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Handling FMLA Abuse

GRC Educators

May 17, 2019
Recorded Online

Abuse under the Family and Medical Leave Act touches every employer. They are difficult cases because you must deal with it but at the same time, you almost assuredly setting yourself up for a retaliation suit.

How do you put your company in the best legal position while dealing with abuse? Since the FMLA was signed into law, employers have been faced with the challenge of ensuring compliance with the statute’s requirements while also developing strategies to prevent employees from taking unfair advantage of the system. Although confusion surrounding employers’ obligations under the FMLA continues to be an issue, many employers have successfully developed policies to prevent employees from taking FMLA to leave they are not entitled to take.

Abuse can be difficult to identify and maybe even more difficult to address. In addition to the FMLA, there are a host of other laws that protect employees while taking leave. While most employees will not abuse these rights, many will. Those who abuse the system create many headaches for employers and causes morale problems among those who are not abusing the system. Intermittent leave tends to be the most susceptible to abuse and the most difficult for employers to address. How do you identify the abuse and what can you do about it?

Learning Objectives:

  • What types of leave are most likely to be abused and why
  • How to uses medical certifications to combat abuse
  • Red flags that suggest an employee might be abusing leave
  • Conducting the proper investigation into potential abuse
  • Avoiding retaliation claims when terminating after FMLA leave
  • Documentation dos and don’ts when disciplining or terminating employees for excessive or fraudulent leave

Presented by: Susan Fahey Desmond, Principal, Jackson Lewis PC

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