Family Medical Leave Act FMLA Abuse

The Family Medical Leave Act is a United States federal statute enacted in 1993 to protect employees from negative employment consequences associated with family illness. The FMLA allows covered employees to take... more +
The Family Medical Leave Act is a United States federal statute enacted in 1993 to protect employees from negative employment consequences associated with family illness. The FMLA allows covered employees to take up to twelve weeks of unpaid, job-protected leave, in order to care for a qualified family member or address a personal medical issue.   Situations covered under the Act include: birth of a child and care of a newborn; placement of an adopted or foster child; serious illness of an employee's spouse, child or parent;  serious illness of the employee that affects ability to perform his/her job; situations arising out of an employee's spouse, child or parent's active military service. Employees who take leave to care for a seriously injured family servicemember are eligible for longer periods of covered leave.  less -
News & Analysis as of

Think Like a World Cup Goalie to Avoid the Paralysis of FMLA Abuse

If you’re anything like me, you’ve been swept up in the excitement of the World Cup over the past couple of weeks. However, now that we have entered the Round of 16, one thing leaves me both fascinated and unsettled about the...more

A Triple Dog Dare: Take These Five Steps In 2014 To Drastically Improve Your FMLA Compliance

So here's my Top Five "Fix it or Else" List when it comes to leave management in 2014. How many can you cross off your list by March? Come on, I triple dog dare you...more

What Should an Employer Do When It Suspects an Employee of Intermittent FMLA Abuse?

Employers, does this situation sound all too familiar: that one little elf who has been approved for intermittent FMLA leave and the condition seems to “flare up” at the most suspect times (every Monday and Friday; after a...more

Ways Employers Can Derail The FLMA-Leave Abuse Train

As the holiday season draws near, employers are likely to see an increase in employee requests for time off. Employers should carefully monitor employees who are on or seeking leave under the Family and Medical Leave Act...more

Intermittent Leave Will Test Your Mettle

As the industry continues its steady recovery, automakers and suppliers have been running on all cylinders, with some plants operating 6 or 7 three day shifts per week. This increased workload makes it all the more important...more

Labor Letter - April 2013: Curbing Abuse Of "Intermittent" FMLA Leave

The Family Medical Leave Act (FMLA) allows employees to take 12 weeks of leave for their own or a family member’s serious health condition and up to 26 weeks for military caregiver leave. The leave can be taken in one block,...more

Employee’s Facebook Fumble Dooms Her FMLA Claims

As we have previously mentioned, an employer’s use of social media content has its risks and legal limitations. However, under certain circumstances, an employee’s social media activity may prove relevant to and warrant...more

An Employee Requests And Is Denied Vacation Leave But Later Takes FMLA Leave For The Same Time Period. What Recourse Does An...

This scenario is all too familiar for employers: shortly before Christmas, your employee requests vacation leave for Christmas Eve and New Years Eve. Due to seniority or the employee's last minute request for time off, her...more

A Couple Quick Tips To Fight FMLA Abuse Around The Holidays

Have your employees' absences from work been a bit more frequent lately? And are you tired of the lame excuses they're providing? After all, there are only so many times your employee's dog can knock over the Christmas...more

What!?! Time Caring for Mom in Las Vegas is FMLA Leave

The FMLA just got a whole lot broader. In what might be one of the key FMLA decisions of the year, a federal judge has upheld an employee's right to take FMLA leave to care for her mother during a recreational trip to...more

An Employer's Measured Response to Suspected Workplace FMLA Fraud Wins the Day

The U.S. Court of Appeals for the Sixth Circuit issued its decision in Jaszczyszyn v. Advantage Health Physician Network, 2012 U.S. App. LEXIS 23162 (Nov. 7, 20012), affirming summary judgment for an employer in a case...more

Candid Camera? Not So Much

A picture tells a thousand words. Some of you remember “Candid Camera”, the original reality show that aired in the 1960s and came back for subsequent reruns, where people were recorded reacting to strange and often...more

FMLA Does Not Prohibit Termination Of Employee Who Abuses Leave Or Engages In Misconduct During Leave, Third Circuit Holds

In Warwas v. City of Plainfield, No. 11-1736, 2012 U.S. App. LEXIS 15324, (3rd Cir. July 25, 2012), an employee terminated while on FMLA leave sued for interference with her FMLA rights. The employer asserted it terminated...more

FMLA Does Not Prohibit Termination Of Employee Who Abuses Leave

The FMLA permits eligible employees to take up to 12 workweeks of leave during a 12-month period if a “serious health condition . . . makes the employee unable to perform the functions of [his or her] position.” Employers are...more

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