Joan Gale Quoted in Human Resource Executive
“Checking Up on FMLA Leave Takers”

Joan Gale was quoted in the article, “Checking Up on FMLA Leave Takers,” published in the September 10, 2008 issue of Human Resource Executive. The article reported on a recent court case that upheld an employer's right to use surveillance to check up on employees suspected of abusing FMLA leave. The article urged companies, seeking to be more aggressive in fighting FMLA fraud, to be careful about their actions.

According to Joan, before resorting to surveillance and hiring a private investigator, employers that suspect someone of falsifying FMLA claims should go through a checklist of options. She recommended they first confirm the employee is even eligible for FMLA leave and then make sure that the employee has a good reason for taking the leave. Companies should also be sure that the healthcare-provider certification, supplied by the employee, is legible, complete and consistent and request that the employee allow the company's provider to clarify and authenticate the certification.

Joan remarked, only after all those options occur should a company consider putting an employee under surveillance. "It might not be the best thing to do to have an undercover cop following your employees around, but it's legal," she explained. She pointed out that companies should be sure that they only use video surveillance -- not audio, because it is against the law in many states. Joan also stressed that companies should not immediately fire someone if they believe they are taking FMLA under false pretenses because they may not be abusing it after all. She concluded, "It's generally not a good idea to terminate them outright unless you really catch them red-handed."