Investigation reveals bogus use of FMLA leave? You can and should discipline employee — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Investigation reveals bogus use of FMLA leave? You can and should discipline employee

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Some employees seem to think that if they are approved for FMLA leave, their employers have to accept their time off as legitimate. That’s true to a point. But it doesn’t mean employers can’t ferret out leave abuse if they have reason to believe the employee isn’t being honest.

Take, for example, intermittent FMLA leave. An employee with approved intermittent leave may call off in a pattern that looks suspect—such as on Mondays or Fridays or before holidays. That may warrant an investigation.

If you find evidence that the em­­ployee may be using approved FMLA leave as extra personal time off or for some other illegitimate reason, feel free to discipline the worker. Courts generally won’t second-guess that decision.

Recent case: Frederick worked as a mixing technician at a candy manufacturer. His job involved adding ingredients to and operating a mixing machine that makes dough.

He developed avascular necrosis, a degenerative...(register to read more)

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