Third Circuit Decides Good Faith Belief of FMLA Abuse Justifies Termination
There are occasions when an employer becomes concerned that an employee on leave under the Family and Medical Leave Act (“FMLA” or “the Act”) is using the leave for purposes not authorized by the Act. That situation was presented in Capps v. Mondelez Global, LLC, a recently issued opinion from the Third Circuit Court of Appeals. There, the Court held that an employer’s good faith belief that an employee was abusing his authorized FMLA leave constituted sufficient grounds on which to terminate the employee. The case provides valuable guidance as to how employers should proceed in such situations. The Facts Frederick Capps worked as a dough mixing machine operator for Mondelez Global (“Mondelez”). Because of a blood flow condition, Capps underwent bilateral hip replacement. At times thereafter, he suffered from severe leg pain and was continuously recertified approximately every six months for intermittent FMLA leave for his condition. On the evening of February 14, 2013, Capps was arrested for driving under the influence and spent the night in jail. He had not reported to work that day having called Mondelez’s FMLA message line complaining of leg pain. On August 7, 2013, Capps pled guilty to a DUI charge and spent 72 hours in jail immediately following the guilty plea. The company did not have a policy...