fmla suspect ee working new job

bbhlaxmom

We have an ee that has been approved for intermitent FMLA to care for son who has chronic condition. He has informed us that he is only able to work 6-9pm now and will be using 5 hours of FMLA per day until he makes other arrangements for care; but the rumor mill says that he is working at a new job between 8-5 and not at home caring for the son. If we can prove he has taken this other job, can we terminate?

LindaS

Before making any final decisions regarding termination, get the FACTS and check with your attorney. If the employee is working at a job that has nothing to do with taking care of his child, I would think you can go ahead and terminate.

Don D

Not knowing your policies, what would you be terminating him FOR? For falsification of a request form? For working a second job? For misleading the employer? It might be safer to jerk the FMLA approval, demand that he work his normal hours effective immediately and terminate him for attendance.

If you have a 'falsification of company documents' statement in your policies, I would go with that. That would also satisfy the UI process. Just be really sure of your facts.

rad

I agree, Don. Falsification of documents is what we would, and have, terminated on. We have enough problems with absence and false FMLA claims only add to the pain.