Turbulence dooms flight attendant's FMLA claims

A common problem for HR professionals is how to identify and establish that an employee is abusing her right to leave under the Family and Medical Leave Act (FMLA) or other medical leave. HR professionals aren't doctors and shouldn't try to be. The Americans with Disabilities Act (ADA) and other laws that protect the privacy of employees' medical information establish rules and limits on the information an employer may obtain, and when and how the information may be obtained. But an employer that takes the time to understand the law, implement compliant policies and procedures, and diligently and consistently apply them can more easily identify when an employee is attempting to hijack the process.

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