A significant challenge in managing leaves of absence under the Family and Medical Leave Act (FMLA) is controlling employee abuse or misuse of leave rights. To be clear, eligible employees are entitled to receive the time off and job protections afforded by the FMLA without interference or retaliation by their employer. However, when potentially suspicious or fraudulent circumstances surrounding an FMLA request arise, employers often don’t know how to approach the issue. Suspected FMLA abuse can be particularly challenging when dealing with intermittent leaves.
Certain employment practices may help discourage employees from misusing FMLA leave, especially intermittent leave. Here are our leading practice recommendations for helping to curb FMLA leave abuse.