• FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR

  • LOGIN
  • SIGN UP FREE

HR Morning

  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • More
    • Leadership & Strategy
    • Compensation
    • Staff Administration
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • Employee Services
    • Work Location
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans

7 tactics for preventing FMLA abuse

Dan Wisniewski
by Dan Wisniewski
June 29, 2013
3 minute read
  • SHARE ON

FMLA abuse: With all of the laws out there protecting employee rights, many firms feel it’s a problem they’re powerless to stop. As a result, they don’t closely question employees about their FMLA requests.
But that can be very costly.
Here’s a list of seven ways to prevent FMLA abuse, courtesy of Jeff Nowak of the FMLA Insights blog.

1. Use written leave request forms.

First things first: You can’t deny leave to workers if they give you a verbal notice. But you can ask them to put their leave request in writing.
Requiring that extra step formalizes the process – and when employees realize there’s a paper trail, that discourages them from taking leave they don’t need.

2. Question them, then question them some more.

Some employers think the FMLA regulations don’t allow them to question workers about their medical condition or their need for leave.
But guess what? That’s not true.
Under the FMLA, you have a right to get info from an employee about why they need leave.
Use this short questionnaire next time a worker calls in an absence:

  • What’s the reason for the absence?
  • What essential functions of the job is the worker unable to perform?
  • Will they see a doctor for their injury or illness?
  • Have they taken leave for this condition before? If so, when?
  • When did the worker first learn he or she would need to be absent from work?
  • When will they return to work?

3. Call-in procedures still apply

Don’t forget: You can deny FMLA leave if workers fail to follow your call-in policy.
If you have a policy that says something like, “All employees must call in one hour before their shift starts to report an absence,” it’s generally OK to require employees out on FMLA leave to abide by that policy.

4. Check in periodically

Keeping the lines of communication open can go a long way in preventing FMLA abuse.
Checking in on employees periodically to see how they’re doing is legal – as long as you don’t ask employees to do any work while they’re out.

5. Medical certification is key

A medical certification form is your primary tool against FMLA abuse, so require workers to certify their absence and seek recertification when circumstances change (like if an employee needs an extra day a week of intermittent leave).
Once you inform an employee of the need to obtain a certification, you must give him or her 15 days to get it and return it to you – unless it’s not practicable under the circumstances and the employee is making a good faith effort to return it.

6. Surveillance? Yes, but be careful

Many courts have been supportive of using surveillance when employers think FMLA abuse is rampant.
But be careful: Turning to surveillance too soon when other avenues haven’t been explored – such as checking in with the worker frequently – might make a judge question your motives if an employee sues you.

7. Update your FMLA policy and procedures

Auditing your FMLA policy and procedures probably isn’t your idea of a good time, but making sure your policies and procedures are in line and up to date can prevent any FMLA errors on your end.

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES

Keep Up To Date with the Latest HR News

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Sign up for a free HRMorning membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
HR Morning Logo
  • Facebook
  • Twitter
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • HR Technology
  • Performance Management
  • Leadership & Strategy
  • Compensation & Payroll
  • Policy & Culture
  • Staff Administration
  • Wellness & Safety
  • Staff Departure
  • Employee Services
  • Work Location
  • HR Career & Self-Care

HRMorning, part of the SuccessFuel Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2021 SuccessFuel

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

preloader