The Family Medical Leave Act Liability Hot Spots

Risk Research Bulletin | June 2015 | 1 Comments  Average 4 out of 5

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About This Resource

FMLA laws are complicated and abuse is often difficult to prove, making it difficult to legally take action against an employee suspected of abuse. UE analyzed recent claims to identify best practices that can help your institution avoid the common FMLA mistakes, including:

  • Retaliation against an employee taking leave
  • Failure to provide documentation of employment changes during or after FMLA leave
  • Failure to identify and manage abuse of FMLA leave
  • Failure to designate FMLA leave and provide notice
  • Failure to return an employee to an equivalent job

To make sure that your institution avoids common errors:

  • Involve HR and consult an employment lawyer in any decisions involving employment changes
  • Require an updated medical certification to document the condition, and get a second or third opinion if necessary
  • When in doubt, preliminarily designate time off as FMLA leave and report the situation to HR
  • Document the process leading up to an position change to show you are not singling out an employee and, when in doubt, give the employee a second chance

Read the report for more information on effective FMLA compliance.


  • Avatar

    excellent overview and advice! Thank you UE!

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