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Falsification of FMLA documents by spouse

If an employee’s spouse falsifies FMLA documents does this reduce any liability on the employee?

The employee is ultimately responsible for paperwork he submits even if he delegated the completion task to another individual such as a spouse. One exception might be if the employee is completely incapacitated, i.e. in a coma, and has no way of knowing the information being submitted on his behalf. Otherwise, the employee should be held responsible for providing inaccurate information.

Employers are within their rights to discipline employees in accordance with company policy for providing false information on company documents including paperwork supporting a leave request under the federal Family and Medical Leave Act (FMLA). If such false information deems the employee no longer to be eligible for FMLA leave make sure all supporting information is clearly documented and the denial for leave is communicated.


This entry was posted on Thursday, June 26th, 2014 at 1:12 pm and is filed under
Human Resources Management.
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