October 20, 2016 Articles

Strategies for Handling FMLA Abuse

Tools that employers can use to ensure that leave is being taken for legitimate reasons.

By Teresa D. Teare and Shelby S. Skeabeck – October 20, 2016

The “Fraudulent Medical Leave Act” or the “Friday to Monday Leave Act”—these are the pejorative ways in which human resources representatives and employment law practitioners refer to the Family and Medical Leave Act (FMLA). Unfortunately, these nicknames have arisen from the all-too-common abuse of FMLA leave. Of course, many employees have legitimate reasons for needing to take leave, and the FMLA offers those employees certain, important protections like reinstatement rights. There are occasions, however, in which individuals abuse the FMLA; and in those situations, the law has tools that employers can use to ensure that the leave is being taken for legitimate reasons.

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