Employee fired for falsifying time clock records, not for taking FMLA leave

Laurie, an employee, had been working at the company for many years. In October 2021, Laurie gave Julie, her supervisor, and the HR manager notice that she would need time off to start chemotherapy treatment for her autoimmune disorder. Julie told Laurie to use her paid time off (PTO) before taking leave under the federal Family and Medical Leave Act (FMLA).

On November 24, 2021, an employee told Julie that Laurie was late for work. A week or so later, Julie was doing payroll and noticed that Laurie clocked in at 7:28 a.m. for her 7:30 shift on November 24. But because she had been told that Laurie was late that day, she investigated further by looking at timekeeping records from the company’s mobile timekeeping app. Those records showed that Laurie had clocked in 33 times from outside the office, even though the company prohibited employees from clocking in before they were physically in the office.

Julie showed the results of her investigation to Daniel, a company director, who decided Laurie should be terminated. The employer fired Laurie on January 28, 2022, and she sued, claiming that the employer violated her FMLA rights by encouraging her to use PTO instead of FMLA leave and not properly notifying her of her right to use FMLA leave.

The court found that Laurie didn’t suffer any harm from these employer actions. She was granted FMLA leave and hadn’t missed any medical treatments. Had she been given FMLA leave, the employer could legally require her to use PTO concurrently, so the result would have been the same.

Laurie also argued that less than a month after she began taking leave, she was late for work, and an investigation was initiated. Despite no disciplinary history, she was terminated. She claimed the employer didn’t ask her for an explanation before investigating her tardiness.

The employer, however, identified 33 occasions when Laurie clocked in off-site in violation of company policy. The court agreed with the employer that the policy violation, not the leave, was the reason the employer fired Laurie, and ruled in the employer’s favor.

Valentine v. Riverside Radiology and Interventional Associates, et al., Southern District of Ohio, No. 2:24-cv-357, June 11, 2026

Key to remember: Employers can successfully terminate employees while on leave as long as the reason isn’t directly related to the leave.

Court decisions are based on the specific facts presented and each court’s interpretation of the law. Because courts may reach different conclusions, similar situations can lead to different outcomes. Employers should avoid relying on a single case as definitive guidance and instead assess each situation carefully, considering applicable laws, and seeking advice when needed.