Posted by: Jennifer Milligan
March 06, 2006

One of the questions we often get from employers is how to control FMLA leave because it seems so easy for employees to take leave under the FMLA.  After thinking this question through, we feel the following tools can be used to manage suspected abuse of FMLA leave.

1. Obtain as much information as possible directly from the employee when the employee requests leave.
2. Provide the employee’s health care provider with a list of essential functions rather than relying on the employee to provide the information.
3. Insist on complete medical certifications. 
4. Require certifications as often as permissible.
5. Use an employer designated health care provider to consult with on questionable cases.
6. Require an employee to use paid time off for FMLA leave.

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