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When Can an Employer Fire an Employee for Medical Leave Fraud?

JDSupra (05/11/2012) Robin E. Shea

Employers that learn that employees on medical leave have been working other jobs or engaging in recreational activities cannot simply terminate them for fraudulent medical leave. In some instances, employers might find that the job is not permitted under medical restrictions, but recreational activities or alternate employment are allowed and actually could help speed recovery and prevent depression. However, an investigation might reveal the employee performing the same job for another firm while on leave or undertaking other activities not allowed under medical restrictions, but experts say they must be handled on a case-by-case basis.