Combatting Excessive FMLA Leave Using the Disability Interactive Process

By Rachel Shaw, MBA

Principal
Shaw HR Consulting, Inc.

An unintended league of employees is growing under the cover of the Family and Medical Leave Act (FMLA) — permanent part-timers receiving the benefits of a full-time worker.

The FMLA was intended to bridge the gap between medical incapacity and a safe and full return to work for protected leave categories. The FMLA was never intended to protect the jobs of employees who are too disabled to ever return to work full time. And it was certainly never intended to protect those who use it to lengthen weekends or as an excuse for poor attendance.

The FMLA was created to provide leave that accommodates an employer’s clear interest in maintaining a productive and financially sound operation, benefiting both employees and customers. However, an unreasonable number of unscheduled absences due to FMLA leave can disrupt productivity, sometimes with catastrophic effects.

How can organizations accommodate employees with serious medical conditions and legitimate work limitations while keeping FMLA abusers at bay? In addition to second and third opinions and recertification, one of the most effective and efficient tools is the disability interactive process.

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