Solving an FMLA mystery, finally!

The Family and Medical Leave Act (FMLA) became the law in 1993. That’s more than 30 years ago. You’d think all questions about it would have been answered years ago by all federal appeals courts. But trust me, that’s not how the law works! A 2024 case from one of the largest appeals courts in the country just nailed down the answer to an FMLA mystery for the states within its jurisdiction.

Something amiss?

Truck driver Tomas Perez claimed he got into a collision at work between his truck and a wall. While required by company policy to report the injury immediately, he waited until the end of the business day to do so. Despite there being no objective signs of an injury, a doctor told him not to work for the next five days, which the doctor extended for another 18 days beyond that.

The plot thickened when the company investigators saw no physical evidence of a collision. Then an anonymous employee sent an email to company management saying that Perez was “faking a work-related injury in order to take time off to work on personal business [fixing rental properties].”

What’s a company to do?

The employer hired a private investigator to see if it could get the goods on Perez. According to the appeals court’s decision, it did: