Put a dozen human resources professionals together and ask them about problems related to the Family and Medical Leave Act (FMLA), and you’re likely to hear many dozens of stories. The rules can be complicated and intricate, and unscrupulous employees manage to find creative ways to take more leave than they’re entitled to have.
Recently, attorneys accustomed to FMLA abuse were asked what to do about an employee suspected of abusing his FMLA leave. The employer felt that whenever the employee wanted to take time off and his request was denied because the company was struggling through a busy time, the employee would just call in and report his absence as FMLA leave. The employer wanted to know what precautions to take to avoid FMLA abuse.