medical surveillance

Photo: burgsimpson

Many employees have begun to take advantage of the Family and Medical Leave Act (FMLA), which was basically to protect employees from having to select between a salary and certain family and medical reasons. The Family and Medical Leave Act provides assured employees with up to 12 weeks of unpaid, job protected leave per year. It also demands that the employee’s group health benefits be sustained during the leave. There are ways for employers to handle FMLA misuse and fraud without disregarding the employee’s rights.  Employers can now hire Specialized Investigations to perform a random surveillance on those who take suspected of fraud in FMLA leave. A recent article of Corporate Counsel shows that Private Investigators are watching out for FMLA fraud.
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The Family and Medical Leave Act (FMLA) is designed to provide temporary job-protected leave for workers who are dealing with serious life events, such as the birth or adoption of a child, the illness of a family member, or their own significant health problem. But does the law apply to afternoons of bass fishing? Probably not.

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Photo: justia

Travis Loyd, a top state employee and fishing enthusiast at the Illinois Department of Natural Resources, resigned from his job in February when it was revealed he had been using FMLA sick leave time to participate in professional bass fishing competitions all over the U.S. Loyd insisted he was under doctor’s orders to go fishing as a form of stress reduction.

In Loyd’s case, the state government didn’t catch the problem until outside organizations and news outlets reported it. However, there are ways companies can root out FMLA violators, including by hiring private investigators to look into the whereabouts of the employee in question.

Dana Connell, a shareholder at Littler Mendelson, told CorpCounsel.com that companies don’t necessarily take advantage of this option, which has been upheld in court, as much as they could. “I think some portion of them just wouldn’t do surveillance, and another portion don’t recognize that it’s an option,” he said. As long as the investigator follows certain ground rules, explained Connell, there is no reason they cannot be used, successfully and within the bounds of the law, to bust FMLA cheats.

To read this article in its entirety visit Corporate Counsel

 

Article Source: Corporate Counsel

 

25 Responses to Private Eyes Are Watching Out for FMLA Fraud

  1. Kungphoo says:

    It’s a shame that these types of things happen every day. There are many of us who need that time off to deal with sickness, loss, or birth and individuals like this ruin it for us. Thank goodness for PI’s who keep an eye on this sort of thing.

  2. Laurel Bill says:

    It’s too bad that people abuse benefits put in place to help those who need it. Glad to know the PIs can help find those rascals!

  3. Jim Striegel says:

    I would have never thought someone would do this during a leave of absence.

  4. Traci Henegar says:

    Such a shame that this person jeopardized their career to participate in an event and this will follow them for life.

  5. Casey Gardner says:

    I would have never known you can utilize these services for this. Good to know since I use contractors and if I ever have a problem.

  6. saleshdipak says:

    Thanks for sharing this.. An eye opener

  7. Candace says:

    This laws are brought in the protect us in times of need but sadly there are always the small few you take advantage for gain, be it financial, personal or in this case an afternoon fishing. Brings a bad name to those who follow the law for legitimate reasons.

  8. Roch says:

    What is the difference then of FMLA and just LOA that can be sentenced to an employee because of personal reasons as well?

  9. Tom H says:

    We used to use a lot of sub rosa at my last company. We witnessed a lot of fraud.

  10. There’s always someone willing and eager to take advantage of the system. Fishing as an important life event that requires an employer’s subsidy it just ridicilious.

  11. Everything gets a abused by someone, normally makes it worse from those who really need these types of things, thanks for sharing.

  12. Alana says:

    Such a shame that people will abuse a system set up to help them – especially the FMLA, which helped a co worker whose spouse was terminally ill with cancer (legitimately). I know others who have been helped by FMLA.

  13. Sophie Bowns says:

    Oh gosh- what a shame!

  14. Veronica says:

    Wow! PI’s are everywhere. That’s why crime doesn’t pay.

  15. I hope PI’s like you catch more fraud perpetrators! Tired of people getting away with horrible stuff in our world.

  16. Some people will do that for they’re not good in dealing with their lifestyles. Better to have this system to avoid fraud.

  17. Mark Anthony Guanzon Tinkham says:

    that’s great!

  18. Oh boy, I guess I need to do some research on this, as we’re hoping for a baby soon.

  19. Dov Shapira says:

    Too bad those thing do happen, Good reading here

  20. Do we even have this here in Manila? I think not as that is prone to abuse here.

  21. LJ says:

    What a shame that people have to take advantage of programs that some people really need!

  22. Prince says:

    Why do I feel so depressed whenever I read stuffs like this? Great read, though. Thanks for sharing! 🙂

  23. shine says:

    its sad that people take advantage of these programs. its supposed to be used for good cause.

  24. Patty | MrsC says:

    I find it sad that people try to cheat the system. People who are honest and really need these benefits often are the ones at the losing end of situations like this, with stricter regulation, suspension of benefits, etc.

  25. I’ve heard of employees abusing their sick leaves. It’s such a shame.



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