Emma, a marketing specialist with anxiety and migraines, takes FMLA leave as advised by her doctor to manage sudden migraine attacks. Following her provider’s guidance, she heads to a botanical garden for relief, where the peaceful outdoor setting helps ease her symptoms. Coincidentally, Emma’s manager, on her day off, visits the same garden and spots Emma under a tree. The manager, curious about Emma’s FMLA leave use, may wonder if it’s appropriate. In these situations, it is critical to avoid assumptions or accusations.
Why Accusations Can Lead to Serious Consequences
Jumping to conclusions without knowing all the facts can quickly lead to costly FMLA interference claims, which are legally risky and can damage employer-employee relationships. One recent interference case, for example, led to an award of $2.8 million. Rather than making assumptions, a respectful inquiry—such as “I’m confused; help me understand…”—allows the employer to gain clarity without accusation. This approach minimizes the risk of claims and reinforces a supportive workplace.
Types of FMLA Claims Employers Must Avoid
There are two primary FMLA claims employees can file with the Department of Labor, both of which employers should avoid:
- Interference Claims:
- Retaliation Claims:
Key Takeaways for Preventing FMLA Claims
Here’s what you need to know to prevent FMLA claims:
- Cost of FMLA Violations: Severe FMLA violations can lead to multimillion-dollar penalties, covering back pay, legal fees, and damages.
- Importance of Training: Comprehensive FMLA training for HR, managers, and supervisors helps avoid costly errors and ensures proper handling of FMLA leave.
- Benefits of Proactive Knowledge: A well-informed leadership team can avoid legal missteps, supporting employees’ unique health needs and promoting a compliant, fair workplace.
By fostering a culture of understanding and taking steps to educate all leaders on FMLA and other employment laws, employers can prevent interference and retaliation claims, saving the company from costly consequences and protecting employee rights.
If you or your managers and supervisors need the best FMLA training available, I invite you to join us. Here’s the link to register and learn more about our program.
Elga Lejarza
Founder/CEO
HRDevelop.com
