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Steps to Prevent FMLA Fraud and Abuse - Checklist

Author: Barton A. Bixenstine, Vorys, Sater, Seymour and Pease LLP

Employers understandably get frustrated if employees appear to be abusing the FMLA by fraudulently obtaining medical authorization for leave that is not medically necessary, or fraudulently extending an approved FMLA leave for non-FMLA reasons. While the DOL's FMLA regulations limit an employer's options, they do provide employers with strategies to help prevent or at least limit the fraudulent use of FMLA leave.

The following are tactics available under the restrictions of the FMLA for controlling the fraudulent use and abuse of FMLA leave. Not every tactic is appropriate and necessary in every situation - each situation must be addressed on its own facts. Special tactics for controlling abuse of intermittent leave are contained in a separate checklist titled Tactics to Control Intermittent Leave Abuse - Checklist.