The Top 5 FMLA Compliance Mistakes

Claim your free copy of this guide now and learn the common mistakes and slip-ups that frequently lead to costly FMLA lawsuits.

A slip of the tongue, a misplaced remark, the wrong job assignment: managers make dumb mistakes every day. Most of the time these mistakes are fixable and the cost is minimal. But when the mistakes involve FMLA, it can land you in court and cost your company big time.

In this report you’ll find:

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Where FMLA mistakes happen

There are 5 all-too-common mistakes managers make in dealing with FMLA that land them in hot water. Saying too much, saying the wrong thing, or even trying to discourage employees from taking leave can all cause huge problems. Fortunately, each of these mistakes is avoidable – provided managers have the knowledge they need.

You’ll learn more about each of these FMLA mistakes in your free report, but here’s a quick overview of the steps you can take right now to keep both yourself and your organization out of court.

Avoid FMLA mistake #1: Don’t try to get even

According to FMLA regulations, employees returning from FMLA leave must go back to the same job or one of equal pay, responsibility, and benefits. Get the details on two scenarios that show the potential pitfalls managers and supervisors face with returning employees and the risks of “adverse action” claims.

Avoid FMLA mistake #2: Choose your words carefully

An employee comes to you and says she needs to take FMLA leave because she has a back condition. But you’re up against a tight deadline and really need all hands on deck. What should you say? Saying the wrong thing to an employee regarding FMLA can be one of the quickest ways to a lawsuit … and it’s very easy to do.

FMLA leave can be inconvenient to the company and could put your department behind the eight ball when it comes to meeting production goals. It’s tempting to try to talk employees out of taking FMLA leave. But comments like, “Are you sure you’re back hurts so much that you can’t work? Can you wait a few more days until we meet this deadline?” can land you in court.

Claim your free report to find out how an ill-advised question can lead to a date in court.

Avoid FMLA mistake #3: Don’t assume anything

Don’t make your own call about what constitutes an illness. FMLA regulations have done the heavy lifting already. You may think that common sense dictates what’s covered under FMLA and what is not. In some ways that’s true but it’s just not that simple. In some cases common illnesses like the flu ARE protected under the FMLA. In other cases they are not. It all depends on the specific circumstances and how many consecutive days the employee expects to be out under FMLA.

Learn more about the details of this and other frustrating aspects of the law. Download your free guide now.

Avoid FMLA mistake #4: Keep your mouth shut

Never disclose confidential medical information to anyone but the HR department or your direct report in the chain of command. Supervisors who handle FMLA leave requests learn about employees’ medical problems. This information is strictly private and you’re expected to keep it that way. But that’s easier said than done. Managers often share medical information with team members because they’re deeply concerned about the employee and they know that others on the team are also interested in their colleague’s well being.

Download your free copy of “The Top 5 FMLA Compliance Mistakes” and see why disclosing information about employee illness can be costly.

Avoid FMLA mistake #5: Understand the rules governing ‘foreseeable’ and ‘unforeseeable’ leave

Most companies have policies that require employees to give reasonable notice when they intend to take family or medical leave. The FMLA recognizes that this is only fair to employers, who need to make adjustments when employees are absent. But how do you deal with “foreseeable” leave requests? What should you do when the leave is “unforeseeable”? How do you navigate the gray areas? This free guide gives you actionable advice on how to safely handle both types of FMLA leave requests.

The bottom line: People aren’t perfect and managers will make mistakes when it comes to dealing with FMLA. Your best defense is knowledge. If they understand the most common slip ups they’ll be able to side step many of the FMLA problems they’ll likely face.

Download your free copy of “The Top 5 FMLA Compliance Mistakes” as part of a free trial to the Compliance and Management Rapid Learning Center.

Sincerely,

Stephen Meyer
CEO/Director of Learning and Development, The Rapid Learning Institute