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The top 10 FMLA mistakes that regularly trip up employers

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in FMLA Guidelines,Human Resources

Compliance with the federal FMLA can be daunting, but many answers are found within the FMLA regulations themselves. Despite many courts’ attempts to make the FMLA into the next statute where attorneys utter the dreaded answer of “it depends,” some common mistakes can be avoided.

1. Failing to meet employer obligations. The FMLA places many technical obligations on employers. Even the simplest mistakes can result in legal liability.

A few of the most common mistakes are easy to fix:

  • Post the latest FMLA poster at every worksite.
  • Have an FMLA policy. Distribute it via your handbook.
  • Advise employees in writing whether their FMLA leave requests have been approved or denied, including all required designation notices, within the required time frames.
  • Properly track FMLA usage and advise employees of the amount of leave remaining.
  • Never retaliate or interfere with an employee’s right to take FMLA leave.
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