He used FMLA leave to build a porch — Was that legal?

Suspect an employee’s guilty of FMLA abuse? Better think long and hard before firing him or her — you might end up in court.
An employee suffered a concussion at work, and his doctor ordered him to take time off. He was granted several weeks of FMLA leave.
While he was out, a co-worker who lived near the employee saw him building a porch in his front yard. The work included lugging around heavy planks of wood and operating power tools. The co-worker let the HR manager know what he’d seen.
When questioned, the employee admitted to spending his leave working on the porch. He was fired for taking leave when he didn’t need it.
FMLA abuse?
He sued the company — and won. The company argued that since he was well enough to build the porch, he was well enough to return to work.
But the court disagreed. Performing other activities while on leave might be evidence of abuse — but not proof. Being able to build a porch didn’t necessarily mean he was able to do his regular job.
Given the fact that the employee had completed adequate certification and had been told by his doctor not to go to work, the court decided his leave was legitimate.
Cite: Weimer v. Honda of America Mfg., Inc.