With the expansion of leave laws throughout 2008, and despite the new regulations to the Family and Medical Leave Act (FMLA), which in part aim to improve communication between employees and employers, employers still have reason to worry about the potential for employee leave abuse. Although most employees are legitimately eligible for and utilize leave for the birth of a child or a serious health condition, to care for a family member, or in conjunction with the homecoming or deployment of a family member serving in the military, there will always be some employees who attempt to deceive their employers and improperly take advantage of “protected” time away from work. In order to guard against employee dishonesty and combat potential leave abuse, and the concomitant costs to companies, savvy employers should periodically refresh their understanding of their rights and responsibilities and identify and implement steps they can take to ensure proper use of legally permitted leave.

Expanded Leave Laws

Through recent amendments to the Americans with Disabilities Act (ADA), military leave laws, and the implementation of New Jersey’s Paid Family Leave Act, more leave is available to New Jersey employees than ever before.

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