No More Half Measures: A Case-Based Approach for Addressing FMLA Abuse

Source: Dana S. Connell, Employee Relations Law Journal, Vol. 39 no. 4, Spring 2014
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This article recognizes the reality of Family Medical Leave Act abuse and the frustration employers experience when they restrict themselves to the few options for addressing that abuse expressly contained in the FMLA regulations. The cases relied upon in this article serve three important purposes. First, they confirm that employees are abusing FMLA. Second, they identify the lawful options that an employer may take to obtain “line-of-sight” to the employee’s activity while on leave. Third, and finally, they identify a process for preparing for, and then dealing with, FMLA abuses.