Curb FMLA Fraud and Abuse

Key Points

  • FMLA fraud occurs when an employee takes FMLA leave for purposes other than those permitted under the FMLA.
  • FMLA abuse occurs when an employee has appropriately and legitimately obtained FMLA leave, and then uses the excuse of the FMLA to somehow benefit the employee inappropriately.
  • An employer can implement certain strategies to combat FMLA fraud and abuse, such as creating a detailed FMLA policy, effectively using the certification process, requiring periodic updates from an employee on leave, and using appropriate tracking tools and surveillance.
  • An employer should train all supervisors and managers to spot FMLA fraud and abuse and respond appropriately.

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