Want to stop? Then get strict about enforcing your certification requirements. There’s no reason employees should be allowed to simply say they need . Instead, make them turn in certifications within tight deadlines.
Recent case: Lydia Magallanes worked for Illinois Bell and had a history of attendance problems. She wasn’t the only one, so the company issued new rules that instituted a no-fault attendance program. It also began requiring employees who wantedleave to get their certifications back within 20 days, with an additional 15 days leeway if they could show a valid reason for the delay.
Magallanes missed the deadlines and was terminated. She sued, alleging she was eligible for leave.
But the court tossed out her case, concluding that employers can insist on timely certifications. (Magallanes v. Illinois Bell, No. 05-C-4626, ND IL, 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Deferred-Comp plans must comply with new rules starting Jan. 1
- You can terminate someone on FMLA leave--as long as reason has nothing to do with FMLA
- Sometimes it's OK to fire before parental leave
- Must you allow FMLA leave before childbirth?