Preventing FMLA Abuse and Winning FMLA Disputes

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How can a San Diego employer succeed at preventing FMLA abuse and winning FMLA disputes before they ever reach litigation?  It is possible, even in California’s “employee leaning” atmosphere to hold employees accountable to FMLA laws and regulations, prevent abuse and avoid the threat of an FMLA investigation or lawsuit.  What are some ideas for decreasing FMLA abuse and disputes?

  1. Provide clear and consistent policies and procedures on the FMLA process, and require employees to submit leave requests in writing on your own forms.  You may not be able to legally decline a valid leave request, but requiring employees to submit leave requests in writing forces employees to disclose information that may discourage them from trying to abuse this law.  Ask for permitted documentation and follow through so that word spreads through the organization that your company is fair on FMLA policies, but facts are checked to confirm eligibility.
  2. Require employees to certify their absence.  FMLA provides the employee 15 days to provide certification once you request it.  Request it in every case, in writing.
  3. Implement and Enforce a call-in Policy.  It is legal to require employees to call in at least one hour prior to when their work is to begin if they intend to miss work.  Enforce this consistently across the board.  If you have a call-in policy it can be enforced upon those who are out on FMLA.  If they do not call in you have established a foundation for denying FMLA leave for that day, as long as extraordinary circumstances do not apply.  The employer defense attorneys at the Watkins Firm can guide you in the establishment and implementation of this policy.  The simple act of having to call in every day can prevent abuse of FMLA.
  4. San Diego employers have the right to ask questions of those who are requesting leave, as long as they do not cross specific medical boundaries.  Watkins Firm attorneys help to develop a list of questions for those on leave including “What part of the job are you unable to perform?” “Will you see a doctor?” and “when do you expect to return to work?”  Document answers carefully and consistently and the abuse will not only become evident, you will have the evidence necessary to refute it.

These are challenging times for San Diego employers, and the attorneys at the Watkins Firm are committed to help our clients with their goals of preventing FMLA abuse and winning FMLA disputes.  We invite you to contact us for a free and substantive consultation at 858-535-1511.