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How to Curb FMLA Abuse

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

The federal Family and Medical Leave Act (FMLA) places a variety of restrictions on employers that limit their ability to curb FMLA abuse. Nevertheless, there are a variety of steps employers can take, consistent with the restrictions of the FMLA, for curbing abuse of FMLA leave.

Not all of these steps need to be taken in every situation. Each situation must be addressed on its own facts, since some entitlements to FMLA leave are obvious and raise few risks of abuse, while others require more careful attention and controls.