10 ways employers negate their FMLA rights

Although the Family and Medical Leave Act (FMLA) has been in effect since 1993, employers still make administrative mistakes that limit their rights and can lead to litigation. Here is my Top 10 list of employer and supervisor misconceptions about the FMLA that limit their ability to manage employee leave use or to defend against subsequent FMLA-related litigation.

Dispelling FMLA misconceptions

No. 1: “If the employee doesn’t request FMLA, then we don’t have an FMLA issue.”

The employee doesn’t have to ask for FMLA leave or even mention the FMLA. Rather, once they notify the employer of what may be a FMLA-covered event (“I will need to be out two weeks for surgery/recovery”), you are on notice to consider whether the FMLA applies and, if so, to provide the employee with a notice of eligibility and any certification form.

No. 2: “The employee doesn’t want to use FMLA,” often paired with, “The employee has enough paid leave accumulated for the planned absence.”