After 30 years, avoiding FMLA mishaps is still tricky

We all know the Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid medical leave to care for a serious medical condition of the employee or the employee’s family member. Despite the fact the FMLA is celebrating its 30th anniversary this year, employers are still grappling with its proper administration. This article will address common FMLA mishaps and suggest best practices for implementing the Act in your workplace.

Recognizing the need for leave

I regularly receive calls from clients who want to terminate an employee based on excessive absenteeism. One of my first questionsis to ask whether the absent employee is eligible for FMLA leave and whether the absences have indicated a need for medical leave.

As a reminder, employees don’t have to specifically request FMLA leave to qualify. Make sure managers and HR are properly trained to recognize when an employee may need FMLA leave, so the employee is provided with the opportunity to exercise that right to leave.

Courts have ruled that if an employee provides enough information to indicate a need for leave (i.e., a serious health condition) and the manager fails to recognize the need for leave, the employer could be liable for an FMLA violation.

Implement a proper FMLA policy

While FMLA leave is largely governed by statutory requirements, the Act allows employers to decide whether to calculate the 12 weeks of leave on a calendar year or rolling basis. If the FMLA policy isn’t clear on how it is calculated, the employee may choose the calculation method.