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Five Common FMLA Myths That Create Real Problems for Employers

By Stephanie Dillon posted 3 hours ago

  

The Family and Medical Leave Act sounds straightforward: eligible employees may receive job-protected leave for qualifying family and medical reasons. In practice, FMLA administration is rarely that simple. 

The biggest problems often do not start with an employer intentionally denying leave. They start with a supervisor who does not recognize a potential FMLA situation, an incomplete certification that is handled incorrectly, or an assumption that paid time off and FMLA are separate issues. 

Here are five common FMLA myths, where employers tend to get tripped up, and practical steps you can take to reduce complications. 

Myth 1: “The employee has to ask for FMLA. 

Employees do not need to say “FMLA,” complete a formal leave request, or identify the law by name before the employer may have an obligation to respond. 

An employee only needs to lay the groundwork with enough information to indicate their absence(s) may be covered. Informal notice from the employee may develop over time and only needs to be sufficient enough to alert the employer to a potential FMLA situation for the employer to take action 

This information might materialize through comments such as: 

  • My child’s doctor’s appointments are becoming more frequent.” 

  • I am struggling at home and need to take some time off.” 

  • I will need to leave early every Monday and Friday for physical therapy.” 

  • “I have another appointment related to the condition I told you about.” 

  • “My migraines are getting worse, and I may need to miss work periodically.” 

The employee may tell HR, but just as often, the employee tells their supervisor or even a co-worker. Once a supervisor has enough information suggesting that absences may be FMLA-related, the organization is considered aware of the situation and their compliance obligations begin. 

Where employers get tripped up 

A manager treats each absence as a separate attendance issue because the employee never requested a “leave of absence.” By the time HR learns what is happening, the employee has accumulated attendance points or received discipline. 

How to prevail 

Train supervisors to recognize potential triggers and escalate them to HR. Managers do not need to diagnose the condition or decide whether the employee qualifies. They need to recognize clues and ask neutral questions such as: 

  • Is the absence related to your own health or a family member’s health? 

  • How long do you expect to be out? 

Catapult’s FMLA Decision Tree directs managers to ask limited follow-up questions and send possible or uncertain situations to HR for review.  

Practical tip: Add an FMLA trigger section to supervisor training and give managers Catapult’s FMLA Decision Tree. A well-written policy will not protect the organization if supervisors do not know when to use it. 

Myth 2: “If the employee has PTO, we do not need to address FMLA yet. 

Paid time off and FMLA answer two different questions. 

PTO addresses whether the employee will be paid. FMLA addresses whether eligible leave is job-protected. FMLA leave may be unpaid, or it may run at the same time as employer-provided paid leave.  

Allowing an employee to use PTO without evaluating FMLA can delay required notices, create inconsistent leave treatment, and potentially give the employee more time away from work than the employer intended. 

For example, suppose an employee uses four weeks of PTO for surgery. If the employer waits until the PTO is exhausted to begin the FMLA process, it may create confusion about whether those first four weeks counted toward the employee’s FMLA entitlement. 

Where employers get tripped up 

  • Assumption that approved PTO automatically resolves the absence. 

  • Managers, HR, and a third-party leave administrator use different leave dates. 

  • The handbook does not clearly explain when paid leave runs concurrently with FMLA. 

  • An employee receiving workers’ compensation or disability benefits is handled the same way as an employee using ordinary PTO, even though the rules under those plans may differ. 

How to prevail 

Review the reason for the absence when the employer first receives enough information to suggest that FMLA may apply. Do not wait for the employee to use all available PTO. 

Provide the required notices promptly, communicate whether paid leave will run concurrently with FMLA, and make sure HR, payroll, supervisors, and any leave administrator are using the same dates. 

Practical tip: Use one leave-tracking record that shows: 

  • First date of absence 

  • Date the employer learned the potential FMLA reason 

  • Eligibility determination 

  • Notice dates 

  • Certification deadline 

  • Approved frequency and duration 

  • FMLA time used 

  • PTO or other paid benefits applied concurrently 

The U.S. DOL’s FMLA Employer Guide follows the leave process from the employee’s initial notice through certification, designation, benefits continuation, and restoration. Review the DOL FMLA Employer Guide.  

Myth 3: “FMLA has to be taken in one continuous block. 

FMLA leave may be continuous, intermittent, or taken through a reduced work schedule when the applicable requirements are met. 

Intermittent leave may cover separate periods of absence for the same qualifying reason. A reduced schedule may change the employee’s usual number of working hours per day or week. Chronic conditions and treatment-related appointments typically result in intermittent or reduced schedule leave.  

Bonding leave is an important distinction. Under FMLA, intermittent bonding leave generally requires employer approval, while medically necessary intermittent leave is handled differently. Check out Catapult’s article on FMLA Bonding Time for more detailed information on this topic. State leave laws may also provide additional rights. 

Where employers get tripped up 

Intermittent leave becomes difficult when: 

  • The certification says “as needed” without an estimated frequency or duration. 

  • The employee’s absences exceed the certified pattern. 

  • Monday and Friday absences begin to appear regularly. 

  • Supervisors apply attendance points before checking with HR. 

  • Employers assume that a suspicious pattern proves misuse. 

  • Different managers require different call-in procedures. 

How to prevail 

Start with the certification, not an assumption about the employee’s motives. Track leave accurately and compare actual absences with the certified frequency and duration. 

Employers may generally enforce usual and customary call-in procedures unless unusual circumstances prevent the employee from following them. Document absence patterns, use the prescribed certification and recertification process allowed under FMLA, and follow up when circumstances change or the employer receives information that casts objective doubt on the stated need for leave.  

Practical tip: When an employee reports an intermittent absence, ask consistent, limited questions: 

  1. Is this absence related to your approved FMLA condition? 

  1. What is the expected duration? 

Myth 4: “We have to accept whatever is written on the medical certification. 

Employers do not need an employee’s complete medical record, but they also do not have to accept a certification that is incomplete, vague, or insufficient. 

A certification may create problems when it: 

  • Omits necessary information. 

  • Uses unclear terms such as “ongoing” or “as needed” without further explanation. 

  • Does not estimate the probable duration of the condition. 

  • Does not provide an expected frequency or duration for intermittent absences. 

An employer should use Designation Notice, form WH-382to identify certification deficiencies in writing and provide the employee 7 calendar days to cure them.   

Where employers get tripped up 

Some employers approve unclear certifications because they are hesitant to ask follow-up questions. Others move too quickly in the opposite direction and deny leave without giving the employee an opportunity to correct missing or insufficient information. 

Healthcare provider contact must be carefully controlled and handled only by an authorized representative in accordance with FMLA requirements. 

How to prevail 

Use a consistent certification review process: 

  • Confirm that all required sections have been completed. 

  • Identify exactly what is missing or unclear. 

  • Notify the employee of the deficiency in writing. 

  • Allow the required opportunity to cure the certification. 

  • Limit any authentication or clarification request to permissible information. 

  • Consider recertification when allowed and supported by the circumstances. 

  • Document every step. 

Practical tip: Use Catapult’s FMLA Medical Certification Review Checklist. Do not rely on memory, particularly when multiple HR team members or a third-party administrator handles leave. 

Myth 5: “Once 12 weeks are exhausted, we can automatically terminate employment. 

FMLA does not require indefinite leave. However, the end of FMLA is not the end of the employer’s obligations. 

If the employee cannot return when FMLA leave is exhausted, the employer needs to consider whether another policy or law applies. The Americans with Disabilities Act (ADA) is most likely the next analysis employers need to examine but workers’ compensation, state leave laws, or an employer’s own leave policy could present additional considerations. 

Where employers get tripped up 

  • A termination letter is prepared automatically for the day after FMLA expires. 

  • No one asks whether the employee needs additional leave or another workplace change. 

  • The employee is returned to a position that is not virtually identical to the one they left. 

  • Performance issues are raised for the first time immediately after leave. 

  • A supervisor makes comments suggesting that the employee’s leave created hardship for the team. 

  • An employee’s protected absence is counted against them in a performance or attendance decision. 

The most common employer errors stem from failure to reinstate employees according to the FMLA regulations, lack of supervisor training, retaliation (perceived or otherwise) against employees for requesting or utilizing FMLA, and failing to address performance problems before leave.  

How to prevail 

Before making a decision at the end of FMLA, pause and review: 

  • Can the employee return to the same position? 

  • Has the employee requested additional leave or another adjustment? 

  • Were performance or conduct concerns documented before the leave? 

  • Would the same decision have been made if the employee had not taken FMLA? 

  • Have similar situations been handled consistently? 

Practical tip: Begin your ADA process immediately at the exhaustion of FMLA if the employee has not returned. Use Catapult’s ADA & Accommodations Toolkit for guidance. Include a Catapult HR Advisor or our legal advice when the facts are complex. 

The Best FMLA Protection Is a Consistent Process 

Most FMLA complications are not caused by one dramatic mistake. They develop through smaller process gaps: 

  • A supervisor waits too long to notify HR. 

  • An absence is coded incorrectly. 

  • A certification deficiency is not documented. 

  • Intermittent leave is not tracked against the approved frequency. 

  • A return-to-work decision is made without considering other obligations. 

  • Similar employees receive different answers. 

The strongest approach is not to make the policy longer. It is to make the process clearer. 

Train supervisors. Centralize leave decisions. Use consistent notices and checklists. Track dates carefully. Address performance concerns when they occur, not after an employee requests leave. And when FMLA ends, stop long enough to determine whether another obligation begins. 

That is how employers move from reacting to leave problems to managing them with consistency and confidence. 

This article provides general HR information and is not legal advice. FMLA decisions are fact-specific, and employers should review applicable federal, state, and local requirements. 


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