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10 Ways Employers Can Curb Intermittent FMLA Leave Abuse

It is undeniable that the Family Medical Leave Act (FMLA) has a legitimate purpose and many employees benefit from its protections, writes Melissa Dials, of counsel at the Cleveland office of Fisher Phillips for the Ohio State Bar Association. She points out, however, that there also are employees who abuse the law’s protections.

“This is particularly true of those who use intermittent FMLA leave when vacation or personal time is not available. Such abuse is disruptive to the work environment and can leave many managers frustrated. Fortunately, the FMLA regulations provide a number of tools that employers can utilize to curb FMLA leave abuse within the workplace,” she explains.

She discusses 10 pieces of advice: certify and recertify, ask for a second opinion, establish and enforce call-in procedures for all absences, require use of paid leave, count all absences related to the condition, require employees to schedule medical appointments around work schedule, consider temporarily transferring employees who take foreseeable intermittent leave, establish a policy prohibiting employees from working a second job while on leave, follow up on suspicious circumstances, and train front-line supervisors.

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