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FMLA Abuse- How to Identify, Deny and Terminate

Learn how to identify, investigate, and terminate FMLA abusers and when to deny FMLA requests in accordance with the law.

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FMLA Abuse- How to Identify, Deny and Terminate

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  1. FMLA Abuse- How to Identify, Deny and Terminate

  2. What is FMLA? Family and Medical Leave Act of 1993 (FMLA) : • Administered and enforced by U.S. Dept. of Labor’s Employment Standards Administration, Wage and Hour Division • Entitles eligible employees to take up to 12 weeks unpaid leave • Allows employees to balance work and family life • Minimizes employee discrimination while promoting equal employment opportunities for men and women

  3. Whom Does FMLA Apply To? FMLA applies to: • State and local government employees • Employees in local education agencies (schools) • Private-sector employers with 50 or more employees

  4. How to Identify FMLA Abuse? If the employee has pattern of absences: • Weekends • Holidays • Every other Wednesday • Seasons • Job Assignment

  5. When to Deny FMLA Request? • Employee does not meet the requirements • Certification does not qualify for FMLA • Call-off is not for approved certification • Employee refuses to submit certification from health care provider

  6. Terminating Employees on FMLA • Employees does not return to work after FMLA leave • Misconduct, i.e., theft, excessive absenteeism (based on the policy), insubordination, etc. • Other unrelated reasons Make sure to follow policy and keep detailed documentation

  7. Want to learn more about FMLA, its requirements and best practices to comply with them? ComplianceOnline webinars and seminars are a great training resource. Check out the following links: • Understanding FMLA • FMLA Abuse: How to Identify, Investigate, Deny, and Terminate • How to Manage Employee Leaves, Health Issues and Job Accommodation • Roadmap of California Leaves • FMLA/ADA Crossover: Coordination, Management, and Compliance Strategies • Risk Management for Human Resources

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