Experts Offer Training Guidance

At an annual SHRM conference, Jeff Nowak, a management-side employment attorney and founder of FMLA Insights, and Matt Morris, VP of FMLASource, shared eight things you should cover when training your managers on the ins and outs of FMLA leave requests.

1.Be on the lookout for a serious health condition

As you know, the law provides job-protected leave for employees with a serious health condition.

Relevant here, managers need to know when an employee’s sick day for an illness or injury could potentially turn into something more. For example, if an employee takes a day off due to a sore back, encourage managers to ask whether it is a temporary strain or a chronic condition.

2.Know when to involve HR

When a manager realizes that an employee might qualify for FMLA leave, they need to know that HR must be brought into the conversation.

Get specific. Let managers know when and how they should reach out to HR.

3.Remember FMLA can be intermittent

Let managers know that FMLA leave isn’t always long-term. Under certain circumstances, employees may take intermittent leave under the law.

If an employee has been approved for intermittent leave, managers must be able to identify what’s considered an intermittent leave and what’s just a regular sick day.

4.Enforce policies consistently

If your company has certain call-in procedures for employees using intermittent leave, those policies must apply to everyone.

Managers must understand they have to apply these policies fairly and consistently. When managers play favorites or bend the rules on FMLA call-in procedures, those mistakes can — and often do — come back to bite the company in court.

5.Check their emotions at the door

Of course, you understand that FMLA leave requests can be frustrating. But even so, managers cannot show their frustration or unhappiness over an employee’s leave request.

The bottom line is simple: Managers have to check their emotions and realize it’s not about them.

During training, have managers role-play appropriate responses to leave requests. Examples of appropriate responses include:

• Let me know how I can help you.
• Thank you for letting me know about your situation.
• I'll notify HR about your request, and they can provide you with any necessary documentation and details about the process.

6.Keep things confidential

Managers can’t discuss an employee’s medical condition or FMLA leave with co-workers who don’t need to know about it. Doing so can violate the law.

Help managers come up with responses if co-workers ask about an employee on leave. Examples include:

• I understand your concern but I can’t discuss specific details about anyone’s leave.
• We have policies in place to support employees who need time off for personal or family reasons, but I can’t share any personal information.
• We all need support from time to time. It’s important to respect [the employee’s] privacy while they’re on leave.

7.Don't bother workers on leave

Employees out on FMLA leave shouldn’t have much contact with the company.

There may be situations where contact is necessary, but those instances should be limited — and they should be handled very carefully. Too much contact may risk an FMLA interference claim.

Train your managers to ask HR before reaching out to someone on leave.

8.Create rock-solid documentation

It’s a fact that’s been proven time and time again: Documentation can make or break you in court.

If you fire someone while they’re on, or just returning from, FMLA leave, you’re likely to face an FMLA lawsuit. It’s kind of a go-to move for employee-side attorneys: “Oh, you were on FMLA leave when they fired you. That’s interference and retaliation.”

That’s why managers must document everything, including performance issues or strange leave patterns that could indicate FMLA abuse.

Information provided by: HR Morning