Obtaining medical certifications and recertifications of serious health conditions and having carefully thought-out conversations with employees suspected of abusing Family and Medical Leave Act (FMLA) time off can help send fraudsters a message: The employer is monitoring them. The employer can't interfere with legitimate FMLA leave, but it can strive to prevent the law from turning into the "Friday and Monday leave act."
Frequently requesting Fridays or Mondays off or taking leave after objecting to new job assignments can be signs of FMLA fraud. But an employer can't assume that these acts amount to abuse of such leave. Instead, it must determine whether the individual is covered by the FMLA and whether the time off is protected.
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How to Stop FMLA Abuse
SHRM | Feb 2020
Note: The focus of this Express Request is minimizing abuse of the FMLA. For comprehensive resources on the law, visit USDOL's FMLA Page.
Law Firm Resources
How Do You Stop an Employee from Abusing FMLA?
Moen | Feb 2023
Podcast: Lots Of Leaves: Managing FMLA Abuse And Other Challenging Leave Issues
Ogletree | Dec 2019
Honesty Is The Best Policy: An Employer's Guide To Combatting FMLA Fraud And Abuse
Fisher Phillips | Jul 2019
Fighting FMLA Abuse in the Summertime: Top 10 Employer Tools to Keep Employees Honest
FMLA Insights via SHRM | Jul 2018
For Purchase
FMLA Essentials Manual + Update Service
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Related Reading and Resources
Disciplining Employees for FMLA and ADA Abuse
SHRM | Jul 2019
Stop Summertime FMLA Abuse: The Friday Monday Leave Act
HR Morning | Jul 2019
$2M Jury Award to Employee Vacationing While on Medical Leave Highlights Pitfalls for Employers
McGuire Woods | Jun 2019
Want to Crack Down on FMLA Abuse? Try the Chicago Way
FMLA Insights | Oct 2018
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