medical surveillance

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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.

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.


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 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


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