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FMLA 201: A deeper dive into administering the law

The Family and Medical Leave Act (FMLA) is crucial in helping employees maintain work-life balance when situational family and medical circumstances arise.

A recent webinar on April 17 provided a deeper dive into navigating FMLA administration, tackling common “gray areas” and important areas of consideration for the organization. Guardian colleagues Ryan Nelson, CLMS, Sr. Absence Management Solutions Practice Leader; and Beverley Wild-Simmons, Absence Product Manager, discussed valuable insights and strategies for navigating the complex administration of FMLA, best practices, and common pitfalls.

FMLA basics: A refresher

FMLA entitles employees who meet certain criteria to take an unpaid leave of absence from work. Common qualifying events for FMLA include the birth or adoption of a child, a family member with a serious health condition, and an employee’s own serious health condition.

The federal law permits up to 12 weeks (for certain family and medical reasons) or 26 weeks (for military caregiver leave) of unpaid leave during a 12-month period, with the expectation that they return to the same or equivalent position. This applies to private employers with 50+ employees in a 75-mile radius and all public employers. To be eligible for FMLA leave, employees must have completed 12 months of service and worked at least 1,250 hours in the year before the leave is requested, excluding vacation, holidays, and other leaves.

Best practices for reviewing absences

When an employee wants to take a leave of absence, they don’t have to request FMLA leave specifically, but they must provide sufficient information to their employer about the reason for their leave of absence ahead of time. It is up to the employer to determine whether an employee’s leave is FMLA-qualifying.

However, the employer can’t ask the employee for private details or questions that are too specific. At a glance, Nelson and Wild-Simmons encourage an employer to take the following steps when they find out an employee may have a need for leave:

  1. Acknowledge the request.

  2. Review eligibility (FMLA, state leave, short-term disability (STD)).

  3. Notify the employee of their rights and responsibilities.

  4. Review medical (to determine if serious health condition).

  5. Track the leave appropriately.

  6. Close leave or recertification.

Nelson and Wild-Simmons also encourage employers to document, document, document! Having record of conversations, requests, status of requests, etc., is a great way to stay on top of tracking FMLA leave across the organization. Employees may require various leaves for different health conditions and for different family members, so employers must be sure to track each leave appropriately while adhering to local, state, and federal laws. What to do when in doubt? Research! The Department of Labor’s FMLA employer guide is a helpful tool that can provide further information and support.

Common pitfalls of leave management

How well is your organization doing at managing FMLA? You may be surprised to learn that many organizations commonly make mistakes in this process including approving FMLA requests for non-qualified leaves, counting FMLA against absentee policy for disciplinary purposes, and not tracking intermittent FMLA leaves.

One crucial pitfall is rubber stamping, which is when leave requests are reviewed and then either approved or denied hastily without being given the careful review they deserve. Common types of rubber stamping involve:

  • Leave being allocated for non-eligible employees

  • Leave being approved for non-serious health conditions

  • Leave being approved for non-covered relationships

Employers may engage in rubber stamping in the attempt to avoid conflict, be more generous, or match FMLA to other leave reasons. However, they must be sure to avoid this pitfall as rubber stamping encourages misuse of FMLA, could deny a legitimate FMLA leave, and could also create the appearance of discrimination if a leave is improperly denied.

Ready to learn more?

Watch the full webinar to explore strategies for FMLA administration in greater detail and test your knowledge with some scenario-based questions from the webinar.

Information provided on this blog is intended for general educational use. It is not intended to provide legal advice. Guardian does not provide legal services. Consult an attorney for legal advice on this or any other topic.

Links to external sites are provided for your convenience in locating related information and services. Guardian, its subsidiaries, agents, and employees expressly disclaim any responsibility for and do not maintain, control, recommend, or endorse third-party sites, organizations, products, or services and make no representation as to the completeness, suitability, or quality thereof.

Guardian® is a registered trademark of The Guardian Life Insurance Company of America, New York, NY.

Copyright ©2024 The Guardian Life Insurance Company of America. All rights reserved.