Disciplining EE on FMLA

An employee (EMT) was responsible for tending a patient during a transfer from one hospital to another. The patient later complained to our billing dept that there were charges for some services not provided.

An investigation revealed that the EMT was being lazy and bypassed some (relatively) minor procedures, but indicated on the run report that they were done.

This EMT has a similar write-up in his file that has to be removed in a couple of days. Without the other write-up, the CBA doesn't allow us to go to the next disciplinary step (unpaid suspension).

Here's the rub. His wife just had a baby and he's out on FMLA for bonding purposes. Can we call him in for discipline? If we suspend him, would it be during or after his leave? (He's receiving sick and vacation pay while on leave).


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