FMLA can be challenging to navigate, even for experienced professionals. And when it comes to FMLA, the details matter. In our recent webinar, FMLA FAQs: Addressing common challenges and confusing scenarios, we addressed some of the questions and real-world scenarios that employers encounter most often. Here are five key takeaways.
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1. What documentation is needed to support an FMLA leave request?
A doctor's note alone may not provide enough information to support an FMLA determination.
Employers may generally require a formal FMLA certification from a health care provider. This documentation is intended to help employers evaluate for a serious health condition under the FMLA by providing information such as the nature of the condition, expected duration, treatment plan, period of incapacity, and type of leave needed. Ultimately, the key is whether the documentation contains enough information to determine if the condition meets the requirements for a serious health condition to qualify for FMLA.
2. What if paperwork is submitted late?
A late certification doesn't automatically mean a leave request should be denied.
Employees are generally given 15 calendar days to return FMLA certification paperwork. However, if they made a diligent, good-faith effort to obtain the documentation and circumstances outside their control caused a delay, additional time may be appropriate.
Provider scheduling delays, hospitalizations, overseas travel, or other extenuating circumstances may all affect timing. Employers should communicate clearly, document any extensions, and evaluate documentation once it is received. If a certification is late without extenuating circumstances, be sure to follow the late certification guidance as outlined by the Department of Labor.
3. What happens when FMLA is exhausted?
This is one of the most misunderstood areas of leave management.
The end of FMLA does not necessarily mean the end of an employer's obligations. If the leave is related to an employee's own medical condition, employers may need to determine whether additional leave or another accommodation should be considered under the Americans with Disabilities Act (ADA).
Leave as an accommodation, modified schedules, workplace adjustments, assistive equipment, or other accommodations may all need to be considered through the interactive process. Employers should avoid assuming that the exhaustion of FMLA automatically ends job protections or accommodation obligations. It is also important to look at local and state leave laws that may cover other potential leave for their own condition as well as family care.
4. Can an employee return to work with restrictions?
Often, yes.
Many employers mistakenly believe an employee must be "100% healed" before returning to work. However, blanket policies requiring a full release to return can create compliance risks.
Instead, employers should evaluate the employee's restrictions, review the essential functions of the job, and determine whether reasonable accommodations would allow the employee to perform those duties. Depending on the situation, accommodations could include schedule adjustments, temporary job modifications, assistive equipment, or other workplace changes.
Each situation should be assessed individually rather than through a one-size-fits-all policy.
5. Can a position be eliminated while an employee is on FMLA leave?
Potentially, yes.
FMLA does not provide greater rights than an employee would have if they were actively working. If a legitimate business reason, such as a restructuring, reduction in force, or department elimination, would have affected the employee regardless of their leave status, the position may still be eliminated.
The key is documentation. Employers should be prepared to demonstrate that the decision was unrelated to the employee's leave and based on legitimate business factors. A helpful question to ask is: Would the same action have occurred if the employee had not taken FMLA leave?
Looking for more answers?
For answers to additional FMLA questions and guidance on topics including intermittent leave, remote employee eligibility, medical certifications, ADA considerations, and return-to-work challenges, watch the full webinar here.
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