My Employee on Leave Is Doing WHAT on Facebook? Using Technology to Detect, Confront & Prevent Leave Abuse

By Sheri Giger, Esq

Principal
Jackson Lewis P.C.

By David Mohl, Esq

Principal
Jackson Lewis P.C.

We know Family and Medical Leave Act (FMLA) protections do not extend to employees who fraudulently obtain FMLA leave. But many employers get tripped up in understanding how to properly identify leave fraud. The advent of social medial has created a useful tool for employers in detecting and confronting leave abuse; however, its use does come with limitations under the law, and navigating those limitations can be tricky.

We will help you navigate the guardrails needed to successfully utilize technology to confront leave abuse when we present on this topic during our session, My Employee on Leave Is Doing What on Facebook? Using Technology to Detect, Confront, & Prevent Leave Abuse at the 2019 DMEC FMLA/ADA Employer Compliance Conference.

We’ll discuss how to properly leverage social media, video surveillance, and other technology to effectively detect and prevent leave abuse.

We will explore key considerations, such as:

• The limitations on using technology to investigate leave abuse
• How to effectively and lawfully use technology to investigate suspected leave fraud
• Best practices for investigating and disciplining employees for leave abuse
• How to address employee social media postings relating to leave

Join us as we help you navigate this important topic by highlighting recent court cases where employers utilized technology to successfully detect and confront employees who fraudulently used leave. We look forward to seeing you there!