2023 DMEC FMLA/ADA Employer Compliance Conference: Tools & Techniques for Effective Absence Management

With federal and state regulations governing the Family and Medical Leave Act, paid family leave, and paid family and medical leave, absence management professionals frequently proceed cautiously because of litigation fears. And rightly so. In 2021, the DOL investigated 928 complaints involving the FMLA, including discrimination, termination, and refusal to grant leave. 43% of these cases — affecting 429 employees — were found to be valid violations, with the DOL granting over $1.4 million in back wages.

Given these statistics, employers tend to be generous around leave approvals. However, this generosity can lead to excessive absence, lost productivity, or employees receiving different treatment. Using recent court case examples, we will discuss tools and techniques, such as recertification and the honest suspicion rule, that are available to employers to assist with effective absence management.