It is unfortunate that HR
professionals have to manage abuse of employee leave, but it is a reality, as
more employees use the FMLA to avoid disciplinary action for poor attendance
and tardiness. But what can HR do? Quite a lot.
Even though the FMLA
regulations are complex and present loopholes that are easy to exploit,
companies should not be afraid to deny leave or terminate troublesome employees
for fear of being sued. FMLA abuse is an issue wherein employees take undue
time off by abusing their rights under the Family and Medical Leave Act. It is
often challenging to address because many rules protect employee rights.
The FMLA may grant up to
12 weeks of unpaid leave to specific staff members employed by covered
employers each year. Companies must also offer health benefits when the worker
is actively working. Public organizations, including state, local and national companies
and public school systems, are examples of covered employers.
·
Strategies for identifying abuse
·
How to identify, investigate and meet
compliance standards
·
Employer obligations under the Family and
Medical Leave Act
·
The most common abuses of FMLA and why it
happens
·
How updating FMLA policies and regular
training provides a first line of defense
·
How appropriate documentation is a key
factor in confirming compliance
·
Leveraging internal resources to prevent
FMLA abuse
·
Individuals to involve in an internal
investigation
·
Basic steps in conducting an effective
investigation and acquiring evidence
·
How to confirm compliance of FMLA by
third-party vendors
·
When to effectively terminate an employee
during FMLA
·
Steps in managing FMLA abuse
investigations
·
How to evaluate investigative findings and
prepare a regulatory report
Unfortunately, FMLA abuse
occurs. When companies catch it, the cases often end up in court, where the
company can only prevail if they can show that they meticulously recorded the
leave, conducted a thorough investigation, and established beyond doubt that
the abuse occurred.
Although employee rights
are well guarded, you, as an employer, have legal options available when
dealing with FMLA abuse, provided you have substantial proof to back up your
claims. With the correct strategy and workforce management, you won’t need to worry
about FMLA abuse cases much.
·
All Employers with 50+ employees
·
All Employers with 40+ employees who will
meet FMLA requirements next year
·
Company Leadership
·
Compliance Professionals
·
Payroll Administrators
·
HR Professionals
·
Managers/Supervisors
JIT Compliance is recognized by SHRM to offer Professional Development Credits (PDCs) for SHRM-CP® or SHRM-SCP® recertification activities.
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