In the age of social media, many people believe the world is interested at all times in where they are and what they are doing. Sometimes, though, an employee who overshares can get in a bit of hot water.
This Sunday, the Ravens will host Baltimore’s first AFC Championship Game since 1971. Let’s imagine that on Monday, you get a call from your employee John, who says that he can’t come in that day for work. Unfortunately for John, he forgot that he’s your Facebook friend, and you saw pictures of him looking perfectly healthy at the Ravens game the night before. What do you do?
Say it with me: It depends.
<ul><li>What is the size of your company? If you have 50 or more employees, FMLA leave could be in the picture, depending on the reason that John provides for his absence and how long he’s going to be out. Even if John is not eligible for FMLA leave, state laws (like the Maryland Healthy Working Families Act) will apply.<br/></li></ul><ul><li>Was John already scheduled to be out? A hot topic in federal court is an employer’s right to investigate, and make disciplinary decisions regarding suspected FMLA abuse. If John was on FMLA leave supposedly because he was taking care of his sick parent out-of-state, and still said he was doing that on Monday, you as the employer would have legitimate reason to do further investigation and ask questions of John that could lead to his disciplinary discharge. On the other hand, imagine the same scenario, but John’s parent lives in Baltimore. Does the parent require 24-hour care? What does the FMLA Certification provided by John state regarding the care to be provided? These are all considerations you will have to weigh.<br/></li></ul><ul><li>What exactly did John say when he called out? There may be no reason to doubt John if he said he got sick overnight (particularly if the rainy forecast for Sunday holds)! On the other hand, if John was out Friday, too, and he said he wasn’t feeling better Monday, that may be another story.<br/></li></ul><ul><li>What do your leave policies say? If employees can take PTO for any reason, no questions asked, then there may not be any recourse. If, on the other hand, employees must submit documentation to justify emergency leave (taken with same-day notice, for instance), you may require John to justify his absence (so long as doing so is consistent with state and federal law requirements). </li></ul>
Contact an RKW employment attorney if faced with this situation and we can help you go through all of the considerations and options available to you. Also – <span style=”color: #241773; font-weight: bold; font-size: 120%;”>GO RAVENS!</span>
