The Family and Medical Leave Act (FMLA) is proving to be beneficial for many employees who have some medical emergencies in the family or in personal. But, there are some employees who are misusing the act and abusing the law’s protections. Mainly, the abuse occurs in the intermittent FMLA leave where the time of leave is very flexible. Such abuses make the work environment very disruptive and also prove to be frustrating for company managers.
To stop such type of abuse the FMLA regulations provide various tools that the employers can use to stop the abuse.
Medical Certification Form
The employers must obtain the medical certification form from their employees who want intermittent FMLA leave. The employers must check on all the information necessary to determine whether the employee suffers from any serious medical issue entitled to leave. Employers can deny the leave request if the employee does not return the certification. An employer can also request additional details if the certification is incomplete or has ambiguous entries.
Ask for the Second Opinion
If the employer is not satisfied with the submitted certification then he can take a second opinion from the health care providers.
Count all the Absences Related to the Condition
After the completion of the certification, employers must establish a process to track down the number of absences related to the condition. When the absences are tracked it becomes easy to count the number of leaves against the employee’s FMLA entitlement.
Take Medical Appointments that Least Affects the Work
An employer can ask the employee to take medical appointments around the work time so that the work is least affected. The timing to meet the doctor can be then scheduled in such a way that least disrupts the employer’s operations.
Consider the Temporary Transfer of Such Employees
An employer can temporarily transfer the employee who often takes intermittent FMLA leave to an alternative position that accommodates the employee in a better way. In the alternative accommodation, the pay and the benefits are the same but the employee may not have an equivalent duty.
Establish a Policy to Prevent the Employee Intermittent FMLA Leave to Work on a Second Job
Some employees start working on the second job by taking advantage of the intermittent FMLA leave. Therefore, an employer can have a written policy signed by the employees that prevent them from working on the second shift while on FMLA leave.
Follow Up on Suspicious Circumstances
Where on a few cases the employer finds suspicion then he can take follow-ups. He can check on the doctor’s report and also talk to the related people directly. If the employer is confirmed regarding the misuse of the FMLA leave then he can immediately terminate such leave.
Conclusion
All of the above measures prevent employers from intermittent FMLA abuse. For managing the process well, the employers need a set of well-trained supervisors who can act proactively to check on the abuse. Such supervision and follow-ups can be proved to be helpful in checking on any abuse effectively.
