The Family Medical Leave Act protects employees positions from termination in the event they have to take time off to care for a sick family member. According to FMLA Source as much as 10.7% of the U.S. workforce is on FMLA leave at any given time. While countless employees have benefited from FMLA, others have taken advantage of the program for their own gain. FMLA fraud costs business million. Here’s how you can stop it.
Require proof
At Lauth Investigations, we understand how important it is for employers to properly manage employee leave while remaining compliant with the law. If an employee requests leave under the Family and Medical Leave Act (FMLA), it’s reasonable, and within your rights, to require documentation supporting the medical necessity for their absence. Since FMLA allows up to 12 weeks of unpaid leave, ensuring the legitimacy of the request is essential. However, it’s equally important to stay within the boundaries of state and federal regulations regarding what medical information you can legally request. Lauth Investigations can help you navigate these complexities with professionalism and discretion.
Familiarize employees on FMLA
Is enforcing the Family Medical Leave Act difficult? Not if you have a good team of informed employees. Supervisors being educated about FMLA will make abuse more difficult because the supervisors will know what to look for and how to respond. It will also save time since supervisors will be able to answer employee questions themselves. Keeping other employees informed about FMLA will clear up confusion about what is required for someone to go on leave. Consider training for employees on FMLA.
Take FMLA seriously
Creating an environment that appreciates the seriousness of FLMA will show employees the importance of treating the program with respect. Companies cannot allow FMLA to be treated as a way to get easy time off. Take potential FLMA abuse seriously. Report fraud to the proper authorities and investigate further as needed. It’s unfair to employees and the company when people take advantage of programs like FLMA. It makes it more difficult for honest employees to receive it and costs businesses millions of dollars.
Keep records organized
Kevin McCarthy from the Kalamazoo Human Resource Management Association said, “Many certifications for intermittent leave list the period of the need for the leave as ‘indefinite’ or ‘permanent.’ ..the employee will never have to ask for an extension of the intermittent leave. Unless the employer receives good information that the individual’s medical circumstances have changed significantly or that the need for an intermittent leave is no longer valid, the employee will never have to submit a recertification. In the types of abusive situations discussed above, this is a major problem…”
Employees may only ever file for FMLA once but will remain eligible for the benefits indefinitely. Employers must stay on top of who is and is not certified and for how long. Spread sheets can be particularly helpful for this task. Organizing all of your employees FMLA records into one place will make it easy to quickly identify who is eligible and for how long.