--- title: What Is FMLA Abuse? A Comprehensive Guide --- # What Is FMLA Abuse? A Comprehensive Guide Last Reviewed: March 4, 2026 8 min read [11 comments](https://www.selecthub.com/workforce-management/fmla-abuse/#comments) [ ![Madhurima Dey](https://www.selecthub.com/wp-content/uploads/2021/09/Madhurima-Headshot-96x96.jpg) ](https://www.selecthub.com/author/madhurima-dey/) [Written by Madhurima Dey](https://www.selecthub.com/author/madhurima-dey/) Technical Content Writer [ ![Ryan McElroy](https://www.selecthub.com/wp-content/uploads/2021/06/Ryan-McElroy-Headshot-96x96.jpg) ](https://www.selecthub.com/author/ryan-mcelroy/) [Edited by Ryan McElroy](https://www.selecthub.com/author/ryan-mcelroy/) Content Editor Table of Contents * [What Is FMLA Abuse?](#What%5FIs%5FFMLA%5FAbuse "What Is FMLA Abuse?") * [FMLA Fraud vs. FMLA Abuse](#FMLA%5FFraud%5Fvs%5FFMLA%5FAbuse "FMLA Fraud vs. FMLA Abuse") * [Precautions](#Precautions "Precautions") * [Uncover FMLA Abuse](#Uncover%5FFMLA%5FAbuse "Uncover FMLA Abuse") * [Steps To Stop FMLA Abuse](#Steps%5FTo%5FStop%5FFMLA%5FAbuse "Steps To Stop FMLA Abuse") * [Seek Alternatives](#Seek%5FAlternatives "Seek Alternatives") * [Demand Paperwork](#Demand%5FPaperwork "Demand Paperwork") * [Require Call-ins](#Require%5FCall-ins "Require Call-ins") * [Exhaust Vacation Time First](#Exhaust%5FVacation%5FTime%5FFirst "Exhaust Vacation Time First") * [Talk With Employees](#Talk%5FWith%5FEmployees "Talk With Employees") * [Investigate Employees](#Investigate%5FEmployees "Investigate Employees") * [Reward Employees](#Reward%5FEmployees "Reward Employees") * [Relocate Employees Temporarily](#Relocate%5FEmployees%5FTemporarily "Relocate Employees Temporarily") * [Conclusion](#Conclusion "Conclusion") Unfortunately, FMLA (Family and Medical Leave Act) abuse occurs. When companies do catch it, the cases frequently end up in court, where the company can only prevail if they can show that they meticulously recorded the leave, carried out a comprehensive inspection and were able to establish beyond a possible suspicion that the abuse occurred. Although employee rights are well guarded, you, as an employer, have legal options available when dealing with FMLA abuse, provided you have substantial proof to back up your claims. With the correct strategy and [workforce management software](https://www.selecthub.com/workforce-management-software/), you won’t need to worry about FMLA abuse cases much. [Compare Top Workforce Management Software Leaders](https://pmo.selecthub.com/top-workforce-management-software/) ![What Is FMLA Abuse?]() ## What Is FMLA Abuse? FMLA abuse is an issue wherein employees take undue time off by abusing the Family and Medical Leave Act rights. It is often challenging to end it because so many rules protect employee rights. The FMLA, or the [Family and Medical Leave Act](https://www.dol.gov/agencies/whd/fmla), may grant up to 12 weeks of unpaid leave to specific staff members employed by covered employers each year. Companies must also offer health benefits when the worker is working actively. Public organizations, including state, local and national companies and public school systems, are examples of covered employers. Private employers must also offer FMLA leaves if they have 50 or more employees for at least 20 weeks (or in the prior year). The FMLA provides leave in the event of severe disease, the birth and care of a newborn baby, the placement or adoption of a child, or the need to provide for a member of one’s immediate family with a critical medical condition. It is also possible to take [intermittent leave](https://factorialhr.com/blog/intermittent-leave/) for severe illness. Intermittent leave appears to be the main offender for FMLA abuse. Employees who take intermittent leave sometimes stretch out their FMLA-eligible leave several times rather than taking it all at once and for one particular reason. Due to the complexity of the FMLA, many employers are reluctant to pursue employees, even when they are blatantly abusing their leave. There are two main issues here: * There is no minimum duration of time that employees are entitled to intermittent leave under [FMLA regulations](https://www.dol.gov/general/topic/benefits-leave/fmla). * The medical issues most frequently linked to intermittent leave, such as migraines, can be challenging to prove. Coworkers who are often required to perform extra work due to some employees taking unneeded leave may resent the coworkers they’re covering for. If they see the responsible party out and about or on social networking sites looking perfectly fine, they will have no qualms about alerting their superiors. This resentment can also affect the employee’s job satisfaction, productivity and skill development. ### FMLA Fraud vs. FMLA Abuse Employees who fraudulently request FMLA leave from their employers are not entitled to any FMLA benefits or employment restoration rights. To put it another way, this employee is guilty of forgery or scams, so the company can terminate them. Falsifying certification records or documents is one type of FMLA fraud. Contrarily, FMLA abuse happens when a worker makes improper, disproportionate or excessive use of the system. Without actually defrauding, someone might be going above and beyond. They may still be eligible for reinstatement and leave. ### Precautions You, being the employer, must exercise caution and ensure that they fully comprehend the laws regulating FMLA abuse before proceeding. For example, professionals who are the primary caregiver for a sick family member may ask for time off to care for them even if there are no medical issues. The care duties don’t need to be connected to medical assistance, nor are they permanently restricted to any particular location. Employees can even take advantage of FMLA leave to travel with disabled people to meet their regular dietary, hygienic and health care needs. You must proceed with caution when handling FMLA abuse, but you can take some steps to solve the issue. The essential elements for success are: * Ensuring that employees in the organization are thoroughly knowledgeable about FMLA regulations. * Dealing with the issue carefully rather than quickly. [Get our Workforce Management Software Requirements Template](https://pmo.selecthub.com/workforce-management-reqs-onsite/) ## Uncover FMLA Abuse Courts have upheld the concept that employers who have cause to believe a worker has violated the FMLA have every right to put that worker under observation, including employing a third party to record every action the worker takes in public on audio-free video recording. ![Reasons for FMLA abuse Suspicion]() However, before doing so, you might need to provide compelling reasons for suspicion, such as: * **Showing Absence Patterns:** Staff members frequently miss work beyond their supposed time off days. * **Taking Longer Absences:** Employees take leaves more often than reasonable given their condition, and for longer time periods. * **Missing Friday and Monday:** Often referred to as the Friday and Monday Leave Act, a sign of FMLA abuse may be when employees take leave after disagreeing with new job tasks, or they frequently ask for Friday or Monday off. You can’t suspect that these actions constitute abuse of absence. Instead, you must decide if the FMLA protects the worker and if the time off was legitimate. * **Altering Medical Certificates:** Falsifying a diagnosis or distorting a medical certification to take leaves or stretch beyond what the medical professional noted. Actually, this goes beyond abuse and constitutes fraud, in which case you can terminate the employee’s employment. * **Performing Similar Duties at Another Job:** Performing the same duties at a different job while on FMLA/CFRA leave (which reflects that the individual can accomplish the essential job duties and thus may not qualify for the leave). Be cautious, though, as there may be other factors that may not be sufficient proof that the employee is abusing the system. * **Recertifying Leaves Taken:** The circumstances outlined in the earlier certification have substantially changed (such as the length or frequency of the absences), and you have received information that raises questions about the employee’s claimed cause of the absence or the certification’s continued validity. * **Failing To Provide Certifications or Recertifications:** If an individual fails to submit a certification or recertification within a reasonable time frame citing the specific circumstances and conditions. [Get our Workforce Management Software Requirements Template](https://pmo.selecthub.com/workforce-management-reqs-onsite/) ## Steps To Stop FMLA Abuse Sending the message that you are keeping an eye on abusers can aid them in stopping. Acquiring medical credentials and recertifications for severe illnesses and having thoughtful conversations with staff who may be abusing FMLA time off can help send this message. ![Steps to Stop FMLA Abuse]() You can take measures to substantially reduce or even completely eliminate FMLA abuse. ### Seek Alternatives Check to see if there might be solutions if workers claim that problems at work are making them sick enough to need time off. For instance, those who experience migraines may profit from scent-free workspaces, changing fluorescent lamps for something more conducive to productivity or even something as basic as a noise-canceling headset. ### Demand Paperwork Demand that employees complete forms when requesting time off. It is frequently sufficient to prevent excessive absences by requiring a written request for the leave. Additionally, this can enable HR employees and supervisors to have leave records when looking into FMLA abuse. ### Require Call-ins You may insist that FMLA leave be subject to the standard call-in strategy. Employees who don’t report to work sick could be denied FMLA leave by their employer, barring unusual circumstances. Once they know they must call each day they are off work; many people will be reluctant to misuse their FMLA rights. ### Exhaust Vacation Time First According to regulations, FMLA leaves must be taken uncompensated. Employers are permitted to demand that their staff members exhaust all of their paid time off before beginning unpaid FMLA leave. ### Talk With Employees It would help if you confronted employees who you suspect of abusing leave. Evaluate the FMLA policy, reiterate the call-in prerequisites and establish expectations for the details the worker would provide when calling in an absence. ### Investigate Employees You should identify FMLA abuse-related problems and refer them to your HR department or a lawyer for analysis. You ought to look into the matter and speak with the person who might be abusing FMLA leave first. Suppose a staff member is penalized or fired for violating the FMLA and they later sue your company. In that case, you can rely on an honest-belief defense if the investigation into any suspected abuse is detailed. ### Reward Employees Implement rules for continually rewarding productive workers who are rarely on leaves. For instance, give a bonus or other rewards based on the accomplishment of a goal (e.g., hours worked, sales made or total attendance). It might trigger employees who fail to achieve that goal due to their FMLA absences. ### Relocate Employees Temporarily If an employee needs intermittent leave, you may temporarily move them to another open position for which they are qualified, provided that work has comparable pay and benefits. Ensure the transfer or relocation is better suited to accommodating recurring leave intervals than the employee’s primary job position. [Compare Top Workforce Management Software Leaders](https://pmo.selecthub.com/top-workforce-management-software/) ## Conclusion The FMLA has allowed many employees to abuse their employer’s leave of absence policies. This article gave you an overview of the details you’ll need to know to take charge immediately and stop this FMLA abuse. Use the advice provided to you to prevent your employees from abusing their FMLA leave and ensure your business operates legally. How does your company deal with FMLA abuse? 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Contributions from Madhurima Dey, and Ryan McElroy. ## About the Contributors The following team members helped research, create, and review this content. [ ](https://www.selecthub.com/author/madhurima-dey/) Written by [Madhurima Dey](https://www.selecthub.com/author/madhurima-dey/) Technical Content Writer Madhurima Dey is an India-based content creator specializing in Technical Content Witing. She currently produces content on the HR and workforce management spaces that builds knowledge and enables buyers to make better strategic decisions while buying software. She also has a passion for interviewing, financial writings, journaling and investigative analysis. [See Full Bio](https://www.selecthub.com/author/madhurima-dey/) [ ](https://www.selecthub.com/author/ryan-mcelroy/) Edited by [Ryan McElroy](https://www.selecthub.com/author/ryan-mcelroy/) Content Editor Ryan McElroy is a Content Editor and Senior Market Analyst at SelectHub who writes and edits content on various software types, along with their broader concepts and the industries they serve, including medical, construction, CMMS, supply chain management and legal. He studied at the University of Missouri (Mizzou) and earned his BA in Journalism in 2016\. During his free time, you’ll find Ryan playing video/card/board games, sipping coffee and reading speculative fiction, or listening to music his loved ones often describe as “headache-inducing.” [See Full Bio](https://www.selecthub.com/author/ryan-mcelroy/) Kristin EriksenEffectively Manage Employees Using Software Technology * ‹ * › ### Conversation (11) ![Avatar](https://secure.gravatar.com/avatar/281d3616cf761f3582c0d76c23517846?s=32&d=mm&r=g) Write a response [Cancel reply](https://www.selecthub.com/workforce-management/fmla-abuse/#respond) Your message Your name \* Your email \* Website Save my name, email, and website in this browser for the next time I comment. * ![Avatar photo](https://secure.gravatar.com/avatar/c525b5b82dbf27af5203b7fb15f408d7b0d0265ed913d1c1471d763f87807c6e?s=96&d=mm&r=g) #### **TERI PETERS** \- July 15, 2024 Can an employee who is on FMLA for neck issues that is not able to sit at a desk for more than 30 mins go on vacation at a beach and video family members tubing and take pictures being on a boat and at restaurants/bars? **[Reply](#comment-193893)** ![Avatar photo](https://secure.gravatar.com/avatar/48f246a4e4b918584402ca5d7f5c6817df50fdadc41eceb1c02812661c432799?s=96&d=mm&r=g) #### **Beth** \- November 28, 2024 Why not ask them directly instead of asking here? **[Reply](#comment-195154)** * ![Avatar photo](https://secure.gravatar.com/avatar/f8a9c608efe0947a6c46d2baf6181fb67366372b75049f90287d13dcf83a3fa1?s=96&d=mm&r=g) #### **Lanita Wolfe** \- June 14, 2024 East Penn Manufacturing Co Inc aka DEKA BATTERIES actually fires employees while on FMLA leave by directly linking their medical leave to their temporary disability as medically certified and solely supervised by the health provider under laws. The battery manufacturer interferes while under active leave, bypasses third party administrators of absences/leave and harasses and attempt intimidation without due diligence before sending an email to the employee informing them of the employment termination and loss of benefits. The management’s foul-play practices of retaliation are rampant, yet because the employer is known for its practices of tyranny, employees are usually so scared to exercise their rights or to sue the employer for fear of retaliation of friends and family employed at the company. The sad part is in many cases, the practice also discriminates against longevity employees of PA German decent. Its time the law comes down hard on this despicable group of personnel management and fire the repeated perpetrators who act as if they are above the law! **[Reply](#comment-193301)** * ![Avatar photo](https://secure.gravatar.com/avatar/e2ceaf689dea5f19d7eb0217d34cb64a58fd5011d182fa74f6fe393dcd94a90a?s=96&d=mm&r=g) #### **Dennis A Kelley** \- February 8, 2024 What if the employee continues to come in late daily using their fmla and then is allowed to stay and make up that time? This happens daily with this employee she comes in when ever she feels like it, and our management is afraid to say anything to her because they are afraid she will claim discrimination. It’s clearly not because this person makes their own hours and other employees watching this daily are just fed up with it. **[Reply](#comment-190097)** * ![Avatar photo](https://secure.gravatar.com/avatar/375056abcffdb4fe3d39e42f0e64f9f0c4bf3132d859f47c1d991b7828474864?s=96&d=mm&r=g) #### **Nene** \- November 13, 2023 What happens when the employee is only allergic to Tuesdays and Wednesdays which also is, “ironically, the 2 days that work loads are due?” When he does come to work, if I don’t do his work while he was out, he decides that he’s ill and takes off until he sees the work is complete. He uses FMLA to abandon the workplace and to abuse the system, and be as less productive as possible. I like the job but this issue is causing me to be stressed and mentally incapable of concentrating to do all of my tasks because my work is being backed up to get his done because his tasks are crucial to the dept and companies we serve. PLUS, I’m not paid enough to do one persons job let alone 2-3\. I’m training one person, doing all of my tasks and his tasks. What can I do since the manager is saying FMLA covers his wrongful doings? I can look into finding another job but why when what he is doing is totally illegal?! **[Reply](#comment-184414)** ![Avatar photo](https://secure.gravatar.com/avatar/48f246a4e4b918584402ca5d7f5c6817df50fdadc41eceb1c02812661c432799?s=96&d=mm&r=g) #### **Beth** \- November 28, 2024 So get this: I only work Monday-Thursday so newsflash: when I am sick enough to not be able to get out of bed except to pee, or I’ve vomiting 21x in the last 24 hours I couldn’t care less what day it is. I have never lied about being sick. Why not lie about something good? Seriously ill people have enough to deal with without their employers not being able to grasp that being sick isn’t being lazy. **[Reply](#comment-195157)** * ![Avatar photo](https://secure.gravatar.com/avatar/6e20245d493058e2629a98d6d5479d13488295764177763cbd6607331743737a?s=96&d=mm&r=g) #### **Amaya** \- October 30, 2023 What if an employee takes FMLA “to take care of a sick in law” but it is known that they did it because they do not have childcare because the mother in law watches the child but now is the one taking care of her husband? The employee is not actually caring for the sick in law, but using the time because they don’t have childcare. **[Reply](#comment-183850)** ![Avatar photo](https://secure.gravatar.com/avatar/f9d99ee2fbcdf0f79ed83919e9d75073d415e395d7c6abee26f1700009b34420?s=96&d=mm&r=g) #### **Joseph Cook** \- September 16, 2024 I would advise to not ask questions that you really do not want the answer to. Using your example for instance, it would be nearly impossible to investigate/prove whether the employee took care of a sick in law or for childcare. Better to take the call off and let it go. If not, this will only tie you up in knots following every lead you hear from co-workers and/or social media–and not being able to do anything about it. **[Reply](#comment-194596)** ![Avatar photo](https://secure.gravatar.com/avatar/8e5f8bc820ed0cc88d241e3444e3ba7db5fd2bbb92c5337d60358c2e4e5a3fb4?s=96&d=mm&r=g) #### **James Youngkin** \- October 29, 2024 I run a Correctional Facility and I will be honest FMLA and FMLA abuse run rampant. The intermittent FMLA is the one that is killing us. A few days ago I was at a local farmers market and I happen to run it to one my my Officers who took off his scheduled 3-11 shift using his FMLA. I filed a report the next day because if that Officer could go to a farmers market he could go to work. Now this Officer is on intermittent FMLA because of his wife. When I saw the Officer at the farmer’s market his wife was with him and they were shopping. I passed them a couple of other times while at the farmers market and the Officers wife was shopping for fruits and vegetables. As noted earlier I made an immediate report to our H.R. Department because I suspected abuse. Here is what I was told. Because the Officer has FMLA for his wife and was at the farmer’s market with his wife nothing could be done. Our Labor lawyer decided that perhaps going to the farmers market was therapeutic for the Officers wife and therefore I should do nothing. At the very least I was hoping we would request that the Officer recertify for FMLA. The Officers wife was actively shopping with no physical or mental duress . I though for sure this would constitute abuse of FMLA but I Labor Attorney always seems hesitant to take a stand against FMLA abuse and that hesitancy has trickled down to our HR Department. What options do I have? **[Reply](#comment-194932)** ![Avatar photo](https://secure.gravatar.com/avatar/48f246a4e4b918584402ca5d7f5c6817df50fdadc41eceb1c02812661c432799?s=96&d=mm&r=g) #### **Beth** \- November 28, 2024 In order for you to claim abuse, you had better be able to back that up. I am a corrections RN who has been sick since childhood. Does it bother me that my boss and all my coworkers hate me for being out sick? Hell yeah, but my conscious is clean. I’ve done nothing wrong. It’s not my fault. **[Reply](#comment-195158)** * ![Avatar photo](https://secure.gravatar.com/avatar/501fb6f14b71e2a5502dc69b2de2079643b1c8a5734677c56fb15b36cd8d3152?s=96&d=mm&r=g) #### **Shirlee M Gagliardi** \- August 18, 2023 So what steps anbe taken when you are the employee and your employer fraudulently put you on FMLA when you didn’t ask for FMLA and you were released from your Dr after outpatient wrist surgery. H.R. kept extending the leave when the employee didn’t have a serous medical condition and their manager said they needed me back at work. So I understand the employer part of this article but what about if the employer abuses FMLA laws! What’s recourse does an employee have?? **[Reply](#comment-179661)** **Tier 1:** Fully/moderately supported out-of-the-box allowing for quick and easy deployment. Fully or moderately supported out-of-the-box with industry-leading capabilities and is immediately available after installation without needing any add-ons, integrations, or custom development. **Tier 2:** Supported with workarounds or add-ons that may require additional costs. Not directly available in the software, but can be accomplished using other built-in features, workarounds, or add-ons/products from the vendor with or without any additional cost. **Tier 3:** Requires partner integrations or custom development that is often at an additional cost. Requires additional integrations, plugins, marketplace applications from a third-party vendor, or custom development using the APIs, libraries, extensions, and development framework supported by the software, with or without any additional cost. [Close](#) ```json {"@context":"https://schema.org","@graph":[{"@type":"Article","@id":"https://www.selecthub.com/workforce-management/fmla-abuse/#article","isPartOf":{"@id":"https://www.selecthub.com/workforce-management/fmla-abuse/"},"author":{"name":"Madhurima Dey","@id":"https://www.selecthub.com/#/schema/person/6b5f3bf0238a711220bd87b43923f1a9"},"headline":"What Is FMLA Abuse? 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