The Family and Medical Leave Act (FMLA) can be a tricky thing, even when a company proves that an employee is abusing the policy.

Lucy Fitterer worked for the State Washington Employment Security Department and was granted intermittent FMLA leave at different points throughout her employment, in order to help her deal with migraines.

In January 2011, Fitterer requested two weeks of FMLA leave. Unfortunately for her, Fitterer’s step father mentioned to one of her co-workers that she and her husband were planning on using her FMLA leave to take a vacation on a two week cruise.

HR heard about this through the employee grapevine and decided to reach out to the listed doctor to verify her need for the leave. The doctor told Fitterer’s HR department that she was not incapable of working during the time she would be on leave and also indicated she would not be receiving treatment during the cruise.

When Fitterer returned to work, she was welcomed back with the news that she had been terminated due to a violation of the company’s leave policy.

After finding out about her termination, Fitterer sued the company claiming FMLA interference. The only reason Fitterer’s claim could have worked is because failing to get the employee’s permission to contact a listed doctor is grounds for suit. The court, however, ruled that her termination should uphold. The court said Fitterer had zero evidence that she was incapacitated during her two weeks of leave and ruled that a two week cruise was unnecessary to deal with her reported medical condition.

Human resource experts explain that this is great news for employers everywhere but also an extremely important lesson. This employer was very lucky that the termination was upheld, even though it technically broke the rules. It is highly important for human resource professionals to follow rules and procedures even when foul play is suspected.