FMLA abuse is one of the newest areas of benefit misconduct among covered employees. Factors like pending workforce reductions & wage cuts have given rise to employee abuse of the FMLA system. The benefits to the employee are significant; keep your job and take time or make extra money when the opportunity allows. Of course the cost to employers is astronomical.

FMLA allows the qualified employees to take off up to 12 weeks of work in a 12-month period and not lose their job. The employer is not required to pay the employee for the entire 12 week period; however they must keep the employee’s job. Only companies with 50 or more employees are required to comply with the FMLA provisions.

The law itself has few provisions to help curb FMLA abuse. It does allow the employer to require the employee to provide medical certification to validate their need for medical leave; however many of the covered illnesses are medical conditions that wouldn’t necessarily prevent the employee from continuing to work. In these cases, employers need to use surveillance services to document the employee’s activity while they are on FMLA leave.

When surveillance captures evidence of an employee abusing the FMLA provisions, companies can be aggressive to terminate the employee. Word will spread quickly among the other employees that the company has a firm stance on FMLA abuse. This will give the company the added benefit of deterrence.

Many employers believe that their hands are tied when it comes to dealing with FMLA abuse; however, nothing could be farther from the truth. Chicagoland Investigative Services has extensive experience in assisting employers in documenting FLMA abuse within a wide variety of industries including those employing an organized workforce. Not only will we be able to capture the necessary evidence on video, we will be ready testify in front of labor or arbitration boards to further help your defense of this problem.

Chicagoland Investigative Services is your partner in the fight against fraud, waste and abuse.

Contact us today to see how we can help you. 800-556-8289

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