Stop FMLA/CFRA Abuse: Tips for Combating Fraudulent Call-Ins and Monday/Friday Syndrome at Your Workplace

Listen Now!

When an employee presents a medical certification stating “time off as needed,” you may cringe. That's an understandable reaction considering that note could become the thorn in your side the employee takes intermittent leave under FMLA, but chooses to abuse the time off by repeatedly calling out.

Sometimes the writing is on the wall, such as those patterns of Monday/Friday absences and midday doctor’s appointments. Some abuses may be more subtle, but regardless of what the employee is doing to work the system, the question is what you, as the employer, can legally do about it.

The good news is there are several tactics you can use -- from switching to the rolling-year calendar to aggressively, uniformly, and consistently enforcing their call-in procedures with regard to the entire workforce and scrutinizing those medical certifications -- to make sure they provide the information necessary to designate an absence as protected leave.