Employee fired over conflicting FMLA medical reports

Administering and policing Family and Medical Leave Act (FMLA) requests means reviewing medical reports submitted by employees in support of their absences. When something looks fishy about an FMLA medical certification, you can—and should—confirm the report is bona fide and makes sense. If it doesn’t add up, you may have the right to discipline or fire the employee.

Original medical certifications

Michael Shipton worked in a physically demanding job as an underground gas mechanic for Baltimore Gas & Electric (BGE). He suffered from Type 2 diabetes, which caused him to miss work periodically when his symptoms flared up.

Shipton provided BGE with an FMLA medical certification. In it, his doctor reported Shipton was an uncontrolled diabetic who experienced episodes of hypoglycemia. Based on the certification, BGE granted him intermittent FMLA leave.

Several months later, Shipton submitted a nearly identical certification to support his continued intermittent FMLA leave.

Later medical reports

Shortly after submitting his second, nearly identical certification, Shipton missed two days of work for neuropathy caused by his diabetes—specifically, severe foot pain. BGE pointed out that his FMLA medical certifications provided for leave only relating to his hypoglycemia and that they didn’t establish the right to any leave for neuropathy. It also told him it was becoming concerned about whether he could safely operate the company’s vehicles, which was required for his job.