FAMILY MEDICAL LEAVE ACT

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons.

FMLA abuse refers to employees who take advantage of their leave entitlements under the Family and Medical Leave Act (FMLA). This can range from employees who request intermittent leave so as to stretch out their leave entitlements to cases of FMLA fraud, in which an employee submits a fraudulent medical certification.  

Employees can be very creative when it comes to documentation and or a background story.  Often times, playing to the conscious of caring and understanding employer. 

We address cases of FMLA abuse in the following ways.  

• We may conduct surveillance, observing an employee's daily routine and habits, are they actually caring for themselves or a loved one?  Are they really complying with the rules of FMLA?
• We will review, investigate, and confirm details from FMLA applications or other documentation.
• Confirm Doctor, therapists, or other medical professionals licensing, office locations, phone numbers, etc. 

Employers are responsible for maintaining healthcare coverage for the employee on leave.  They are also required by law to save the employee's on leave assignment or job position awaiting their return.  

Employers will need to cover the position with another employee, paying a new person or existing employees overtime.  This can become very expensive and complicated.  

• https://pulpstream.com/resources/blog/fmla-abuse
• https://pulpstream.com/resources/blog/workplace-investigations
• https://www.guardianlife.com/absence-management/the-cost-of-FMLA-mismanagement