FMLA Abuse
The Family Medical Leave Act allows an employee to take unpaid leave from his job without fear of being fired. The leave must be for a medical reason, such as the serious illness of the employee or of a family member. Leave can also be taken for the birth of the employee's child or for the final placement of a child the employee is adopting. FMLA is an asset to employees in the U.S., but some workers abuse it.
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Requirements
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An employee and her employer must be covered by the act for her to qualify for leave. Covered employers include all public agencies and private employers who employed at least 50 persons for a total of 20 weeks over the last two years.
Employees must have worked for a year or more and worked at least 1,250 hours prior to the FMLA request. The year of employment does not have to be consecutive; an employee who worked the 12 months for a covered employer over the last seven years is eligible.
Types
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FMLA offers two types of leaves: intermittent and fixed. An employee with intermittent leave is allowed to take hours or even minutes off without advance notice to the employer. Fixed leave is taken in large chunks, such as the full amount of leave the employee is entitled to. Both types of FMLA leave can be abused by an employee, but abuse of intermittent leave is a more common employer complaint, according to W. Melvin Haas III, J.D.
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Effects
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An employee can abuse FMLA by using intermittent leave for personal reasons because no vacation or personal days off are left for the year or to cover chronic tardiness. An employee can falsify the reason for the medical request. An employee with a documented illness who is healthy enough to perform her job is not eligible for FMLA leave, but may be able to take the leave by exaggerating the symptoms to her attending physician.
Considerations
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An employer is allowed to have an FMLA policy that mandates employees spend some or all of their earned personal and vacation time during the FMLA leave; the time runs concurrently with the leave. The employer can request medical certification from the employee's physician for the leave every 30 days once the leave is in effect. The employee is responsible for obtaining medical certification, so the requirement may deter abuse.
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