Ask The Lawyer

By Debra Roth

Q & A Session – Sick Leave Fraud

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

If you are using a sick day but are seen out possibly getting medication or going to the doctor, is that time card fraud?

A:

If you claim to be sick because of a bad back, request such leave and are spotted during the workday playing golf, bowling or swing dancing, you might have a problem. But if your psychiatrist tells you to take a week off to de-stress to help treat a clinical depression, it is probably permissible to play golf while you are on sick leave. The answer to your question is very much dependent on the nature of the incapacity and the employee’s activity.

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

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