One of the biggest FMLA frustrations for employers is knowing what to do with an employee who appears to be abusing the law’s protections or, even worse, fraudulently using approved leave for non-FMLA purposes.
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Although DOL regulations attempt to provide employers with tools to manage and control such behavior, many employers still frequently feel helpless. There is no one foolproof remedy or strategy for handling such issues, but the following are a few techniques employers have found helpful.
First and foremost, just because employees are on FMLA leave doesn’t mean they are rendered immobile, confined to bed at all times.
It also does not mean the employees can never leave a seriously ill family member they have been approved to care for during an FMLA leave. So, for example, seeing employees at the mall while they are on FMLA leave does not mean they are committing FMLA fraud, or even abuse. Even if an employer or co-worker sees an employee working at the mall, he or she may not be committing fraud.