Certified Leave Management Specialist (CLMS) Certification Practice Test

An employer was within their rights to terminate an employee who had their STD approved but did not submit FMLA paperwork. What is the reason behind this?

1. The employer has an obligation to maintain employee health records

2. The employer is required to follow FMLA absence policy procedures

3. The STD approval supersedes FMLA requirements

4. The employer must offer leave regardless of paperwork

The correct answer is: The employer is required to follow FMLA absence policy procedures

The reason for the employer's ability to terminate an employee who had short-term disability (STD) approved but failed to submit the necessary Family and Medical Leave Act (FMLA) paperwork lies in the obligation of employers to follow the procedures outlined in their FMLA absence policy. FMLA establishes specific requirements for documentation and notice, and if an employee does not comply with these protocol requirements, the employer is justified in taking action. The FMLA policy requires employees to notify their employer when they need leave and to provide appropriate documentation, which helps the employer manage leave effectively and ensure compliance with the laws governing employee rights and leave entitlements. If an employee is not following the necessary procedures, it can disrupt the employer's ability to manage leaves of absence properly and maintain staffing levels. In this case, even with an approved STD, the employee's failure to submit FMLA paperwork signifies non-compliance with the established policy, allowing the employer to take appropriate actions, including termination.