Lack of Documentation Hinders Employer’s Ability to Deal With Suspected FMLA Abuse

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On August 6, 2021, the U.S. District Court for the District of New Jersey denied requests by both an employer and an employee to resolve a dispute over abuse of leave under the federal Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA), which both give eligible employees job-protected time off to care for family members with serious health conditions. The employee claimed the employer interfered with his right to take intermittent leave by converting his absences to sick days and asking him to seek recertification of the FMLA leave.

The court ruled it couldn’t

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