How to Identify and Investigate FMLA Abuse and Workers Comp Fraud

Let's face it; HR has a lot to manage today when it comes to compliance. However, managing FMLA and specifically employees' abuse of intermittent leave under the FMLA is at the top of the list of HR challenges. Today, it isn't uncommon for employees to game the system by "calling in FMLA" for just 15 minutes to avoid a written warning for tardiness. And, it also isn't uncommon for employees to call in sick; yet, post photos and comments on social media about how they are enjoying their "day off." This is frustrating for everyone else back at work to see how the "gamers" are getting away with these types of abuses. So, what is HR to do?

Even though the FMLA regulations are complex and there are ways that employees can manipulate their leave time, it doesn't mean there aren't ways to combat the "gamers." This training session will help you understand some of the basic compliance obligations under the FMLA, changes to the law that have given more leverage to employees-and how to investigate potential abuse and fraud cases.

• Identify employer obligations under the Family and Medical Leave Act
• Recognize the most common abuses of FMLA and why it's happening
• Develop strategies for helping managers identify the "red flags" of FMLA abuse
• Changes to the FMLA that give employers leverage in managing abuse
• Company policies you must have in place to effectively manage FMLA leave-and abusers of leave
• Determine how to leverage your internal resources to prevent FMLA abuse
• Identify individuals you need to involve in an internal investigation
• Recognize the basic steps in how to conduct an effective investigation and how to acquire physical, documentary, and testimonial evidence
• How to take effective steps for managing FMLA abuse investigations
• Recognize the risks in just getting testimonial evidence to support an FMLA abuse case
• How to evaluate investigative findings and prepare a report that is court-ready

It is unfortunate that HR professionals actually have to manage abuse of employee leave - but it is a reality, as more and more employees utilize the FMLA as a means to avoid disciplinary action for poor attendance and tardiness. But what can HR do? Well, a lot.

Even though the FMLA regulations are complex, confusing, and present loopholes that are easy to exploit, companies should not be reluctant to deny leave or terminate troublesome employees for fear of being sued.

Attend the session to identify exactly what you can do – and how to take decisive action in even the most delicate situations.

• HR Generalists
• HR Managers
• HR Directors
• HR Vice Presidents
• Employee Relations Managers
• Labor Relations Managers
• Employee Benefit Specialists
• FMLA Coordinators
• FMLA Leave Managers
• HR Professionals
• FMLA and Leave Management Coordinators.

Natalie Ivey, MBA, SPHR, SHRM-SCP, is the president and CEO of Results Performance Consulting, Inc., (Rpchr.com), a company she founded in 2002. Natalie is an HR consultant, professional speaker, author, and educator within the HR profession. She designs and delivers targeted results-focused leadership, and professional development training programs, and works with organizations to address destructive leadership behaviors and organizational dysfunction. She assists clients in developing internal processes and capabilities within HR, risk management, and ethics departments to improve compliance with U.S. laws. 

Natalie is a subject-matter expert on managing employee relations and implementing processes to increase the effectiveness in conducting investigations involving allegations of harassment, discrimination, and retaliation. She is the author of two books: How to Conduct Internal Investigations: A Practical Guide for Human Resource Professionals and How to Keep HR From Being The Employee Complaint Department, both of which have received excellent reviews from SHRM, as well as HR and Employee Relations’ professionals. She is a dynamic and engaging speaker, who is known for her sense of humor and the "tell-it-like-it-is" approach to teaching HR education.