InstituteIn Depth (Level 3)Family and Medical Leave Act (FMLA)Family and Medical Leave Act (FMLA)EnglishAnalysisFocus AreaUSA
Watching for abuse
['Family and Medical Leave Act (FMLA)']
- Employers may watch employees for patterns of absence as indicators of FMLA abuse.
Watch for patterns of absence, such as those occurring predominately on Fridays or Mondays (or both), or before and after a holiday. Such patterns could be a sign that an employee is looking to stretch out a weekend or holiday. Taking Family and Medical Leave Act (FMLA) leave the same time each year may also be a sign of potential abuse.
Listen to what other employees are saying about someone who is on leave. Coworkers can provide information about employees who are supposed to be out on leave, but the coworkers saw the employees doing something contradictory to the certified reason for leave.
If abuse is suspected, investigate. Talk to the employee in question. Often, such heightened attention will call the employee’s bluff.