FMLA Abuse: Detection, Investigation, and Legal Compliance

HR & Payroll
Mar 3rd 2025 01:00 PM ET
Margie Faulk
90 Minutes

Details

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.

Key Areas

·       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

Why Should You Attend

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.

Who Should Attend

·       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

 

 

Credits

  • JIT Compliance is recognized by SHRM to offer Professional Development Credits (PDCs) for SHRM-CP® or SHRM-SCP® recertification activities.

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Margie Faulk

PHR, SHRM-CP HR Compliance Advisor
Margie Faulk is a senior-level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors. Margie has provided small to large businesses with risk management strategies that protect companies and reduce potential workplace fines and penalties for violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural. Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management. Margie is a speaker and accomplished trainer and has created and presented compliance seminars/webinars for over 16 US and International compliance institutes. Margie has testified as a compliance subject matter expert (SME) for several regulatory agencies and against regulatory agencies, thank goodness not on the same day. Margie offers compliance training to HR professionals, business owners, and leadership to ensure compliance with workplace regulations. Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part of an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace, Volatile Termination E-Book, and other compliance program tools when attendees register and attend Margie’s training. Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).

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