Columbia EDP Blog

Denying leave through FFCRA

question-mark-1019983_1920You may have some concerns when an employee requests leave to care for a child.  What do you do if you feel the employee may be lying?  Can you deny thier request? 

There is significant risk in denying a request for FFCRA leave if an employee has provided the appropriate documentation.  That said, if you believe the request is fraudulent, you shoudl have a discussion with the employee before granting or denying the leave.  If it turns out that they were submitting a fraudulent request - and you have sufficient evidence to support that - you can take disciplinary action if it seems appropriate.  If, after discussion, you think their request is more likely than not legitimate, you should grant it.  

Be careful about disciplining an employee who requests leave but doesn't meet the necessary criteria.  These leave entitlements can be confusing, and it would be unlawful retaliation to discipline an employee who was attempting to use thier right to leave in good faith.  

If you have more questions on situations like this, contact us to talk with one of our HR specialists.  Contact us

Posted Date: 2020-09-18

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