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How to Wipe Out Fraud and Abuse Under FMLA

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in FMLA Guidelines,HR Management,Human Resources

by The HR Specialist Employment Law newsletter


Use of the medical certification process is the biggest weapon employers have in combating potential fraud under the Family and Medical Leave Act (FMLA). It gives you the right to obtain information from the employee’s physician about the medical condition and, at least for the first certification, to obtain a second or third opinion from an independent physician.

Because of the strict limits on what an employer may ask an employee, the following steps are important parts of an effective anti-fraud program:

1. Obtain a medical certification for each request for leave due to a serious health condition. It’s important that the employer’s sick leave or attendance policies require a doctor’s certification for all absences of three or more days for the leave to be excused. If there is no such requirement and the employer intends to require paid leave to run co...(register to read more)

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