If an employer suspects that an employee is abusing FMLA leave, the employer can – and perhaps should – investigate. When an appropriate investigation yields reasonable evidence that an employee has misused FMLA leave rights, the employer may benefit from the “honest disbelief” defense for any disciplinary action taken. “An employee who fraudulently obtains FMLA leave from an employer is not protected by FMLA’s job restoration or maintenance of health benefits provisions.” 29 C.F.R. The FMLA regulations support an employer’s right to deny FMLA protections to an employee who is misusing FMLA leave: “he FMLA does not require an employer to ignore human nature and assume that each of its employees always tells the truth.” Nelson v. Although there are limits, employers have more latitude to investigate possible FMLA misuse than many realize. Most employers are hesitant to investigate because they fear an FMLA claim. Investigations of suspected FMLA abuse - YES YOU CAN!Īs an employer, you have a right to prevent employees from abusing FMLA leave, including the right to investigate suspicious leave usage. For starters, let’s talk about investigating FMLA abuse.
Answers to tough absence and accommodation questions.Department of Labor and the Equal Employment Opportunity Commission New or amended leave of absence or accommodation laws and regulations.
Topics will include FMLA and state leave laws, ADA and state equivalents, guidance on accommodations (including pregnancy issues), workers’ compensation, and other timely subjects. In this inaugural blog post, I want to share what you can expect from Matrix-Radar in the coming weeks. Welcome to – your new source for reliable, pertinent, and timely information about managing employee leaves of absence and accommodations. Posted By Marti Cardi, Esq., VP – Product Compliance, Matrix Absence Management
0 kommentar(er)
