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.
- Fitness-for-Duty Letters Trigger Instant Reinstatement
- When can you fire someone on FMLA leave?
- Track intermittent leave meticulously when you offset FMLA time with paid leave
- Personnel records: What to store, when to shred ... and 7 laws you must comply with
- Collecting unpaid health insurance premiums after FMLA leave