Managing leave under the Family and Medical Leave Act (FMLA) can be challenging for employers, particularly when they suspect misuse or abuse, especially with intermittent leaves. While it is crucial to respect employees' rights to FMLA without interference or retaliation, there are practical steps employers can take to curb abuse while remaining compliant.

A proactive approach is key. Employers should diligently monitor and track FMLA leave usage. By closely observing patterns in employee leave requests and usage, employers can detect irregularities, such as absences that fall outside the certified medical parameters or show abuse. However, it’s essential to avoid overzealous tracking that could be perceived as harassment, which could lead to legal claims of FMLA interference.

Requesting a detailed medical certification from the employee's healthcare provider is a crucial step. The certification should specify the nature of the health condition, the need for leave, and, if applicable, the expected frequency and duration of the leave. This certification serves as the employer’s guide to ensuring the employee’s leave aligns with legitimate medical needs. Additionally, comparing leave usage with the details in the certification allows employers to determine whether the leave is justified.

If an employer has a reasonable suspicion about the legitimacy of the medical certification, such as seeing questionable details or patterns, they can request a second or third medical opinion, paid for by the company. This option is particularly useful in preventing fraudulent claims while adhering to FMLA guidelines.

Employers can request recertification if the employee's situation changes, or if there is reason to doubt the validity of their initial claim. For example, if an employee is seen engaging in activities inconsistent with their stated medical condition, like participating in strenuous physical activities during a leave for a serious health condition, a recertification could provide clarity.

Employers may enforce their regular absence reporting policies, requiring employees on FMLA leave to follow the same call-in or notification procedures as other employees. Noncompliance can result in disciplinary action, provided it is not directly related to their FMLA leave.

It is important to set clear boundaries on communication with all employees. Inform them that timely communication is critical, and HR has the right to follow up with additional forms of communication if necessary.  Make sure their manager is clear on the expectations too.

By following these practices, employers can manage FMLA leave responsibly while minimizing the potential for abuse, ensuring a fair process for both employees and employers.

ASE Connect

ASE offers several courses on FMLA.  View them here.