Fraud under the Family and Medical Leave Act (FMLA) occurs when an employee takes FMLA leave for purposes other than those permitted under the law.
FMLA abuse occurs when an employee has appropriately and legitimately obtained FMLA leave, and then uses the excuse of the FMLA to somehow benefit the employee inappropriately.
An employer can implement certain strategies to control FMLA fraud and abuse, such as creating a detailed FMLA policy, effectively using the certification process, requiring periodic updates from an employee on leave and using appropriate tracking tools and surveillance.
An employer should train all supervisors and managers to spot FMLA fraud and abuse and respond appropriately.