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:
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.
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:
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
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:
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:
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:
-
Is this absence related to your approved FMLA condition?
-
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:
An employer should use Designation Notice, form WH-382 to 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.
Use a consistent certification review process:
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
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.
Before making a decision at the end of FMLA, pause and review:
The Best FMLA Protection Is a Consistent Process
Most FMLA complications are not caused by one dramatic mistake. They develop through smaller process gaps:
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.