What Is FMLA Abuse?
FMLA abuse occurs when an employee misuses the Family and Medical Leave Act (FMLA) to take leave under false pretenses by exaggerating a condition or using approved time off for unauthorized purposes.
Some abuse examples include claiming back pain to get leave, then seen golfing or doing strenuous activities; using FMLA Leave for vacation purposes; taking FMLA for anxiety, but using the time to travel; misrepresenting family needs by stating that they are caring for a sick parent but working another job...
While these examples are duplicitous, there are ways to combat FMLA fraud and abuse.
Learn Steps For Handling Potential FMLA Fraud And Abuse
It is unfortunate that HR professionals actually have to manage abuse of employee leave - but it is a reality, as more and more employees utilize the FMLA as a means to avoid disciplinary action for poor attendance and tardiness. But what can HR do? Well, a lot.
Even though the FMLA regulations are complex, confusing, and present loopholes that are easy to exploit, companies should not be reluctant to deny leave or terminate troublesome employees for fear of being sued. This training session will help you identify exactly what you can do – and how to take decisive action in even the most delicate situations.
What You'll Learn:This training session gives guidance for handling potential FMLA abuse. By attending, you will learn:
- Strategies for identifying abuse
- Employer obligations under the Family and Medical Leave Act
- The most common abuses of FMLA and why it's happening
- Recent changes to the FMLA that make it easier for employers to curb abuse
- Company policies you must have in place to effectively manage FMLA leave—and abusers of leave
- How to leverage your internal resources to prevent FMLA abuse
- How to identify abuse - and the individuals you need to involve in an internal investigation
- The basic steps in how to conduct an effective investigation and how to acquire physical, documentary, and testimonial evidence
- How to effectively document FMLA to confront abusers
- How to take effective steps managing FMLA abuse investigations
- The risks in just getting testimonial evidence to support a FMLA abuse case
- How to evaluate investigative findings and prepare a report that is court-ready