2026 DMEC Compliance Conference: Managing Intermittent Leave Misuse: Practical Strategies for Employers

Intermittent leave misuse is a common leading concern among employers on how to address when they suspect misuse of intermittent leave. In this session we will examine what employers can do during the leave request process if they suspect the claim may not be valid or it comes from a source that they are unsure of. The session will also what to do if misuse is expected after a leave has been approved and how the honest belief rule comes into play when dealing with suspect misuse. Finally, we will examine court cases that have dealt with FMLA intermittent misuse and what that means for employers.