Misuse and Abuse of Family and Medical Leaves

In 1993, when the federal Family Medical Leave Act was signed into law, it was expected to be a simple and easily administered law. It did not turn out that way. Tricky provisions in the law, including the administration of intermittent leave, uniform treatment of employees, certification forms from physicians, and the like, have resulted in headaches for management and a cottage industry for employment lawyers.
 
Since COVID, examples of the use and misuse of family leave under the FMLA, labor agreements and other laws have proliferated. Employers often find themselves in the unenviable position of determining which employees have properly submitted leave requests, which haven’t, and how to accommodate employees without creating an undue burden on the remainder of the workforce.
 
We have put together a well-rounded panel of labor professionals to discuss issues related to use and misuse of family leave. The panelists are an HR professional (Stephanie Oppegaard, Neptune Township), a union advocate (Lori Dvorak, Esq.) and a consultant regarding employer leave policies (Chris Cotter, Lexipol/Rodgers Group).