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What To Do When A Non-Employee Is
Breaking Your Company’s Rules
HR Stories From The Front Lines*
Recently, one of our clients was struggling to unravel a mystery that had the company’s employees up in arms. Despite the company’s non-proselytizing policy, mysterious Bible verses kept appearing on the chalkboard in the employee break room.*
Do you have an HR question keeping you up at night?
The following question was submitted to our HR Professionals in the past month …Question
We have an employee who will soon be returning from a workers’ compensation injury. The employee has been released to work full time; however, due to the residual pain this employee is experiencing, she has requested to work a work schedule of 2 p.m. to 10:30 p.m. instead of her normal schedule of 4 p.m. to 12:30 a.m. We are unable to accommodate that schedule request, but can offer her a schedule of 4 p.m. to 10:30 p.m. Are we able to offer that schedule to the employee as an accommodation?View the Answer (Opens in a new window)
Six weeks ago, Peter requested FMLA leave to care for his wife, who has terminal cancer. He provided medical certification and complied with all requirements for taking FMLA leave. His leave was designated as FMLA for a period of 12 weeks.
Yesterday, Julie, Peter’s coworker, told you that she saw pictures on Instagram of Peter and his wife on Waikiki Beach. Julie then showed you the pictures. Peter’s wife appears to be the picture of health and, from what you have seen, they appear to be thoroughly enjoying their Hawaiian getaway with snorkeling, surfing, kayaking, and other strenuous physical activities.
You are shocked by this information and disappointed that Peter would abuse FMLA in such a manner. Your first instinct is to terminate Peter’s employment, but is this allowable? How should you proceed?
Peter should be terminated. He was clearly lying about his need for FMLA leave.
Peter should remain on FMLA leave and should not be disciplined for how his time on FMLA was spent. Peter provided all of the required information to take FMLA leave to care for his wife. It is not your place to question his methods for providing care for his wife.
Call Peter and instruct him to return to work immediately, since the pictures prove that his wife no longer needs him to care for her.
Conduct an investigation and make a determination as to whether Peter is actually abusing FMLA leave.
This information is provided by ePlace Solutions, Inc. which is solely responsible for its content. ePlace Solutions, Inc. is not engaged in rendering legal or other professional services. Federal and state laws are more complex than presented here. This information is simplified for the sake of brevity and is not a substitute for legal advice. ePlace Solutions, Inc. disclaims any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information.