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How to Terminate for FMLA Fraud or Abuse

Author: Michael Barnsback

This is a separate area in which employers tend to exercise less caution and react without taking the time to fully analyze the situation. When an employer receives information that an employee on Family and Medical Leave Act (FMLA) leave is seen working at another job or is taking a cruise in the Caribbean, the natural tendency is to conclude that the employee is abusing the leave and the reaction is to immediately terminate the employee. However, such conclusions and quick reactions can lead to liability.