while managing FMLA
1. Failure to Notify
employees of FMLA policies
Employers must keep employees informed of their FMLA rights. If not, you may be violating their FMLA rights. It is also suggested that you communicate the procedure by which leave needs to be taken and how FMLA leave is monitored.
2. Removing Employees
from their previous roles
While FMLA provides employees with job-protected leave, their employer must place them in the same role, or a role with equal pay, benefits, and responsibility when they return.
3. Asking for too Much
Employers are entitled to receive an adequate amount of information to ensure the employee does have a FMLA qualifying condition. Although according to the DOL asking for too much medical information may discourage employees from applying for FMLA leave.
4. Granting Leave
to ineligble employees
Employers occasionally grant unfound time to employees for fear of litigation. Employers need to actively manage absence claims to ensure employees are eligible for FMLA leave according to DOL specifications.
5. Failure to Make Employees
aware of certification rules
Ensure your employees are aware of what certification they are required to complete, and the date the certification is required to be returned. Engaging with employees through the process reduces the risk of litigation.
Making these common mistakes could put your
company at risk of litigation.
As of May 2014, the DOL will be increasing on-site visits regarding FMLA investigations1.
The average cost of a litigation is $335,0002
1FMLA Insights “Department of Labor to Increase Frequency of FMLA On-site Investigations” April 25, 2013
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