In the last Advisor, we looked at one expert’s remedies for FMLA headaches. Today we look at her suggestions for dealing with FMLA fraud, and at a new audio conference that deals with FMLA’s most-abused provision—intermittent leave.
Although most employees use FMLA leave appropriately, says Beverly Kish, there are always going to be some who “work the system.” You’ll pick up on most of that if you monitor leaves for patterns that might indicate fraud, she says. Kish, SPHR certified, is director of Human Resources at National Flight Services. Her remarks were reported in a recent issue of BLR’s HR Manager’s Legal Reporter.
Here are the abuse patterns Kish is on the lookout for:
–Monday/Friday absences. The FMLA isn’t a long weekend program, notes Kish.
–Annual timing. When employees take FMLA the same week every year, or always seem to have that medical flare-up between Thanksgiving and New Years, you might be suspicious, says Kish.
–Unreal circumstances. Kish remembers one employee who had a parent in Italy who “got sick” each summer. “Summers in Italy are brutal and the old folks suffer the most,” Kish noted dryly.
–Consistent exhaustion of leave time. If an employee has exactly 12 weeks of health problems every year, that merits investigation.
–Use of FMLA to avoid attendance policies. Some employees’ FMLA requests are surprisingly timed to save them from violating attendance policies.
Changes may be coming to FMLA’s intermittent leave provisions, perhaps as early as this year. Ask about them during BLR’s 90-minute audio conference, Intermittent Leaves: How to Make Sense of the Ridiculously Complex Rules and Prevent Abuses by Employees. Can’t attend? Pre-order the CD. Click for more info.
When you spot these patterns (and you will), says Kish, the first step is to rigorously review the certification. Consider requesting a second opinion from a neutral physician, or even a third opinion for a tie-breaker. These additional opinions are at the employer’s expense, she notes, but they will root out fraud and remind other employees that you mean business.
Then, require recertification every 30 days if the original certification has run out or if you reasonably suspect fraud.
Final Tips from the Field
Kish shared a few miscellaneous FMLA tips for readers.
Headache #1: Intermittent FMLA Leave
Most employers agree that intermittent leave is, by far, the biggest FMLA headache—actually one of the biggest HR headaches, period. Proposed regulations may clarify the rules somewhat, but for most employers, the only big change will be counting in hour increments. That will be a significant relief for employers who’ve had to count in 7-minute blocks but, even for them, tracking intermittent leave will still be a hassle. (Other proposed changes to FMLA are more wide-ranging.)
Where can you get good, practical advice on managing this universal headache? Our editors recommend a special 90-minute audio conference BLR will hold on April 9 titled Intermittent Leaves: How to Make Sense of the Ridiculously Complex Rules and Prevent Abuses by Employees.
How are your managers doing at managing intermittent leave? Not so hot? Here’s hope—BLR’s 90-minute audio conference, Intermittent Leaves: How to Make Sense of the Ridiculously Complex Rules and Prevent Abuses by Employees. Click for more info.
Our expert is an experienced employment law attorney who regularly advises employers on these issues. She’ll explain—in plain English—the three keys to managing intermittent leave:
- What the law requires,
- How to make the appropriate calculations, and
- How to nip employee abuses in the bud.
You’ll also have the chance to submit your own questions on intermittent leave, as well as on proposed or already-in-effect changes to FMLA, via phone or e-mail.
The date is Wednesday, April 9, 2008. The time: 1:30 pm to 3 pm (Eastern Time—adjust for your time zone). As with all BLR audio conferences, one fee trains all the staff you can fit around a conference phone, and your satisfaction is assured or you get a full refund. Can’t attend on that date? Pre-order the conference CD.
For more information on the conference and the experts presenting it, to register, or to pre-order the CD, click here.
What are my options as a co-worker of someone who abuses her leave? Everyone (HR, immediate boss, upper management) is aware but no action gets taken. They are afraid of being sued, yet they have ample evidence of the abuse. I am asked to do her job as well as mine for the 4 months she takes off every winter/spring, claiming she is “sick”. She gets the required doctors notes for a variety of aliments to cover her tracks. Yet her chronic illnesses always take exactly 12 weeks a year of FMLA, plus sick leave, vacation, and additional leave bank hours down to the minute. In my experience, true illness is a bit more random. I am not compensated for the extra responsiblity and this happens every year. I resent it. If i’m going to work both jobs I want some compensation reflecting my level of responsibility.