by admin_lauth | Nov 11, 2016 | Private Investigations News, Tips & Facts
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 FMLASource 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
If an employee needs to use the FMLA then they should always be required to provide proof of the medical problem causing them to take leave. Workers can take up to 12 weeks of unpaid leave under FMLA so it’s fair for companies to require employees provide adequate proof. Make sure you comply with state and federal regulations governing what medical records you legally can and can’t ask an employee to provide.
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that the individual’s medical circumstances have changed significantly or that the need for an intermittent leave is no longer valid, the employee will never have to submit a recertification.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.
by admin_lauth | Sep 2, 2016 | Private Investigations News
After the 2007 to 2008 financial crisis and subsequent Great Recession, several federal regulations and laws have been put in place to minimize the amount and extent of securities fraud. Security fraud, also known as stock fraud and investment fraud, includes any practice that induces investors to make financial or investment decisions on the basis of false information, particularly in the stock or commodities markets. Government agencies have worked to limit the financial damaged created by fraudulent activities by implementing whistleblower programs that empower and reward individuals who come forward with information regarding securities fraud or fraudulent activities.
The United States’ Securities and Exchange Commission (SEC) has an entire office designated to whistleblowers. The Commission believes that whistleblowers can be invaluable tools, helping the Commission to identify fraudulent activities, naming those involved, and detecting these activities much earlier. A major perk of the whistleblower program is that the Commission has been able to minimize the financial damage incurred by investors due to securities fraud.
The Dodd-Frank Act created in 2010 established the Dodd-Frank Whistleblower Law in order to encourage company employees to come forward with information. The Dodd-Frank Whistleblower Law has given more power to the SEC to detect potentially financially disastrous securities fraud. According to the SEC website, the governmental department “oversees the key market participants in the securities world including securities exchanges, securities brokers and dealers, investment advisors, and mutual funds”. Some states have followed the national government’s model by adopting individual whistleblower programs. Indiana and Utah are two examples of states that have followed the federal government’s example. Edward Siedle, a representative of a whistleblower in Indiana stated “leveraging the power of the whistleblower is tremendously helpful, and it’s not costing the state anything.”
While the Dodd-Frank Whistleblower Law establishes that whistleblowers can and should come forward and any interference by the company in question is strictly forbidden, the law does not force companies to establish their own programs aimed at increasing company transparency. Private Investigators can lobby companies to establish whistleblower programs that will help prevent securities fraud and other illicit activities. By creating company-wide whistleblower programs, companies can save significant amounts of money for the company itself and investors.
The Securities and Exchange Commission Chairwoman Mary Jo White stated in a speech to the Ray Garrett Jr. Corporate and Securities Law Institute at Northwestern University School of Law in Chicago that she “would urge that, especially in the post-financial-crisis era, in which regulators and right minded companies are searching for new, more aggressive ways to improve corporate culture and compliance, it is past time to stop wringing our hands about whistleblowers”. According to Investment News it has been over five years since the SEC created the whistleblower program, and as Chairman White explained the SEC has “seen enough to know that whistleblowers increase our (SEC) efficiency and conserve our scarce resources”. The Chairwoman also noted the importance of individual internal compliance programs in companies. Hiring a Private Investigator to advocate for a company-wide whistleblower programs can prevent costly legal fees, poor publicity, and loss of faith in the company. The financial damage to a company because of securities fraud can be astronomical, and hiring a PI to help the company create or expand a whistleblower program can save companies millions, if not hundreds of millions of dollars.
For More Information on Whistleblower Programs Visit: www.Sec.gov
Tiffany Walker – Blog Writer, Lauth Investigations
