Q. An employee told her supervisor that she needed surgery. We approved time off under the
A. It's a pretty safe bet that time off for liposuction does not qualify under the FMLA. To play it safe, though, make sure that the surgery was not prescribed to treat a serious health condition such as obesity. If the leave doesn't qualify and the employee made intentionally false statements, you should rescind the FMLA designation and issue discipline.
Whether termination is appropriate depends on a number of factors, including the level of discipline issued to other employees for similar misconduct and the employee's disciplinary record.
In the future, require employees to hand over a completed medical certification form before granting.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- FMLA leave: Intermittent or all at once? Document what employee requested
- Don't tell employee she can take FMLA leave until you have checked her eligibility
- Train managers on FMLA or risk double damages
- Make sure supervisors understand: Do not discourage employees from using FMLA