Faked births? Friday and Monday Leave Act? How to handle FMLA abuse

While most employees take Family and Medical Leave Act (FMLA) leave for legitimate qualifying reasons and use it appropriately, we all know about occasions when they abuse the Act. Read on to learn more about how to combat FMLA fraud.

When new baby’s pictures don’t match

Consider a recent case in which an employee who worked for the state of Georgia told her employer in October 2020 she was pregnant. After announcing she had given birth in May 2021, the “child’s father” (who turned out not to exist) contacted the employer requesting leave for the employee to recuperate from the delivery. As a result, the state gave her seven weeks of paid leave. The employer later learned:

• A coworker had witnessed the employee’s false stomach “come away” from her body; and
• The employee sent new baby photos to coworkers, but with one major problem: The pictures appeared to depict different children.

Shortly after the Georgia Office of the Inspector General interviewed the employee about her pregnancy, she resigned. Now, not only is the employee out of a job, but she also was charged with three felony counts of false statements and one felony count of identity fraud.

A faked pregnancy to qualify for paid leave is undoubtedly an FMLA abuse outlier. Typically, the actions are subtler.