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Rachel Burke cites ways to counter FMLA abuse

08/20/2014
Attorney Rachel Burke's comments appear in an HR Hero article that discusses employee abuse of the Family Medical Leave Act. One way to discourage abuse of FMLA is to require employees to be recertified by a second doctor to verify a serious health condition as often as the law allows, Burke says. The employee can be required to change scheduled medical appointments to dates and times when they disrupt their work situations the least. Transferring the employee to another job function is also an option for employers. “Sometimes, though, it may be necessary to check on how the employee is using the time off. ‘If you believe the leave was obtained fraudulently, hire a private investigator to monitor the employee while he is on leave,’ Burke says.”