Curbing FMLA Abuse: How to Manage Manipulative Employees

Since the Family and Medical Leave Act (“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 leave they are not entitled to take. Abuse can be difficult to identify and may be 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?

Areas Covered:

• What types off leave are most likely to be abused and why.
• How to uses medical certifications to combat abuse.
• “Red flags” that suggest an employee might to 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.

Who Will Benefit:

Human resources managers, human resource generalists, risk managers.

Speaker(s)

Susan Fahey Desmond

For more than 35 years, Susan Fahey Desmond has helped companies – hospitals, banks and credit unions, manufacturing companies, offshore oil companies, school districts, and others – minimize the cost and disruption of employment disputes. She defends wage and hour, wrongful discharge, non-compete, Family and Medical Leave (FMLA), and other claims. Clients seek her litigation counsel for age, sex, disability, race, religion, and sexual harassment discrimination lawsuits, as well as class actions. She helps employers dispute Equal Employment Opportunity Commission (EEOC) charges and other administrative complaints and navigate the administrative and judicial process. And, perhaps most importantly, she works with management and HR to resolve issues before they develop into contentious litigation.

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