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
- Unsure about your accommodations obligations? Find out fast--or risk personal liability
- Can we dock pay if worker exceeds sick-Leave limit?
- Personnel records: What to store, when to shred ... and 7 laws you must comply with
- Employee called to jury duty? Different leave rules apply for federal, state courts