed, saying that Prigge misrepresented his illness, and therefore wasn’t covered.

The ironic part: Prigge would have been covered if he’d told the truth, the court said.

Cite: Prigge v. Sears Holding Corp. To read the full opinion, go here.

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2 Responses to “If he’d told the truth, he’d have been entitled to FMLA leave”

  1. Matt Says:

    Sorry Mr. Prigge, but you sort of did it to yourself on this one. If you’d taken the time to learn the FMLA, you wouldn’t have put yourself into this mess.

  2. luvmykidz Says:

    I agree Matt. It’s funny how employees read just enough to use what they can to their advantage, but not enough to understand that if the rules are broken, it can back-fire on them.
    We as employers keep all their information confidential. FMLA and HIPAA go hand-in-hand, so there is nothing to worry about. He should have kept that in mind and never tried to hide his condition.

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