HR Guide: Managing FMLA Requests Properly

Introduction

Mishandling FMLA requests can expose your organization to significant liability. This guide covers employer obligations, proper procedures, and common mistakes to avoid.

Employer Obligations Overview

When an employee requests leave that may qualify for FMLA:

1. **Recognize potential FMLA situations** (even if employee doesn't mention FMLA) 2. **Provide required notices** within specified timeframes 3. **Make eligibility determinations** promptly 4. **Maintain confidentiality** of medical information 5. **Track leave accurately** and reinstate properly

Required Notices and Deadlines

| Notice | Deadline | Form | |--------|----------|------| | Eligibility Notice | 5 business days | WH-381 | | Rights & Responsibilities | 5 business days | WH-381 | | Designation Notice | 5 business days after certification | WH-382 |

Certification Best Practices

### What You Can Require - Completed medical certification (WH-380-E or WH-380-F) - Return of certification within 15 days - Recertification for extended leave

### What You Cannot Do - Contact the employee's doctor directly about diagnosis - Require diagnosis disclosure (only functional limitations) - Ask about other health conditions

**HR can contact providers for authentication or clarification only—never the employee's direct manager.**

Common Compliance Mistakes

### 1. Failure to Recognize FMLA-Qualifying Situations Employee says: "I need time off for my father's surgery." Even without saying "FMLA," this may qualify. It's your job to recognize it.

### 2. Counting FMLA Against Attendance FMLA absences cannot be counted as "points" or "occurrences" in attendance policies.

### 3. Inadequate Reinstatement Returning employees must get the same or equivalent position—not a demotion disguised as "restructuring."

### 4. Retaliation (Even Unintentional) Negative performance reviews referencing leave, passed-over promotions, or reduced responsibilities can all constitute retaliation.

Intermittent Leave Management

Track in the smallest increment used for other leave types
Can require employees to follow normal call-in procedures
Can temporarily transfer to equivalent position if needed
Cannot discourage or penalize intermittent leave use

Documentation Best Practices

Keep FMLA records separate from personnel files
Maintain for at least 3 years
Document all communications and decisions
Use consistent procedures for all employees

Conclusion

FMLA compliance protects both employees and employers. Consistent procedures, proper documentation, and timely responses are your best defense against claims.

*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. Consult with qualified employment counsel for guidance specific to your organization.*