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FMLA (Family and Medical Leave Act) is a federal law that protects both employers and employees by giving them 12 weeks of unpaid leave every 12 month period. It allows employees to care for their own "serious medical condition" or a family member's "serious medical condition", while protecting their employment status. However, a small handful of employees take advantage of FMLA leave and abuse it. Here's a quick guide on how you can prevent FMLA abuse in the certification process.


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EditSteps

  1. Prevent FMLA Leave Abuse Step 1.jpg
    1
    Check the return date on the FMLA certification form. Once you find out about the leave, give the employee a certification form to the employee and you tell them they have 15 days to get it back to you. The employee has 15 days to return the completed form to their employer.
  2. Prevent FMLA Leave Abuse Step 2.jpg
    2
    Review the FMLA certification form thoroughly. See if it has enough information on the length of treatment for the condition. If it doesn't have enough information on it, you can either seek clarification.
  3. Prevent FMLA Leave Abuse Step 3.jpg
    3
    Call the employee's health care provider and find out what is needed for the serious health condition clarification and find out information you need to make the call on their FMLA leave. Have your in-house healthcare provider, another healthcare provider paid for by the company, or a designated manager or HR team member-who is not in a direct reporting relationship to the worker requesting FMLA leave-make the call
  4. Prevent FMLA Leave Abuse Step 4.jpg
    4
    Seek a second FMLA leave certification from your medical provider if you believe the certification is inaccurate. However, your company will have to absorb the cost. *If there's a disagreement between the first and second opinion, and you really suspect that there's an issue there, you send them to the third opinion. And don't forget the third opinion is final and binding.*


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EditTips

  • With the initial FMLA certification, employees have 15 days to return the form
  • Employers have to make the initial decision on FMLA leave within 7 days
  • Your company's HR team/medical staff/ or designated manager can call the medical provider for clarification. But the manager call can't be the employee's direct report

EditWarnings

  • The company pays for the second and third certification

EditThings You'll Need

  • FMLA forms 380 E(employee certification) or 380 F( family member certification)

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Categories: Stub | Business | Legal Matters

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