Avoiding Common FMLA Mistakes: A Guide for Employers

Managing FMLA events or occurrences correctly is essential for HR compliance and protecting both employees and employers. Many businesses make critical errors, from failing to recognize qualifying events to mishandling return-to-work procedures. These mistakes can lead to legal issues, decreased employee trust, and operational disruptions. Here’s what to watch for and how to avoid common FMLA pitfalls.

1. Failing to recognize FMLA-qualifying events
One of the biggest mistakes employers make is failing to recognize when an employee is eligible for FMLA leave. Employees are not required to say they need “FMLA leave” to qualify. If an employee mentions a serious health condition, a family member’s illness, pregnancy, or medical treatments, human resources teams must take action by providing the appropriate paperwork to help determine if FMLA applies. Employers who ignore these signals risk noncompliance.

2. Misclassifying employee eligibility
FMLA applies to companies with at least 50 employees working for 20 or more workweeks in the current or previous calendar year. Employees must have worked at least 12 months and logged 1,250 hours in the past year while working at a location where at least 50 employees are within a 75-mile radius. Employers who miscalculate these factors may incorrectly deny leave, creating legal risks. Using HR software or outsourcing HR services can help businesses track eligibility accurately.

3. Mishandling FMLA documentation
Covered businesses must display an FMLA notice and provide employees with a Notice of Eligibility, Designation Notice, and, when required, medical certification forms. Failing to issue or track these forms properly can result in compliance violations. HR policies should outline clear steps for managing FMLA paperwork to ensure consistency.

4. Mismanaging intermittent leave
Intermittent leave presents additional challenges. Employees may take FMLA for themselves or qualified family members in separate blocks of time for chronic illnesses or ongoing treatments. While employers can request medical updates every six months, they cannot deny medically necessary intermittent leave. However, they can discuss scheduling options to minimize business disruption.

5. Retaliating against employees taking FMLA leave
Employers cannot reduce pay, demote, or terminate an employee for using FMLA leave. Even subtle retaliation, such as reassigning employees to less desirable roles, can result in legal consequences. Proper HR training and compliance solutions can help prevent these issues.

6. Mishandling the return-to-work process
Employers must reinstate employees to the same or an equivalent position with the same benefits and pay after FMLA leave. Requiring a full-duty release without considering reasonable accommodations may also violate the law. Clear policies and documented return-to-work procedures help ensure a smooth transition for both employees and employers.

7. Failing to address employees who do not return
Employers should also be prepared for situations where employees do not return after their FMLA leave ends. Although employers are obligated to hold an employee’s position while they are on FMLA, they can establish regular check-ins to assess the employee’s status. If an employee requests additional leave or is unresponsive, HR teams must evaluate whether further accommodations are required under the ADA. Documenting these interactions ensures compliance and protects the company from legal disputes.

In conclusion, FMLA compliance requires a structured and uniform approach – from recognizing qualifying events to managing leave requests and returns. Employers who invest in HR consulting or compliance solutions can minimize legal risks while improving workforce management. Standardized HR policies, proper training, and a clear benefits administration process are essential for navigating FMLA effectively.