Honesty Is The Best Policy: An Employers Guide to Combatting FMLA Fraud and Abuse

This article by Grant Wills (Columbia) was published in the July edition of On The Front Lines.

It looks at the Honest Belief Defense, which can be a valuable tool to employers in a litigation setting if they terminate an employee for misuse of FMLA. In order to build a successful Honest Belief Defense, as well as curb FMLA misuse, employers should detect the abuse, thoroughly investigate the situation, consider 3rd party assistance, and use FMLA protections to the employer’s advantage.