HR Question

tread carefully - unless the job requires them to be in perfect health because of physical requirements, you could face some nastiness getting rid of someone for medical issues. Yes, they may be lying, but you don't have proof. Document everything they have done incorrectly and continue to build a case and then terminate for unsatisfactory work.

IANAL or HR rep

Another option is "random drug screening" Not saying it will work but my company always does a "random" one for people about to get fired to avoid severance

Important questions before I can answer with an HR OPINION - not legal advice:

Do you work for a government position?

Is your company a private company with 50+ employees?

Has this employee been employed for 365+ days?

Has this employee worked at least 1,250 hours in those 12 complete months?

What, exactly, did the Corrective Action form say? Did it say FinL Warning? Finally Warning for that issue specifically or for any further infraction at all?

How mAny days did the employee no call no show before providing medical information?

Has the employee requested and completed the FMLA form & Dr certification?

Did your company request the employee complete the FMLA request & Dr certification?

Speak to your HR department immediately to find out if FMLA paperwork was offered to the employee or if it applies.

Make sure HR knows the employee no called no showed for 3 days before claiming illness. Most employers have a policy listed in their EE handbook stating 3 days no call no show is assumed as a resignation effective the end of the 3rd day. That would be before the EE mentioned a health concern.

Do not speak to the EE again as it can get legally dicey until it's sorted out. Request that HR speak to the employee about his NCNS/resignation (if applicable) and his subsequent health claim. Let them deal with the employer FMLA notice responsibility as they know your company policy on notification.

Basically, make sure HR knows all details and let them make the call on FMLA eligibility as they know what precedent has been set by previous cases. It's good that you didn't just forget about this and move on.

ETA: Don't ask about a Dr note as that assumes the EE is still employed and HR needs to decide if they will handle this as a resignation or FMLA request. If EE calls you before you hear back from HR, say you are busy, take a message and have HR call him back to discuss his situation.