What Compliance Pitfalls Look Like in the Trenches

By Linda Croushore

Sr. Director, Disability Services
UPMC WorkPartners

If you are like me, you attend many webinars and read many articles on compliance, and you walk away thinking, “Yep, I got that.” But did you really?

Let’s look at a common situation, an employee who appears to be excessively using intermittent leave under the Family and Medical Leave Act (FMLA). In this particular case, the employee is certified for up to two times per month, four hours per episode, but the employee has been off once a week for the last month. The first step is to call and let the employee know that you have identified an increased usage of FMLA time and request the medical recertification that you are entitled to under §825.308 (a)(1). You must adhere to required timeframes when requesting recertification: act quickly when you observe excessive use. A delay in identifying the issue could suggest that the requested time is not being monitored and thus, FMLA can be used indiscriminately. Give the employee the required 15 days to return the recertification, and, if needed, call and remind the employee about the requirement to return the recertification form during this period.

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