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Susan Fahey
How to Identify and Investigate FMLA Abuse: A Strategic Compliance Guide for 2025
Human Resources
Recorded Webinar
All Days
 60 Minutes
Description

In 2025, managing employee leaves has become even more critical with evolving regulations under the Family and Medical Leave Act (FMLA). While the FMLA remains a vital safeguard for employees needing medical or family-related leave, misuse of this entitlement continues to challenge HR professionals and employers. From increased intermittent leave requests to suspicious patterns of absences, abuse of FMLA rights—whether intentional or not—can disrupt workplace productivity, team morale, and operational efficiency.

This comprehensive training session is designed to equip HR leaders, supervisors, and legal compliance officers with the tools, knowledge, and confidence to detect, investigate, and manage FMLA abuse effectively and lawfully. The session includes real-world scenarios, step-by-step guidance on internal investigations, and documentation strategies that align with 2025 FMLA best practices and recent judicial interpretations.


Learning Objectives:

Attendees of this session will gain practical and actionable strategies to:

  • Recognize the common red flags of potential FMLA abuse.
  • Understand employer rights and obligations under FMLA (2025 edition).
  • Apply investigation best practices that comply with legal standards.
  • Evaluate and implement internal policies to reduce leave misuse.
  • Develop documentation and evidence strategies that stand up to legal scrutiny.
  • Confidently deny or discipline employees where justified, without legal backlash.
  • Leverage existing resources (HR, legal counsel, supervisors) for efficient leave management.

Webinar Agenda:

1. FMLA Overview and 2025 Regulatory Update

  • Recap of FMLA rights and obligations.
  • Key amendments and case law trends affecting employer leave policies in 2025.
  • Interaction with ADA, workers' compensation, and paid leave laws.

2. Spotting FMLA Abuse: Patterns, Scenarios, and Common Tactics

  • Identifying questionable leave requests (e.g., Friday/Monday absences, vague documentation).
  • Understanding when suspicion is justified.
  • Real-life examples of common abuse tactics.

3. Internal Policies and Leave Management Protocols

  • Policy foundations to safeguard against abuse.
  • How to draft or revise policies that promote transparency and accountability.
  • Communication and training for frontline managers.

4. Investigating Potential FMLA Abuse

  • Steps to begin a compliant and fair investigation.
  • Involving HR, legal counsel, and third-party resources.
  • Gathering physical, documentary, and testimonial evidence.
  • Surveillance considerations: What’s legal and ethical?

5. Documentation, Reporting, and Disciplinary Action

  • How to properly document leave requests, interactions, and red flags.
  • Building a case that supports adverse action.
  • Preparing court-ready reports.
  • Tips for defending FMLA decisions during litigation or audits.

Why You Should Attend?

With a growing number of employees utilizing FMLA—and a concurrent rise in misuse—employers cannot afford to passively accept questionable leave patterns. HR must strike the right balance between compliance and operational needs. This training will help you identify when FMLA requests cross the line into abuse, how to act decisively and legally, and how to protect your organization from liability. Learn how to build a workplace culture that supports legitimate leave while safeguarding your business from manipulation and undue burden.


Who Should Attend

This training is tailored to professionals responsible for leave administration, HR compliance, and employment law risk management, including:

  • HR Managers & Generalists
  • Compliance Officers
  • Employee Relations Professionals
  • In-house Legal Counsel
  • Operations Managers
  • Leave and Benefits Coordinators
  • Business Owners and Executives

FMLA and Leave Management in 2025: What’s New?

As of 2025, employers must take note of the following developments in FMLA enforcement and litigation:

  • Expanded Remote Work Considerations: With hybrid work models normalized, the Department of Labor (DOL) now considers remote job functions in defining eligibility, worksite determination, and undue hardship defenses.
  • Intersection with Mental Health and Long COVID: Employers are seeing more requests tied to mental health and post-COVID conditions. Understanding how these fall under FMLA—and ADA—is key to avoiding discrimination claims.
  • Greater Scrutiny of Employer Retaliation: Courts and the DOL are closely reviewing disciplinary actions taken shortly after FMLA leave, even when supported by internal documentation. Employers must ensure impartiality and consistency.
  • State-Level Developments: Employers operating in multiple jurisdictions should stay alert to state-paid leave programs and how they interact with federal FMLA obligations.
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Speaker

Susan Fahey

Susan Fahey Desmond is a partner with McGlinchey Stafford, PLLC which has offices in 33 states across the country. She has been representing management in all areas of labor and employment law for over 35 years. A noted author and speaker, Susan is listed in Best Lawyers in America and has been named by Chambers USA as one of America’s leading business lawyers...