Deviation, Documentation, and the Door: When Honest Belief Meets FMLA Misuse

When employees stretch their FMLA leave beyond what’s certified, courts look closely at how employers respond. A recent case shows how solid documentation and a clear-eyed review of the facts can support a defensible termination.

TL;DR: An employee claimed FMLA interference and retaliation (plus a bunch of other discrimination claims) after being fired for allegedly misusing leave meant to take his wife to IVF appointments. He insisted it also covered prepping her injections and dropping them off at work. The court wasn’t buying it. The employer documented well, followed its policy, relied on an honest belief that the employee was misusing leave, and didn’t have to let him “clarify” his certification. Big win for employers who enforce FMLA boundaries.

---

When the Leave Doesn’t Match the Certification

The employee, a production operator, took intermittent FMLA leave for various medical conditions over several years. In 2021, he got FMLA approval to transport his wife—also an employee at the same company—to IVF-related medical appointments. The leave was intermittent, with each instance covering 1 to 12 hours, a few times per week.

The problem? The employer noticed that on several occasions when the employee took leave, his wife was… at work. On the same shift. So how exactly was he transporting her to appointments?

His explanation: the leave also covered mixing her medications and delivering them so she could inject herself during breaks. That wasn’t in the paperwork. Her doctor had certified only a need for transportation when she couldn’t drive due to medication. And the employer’s designation notice mirrored that exact language—transportation only.

The Honest Belief Standard Strikes Again

The company opened an internal investigation. HR conducted interviews. The employee admitted not all of his absences involved transporting his wife and that the injections only took 30 minutes to prep, even though he was out for entire shifts. He didn’t seek clarification or an update to the certification. He was suspended, then fired.

The court sided with the company. The employer had an “honest belief” that the employee misused his leave—a legitimate, nondiscriminatory reason to terminate. Even if that belief was wrong, it was still protected if honestly held after a reasonable investigation.

What About Retaliation or Interference?

The court wasn’t moved by the idea that the company retaliated against the employee for taking leave. They approved all of it. They only took action once he appeared to violate the terms. That’s not retaliation—that’s discipline for misuse.

Same deal with interference. There was no denial of leave. And there’s no FMLA requirement that says employers have to let someone finish out their leave entitlement if they’re suspected of abusing it.

The court also rejected the idea that the employer had a duty to help the employee clarify or amend his FMLA certification. The employee argued that he believed his leave covered helping his wife with medication preparation, and that the company should have let him clarify the scope of the certification before terminating him. But the court found that the certification on file clearly limited the approved leave to transportation to appointments, and the employer had no obligation to seek further clarification or invite the employee to recertify. It was the employee’s responsibility to ensure the certification accurately reflected the scope of the leave he intended to take.

Employer Takeaways

1. Stick to the scope. Ensure the employee’s actual use of leave matches the specific terms of the medical certification and designation notice.
2. An honest belief is a strong defense. If you reasonably believe the employee abused leave, and you document it, courts will often back you up.
3. Clarification is your opportunity, not your burden. Employers can request clarification following receipt of an incomplete medical certification. However, employers need not request clarification before taking disciplinary action based on a reasonable, good-faith belief that the leave was misused. If an employee wants broader leave, it’s their responsibility to seek recertification—not the employer’s job to interpret or expand unclear documentation.

The Bottom Line

FMLA protections are important, but they aren’t unlimited—and courts won’t treat them that way. When the documentation is clear, and an employer acts based on a well-supported, good-faith belief that an employee has crossed the line, courts will generally uphold discipline or termination.