Lack of documentation

Ruskanen

I have an hourly employee who was almost out of unpaid attendance points that went to a local doctor for respiratory problems. He said he was referred to be admitted to a hospital 3 hours away for testing for asthma/respiratory problems, for a period of one week. I thought that was weird, but whatever.

The employee came back with our forms filled out. Although we don't require it, when most employees are gone for an extended period of time due to a personal illness, they bring back a script, admittance or release paperwork, or even the hospital bracelet...something from the hospital that has the hospital's address and or phone number. He didn't do that. His lack of paperwork seemed fishy. I tried to find his local doctor in the white pages or through information and there wasn't any doctor with that name. I called the hospital and their medical records department confirmed by name, birthdate and social security number that he hadn't been admitted.

I spoke with the employee yesterday and told him the hospital had no record of him being admitted and because of that, his employment was being suspened immediately for 15 days for him to turn in additional paperwork. I will be sending a certified letter today summarizing our conversation and the company's decision.

My question is, can we do that? Normally if an employee is required to bring further documentation we don't suspend them, but then again, I usually don't feel the need to confirm information. This particular situation raised my suspicions because of the lack of additional documentation. Any opinions?

Don D

I don't find anything in the regs that specifically addresses your situation. Requiring a fitness for duty report is allowed, but doesn't seem particularly applicable. And a second opinion doesn't seem to make sense. The section on Recertifications addresses situations about which you have doubt as to authenticity, which may be about as close as you'll get in the regs.

I would hang my hat on this: If, in your normal course of activities, you periodically or regularly scrutinize business records to reach a conclusion as to their authenticity, you would NOT be precluded from carrying out that practice as relates to the FMLA. And in so doing, if you had reason to doubt the genuineness of a business document presented to you, and you performed your routine type of inquiry into the legitimacy of that document and found it unsatisfactory and unacceptable, then you have every right to proceed with your suspension and subsequent denial. I would also think it would be reasoable grounds for termination if he did not return the required paperwork within the 15 days you allowed him.

FMLA fraud is just as serious as Comp fraud or any other type of fraud in the workplace and should not be tolerated. This guy was not particularly clever; but, it appears YOU were!

Ruskanen

Thanks, I needed that. We're looking at a blantent falsification of records/dishonesty which in our company has been a terminable offense. We gave him the 15 days as a benefit of the doubt and to show we did give him a chance to correct the error.

deniseE

We terminated an ee for similar behavior last year...the Unemployment Comp. Judge upheld the termination and did not award her benefits.

Whatever

We, also, terminated an ee for falsification of papers (in this case it involved a parent). We, also, were upheld by unemployment.