Employers covered by the Family and Medical Leave Act ("FMLA") generally have a process for designating employee absences as FMLA leave. Unfortunately, they don't always train supervisors to timely and accurately initiate that process, resulting in problems for the employer.
Take the following common example: an employee calls in sick, giving minimal detail and failing to "request" FMLA leave. The supervisor doesn't promptly report the absence to HR because he does not recognize that the FMLA may apply. As more sick days are taken, the supervisor eventually turns the matter over to HR. This slow processing can result in the employee ultimately receiving more FMLA leave than the 12-week yearly allotment.
Another, less frequent example, occurs when an employee who is not eligible for FMLA leave becomes "entitled" to it because someone in management said that FMLA covers the absence. In such cases, if the employee relies to his detriment on employer statements that his absence is covered by FMLA, the employer will most likely lose its defense that the employee was not entitled to FMLA leave in the first place.
Because of these and other potential pitfalls in the FMLA designation process, all supervisors must be trained to recognize when any employee's absence or request for time off should be reported to HR. It is equally important that non-HR supervisors avoid making any comments that an employee could take as meaning his/her absence will be covered by the FMLA. Finally, to reduce the risk of an ineligible employee "remembering" after-the-fact that "my supervisor told me I was on approved FMLA leave," HR staff should give written notice to employees who are not entitled to FMLA leave explaining the reasons for ineligibility or non qualification.
Although supervisors are not expected to be FMLA "experts," sufficient training can help them: (1) recognize when FMLA rights may be triggered; (2) remember to notify HR of the situation; and (3) refrain from opining about FMLA entitlement. If you don't train, you won't gain from having an FMLA designation process.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
