Abusing the provisions of FMLA is more common than you may think. More often than not employees feign health issues to secure FMLA leaves. Some of these attempts go to the extent of committing fraud. However, there are some types of abuse that are more common than others. It is important for employers to know which are the most common of them since that will help them detect those situations as well as people taking the opportunity of those situations.
Types of FMLA Abuse
Here are some of the most common types of FMLA abuse:
Frequently Extending Weekends
Missing Mondays and Fridays consistently are one of the most prominent markers of FMLA abuse. If you find that there is such a pattern in a group of employees or some of the individual employees, you can ask for recertification. However, this can be a marker only if done frequently since you cannot assume that missing Mondays or Fridays is always an intentional act to extend the weekend.
Taking Regular or Intermittent Leaves
Employees are in the habit of taking regular or intermittent leaves without having the underlying health condition for which he or she is taking the leave. Some employers have even hired private investigators to have an idea about the activities of an employee on FMLA leave.
Altering a Medical Certification
Some employees have the habit of altering medical certifications in such a way that their implications go beyond the health care provider’s recommendations, such as falsification of diagnosis. However, this is not just falsification; this is a fraud and for this, the employer has the right to terminate the employee.
Doing Another Job
It is not uncommon for employees to work in another organization while enjoying FMLA leave in one. If you can catch the employee working in another organization, you can prove that since the employee is able to perform essential functions of a job, he or she does not qualify for FMLA leave. However, to do so you need to have conclusive evidence that the employee is committing the abuse.
Not Filling up FMLA Form
To take FMLA leave, employees need to fill up FMLA forms. However, filling up the form means writing about the cause of the leave in detail. This is why some employees don’t fill up the FMLA form beforehand. Rather they do it on their return.
FMLA Fraud and FMLA Abuse
In their zeal to get FMLA leave, employees may commit fraud. So, they can obtain an FMLA leave fraudulently by defrauding the health care provider’s certificate, etc. However, in case they do so it may be termed as a fraud and in that case, the employee loses the job restoration rights enshrined under FMLA. On the other hand, if the employee is not committing any fraud, but is pushing hard to secure FMLA leaves, he or she may retain job restoration rights under FMLA.
Conclusion
Employees are habituated to some tried and tested FMLA abuses since employers are usually hesitant to enquire about them. This calls for a thorough understanding of FMLA provisions by HR personnel.
