5 FMLA Paperwork Mistakes

Introduction to FMLA Paperwork Mistakes

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid leave in a 12-month period for certain family and medical reasons. While the FMLA is designed to provide employees with job protection and benefits during a challenging time, the paperwork and administrative requirements can be complex and daunting for both employees and employers. In this article, we will explore five common FMLA paperwork mistakes that can have serious consequences for employers and employees alike.

Understanding FMLA Eligibility

Before we dive into the common mistakes, it’s essential to understand the eligibility criteria for FMLA leave. To be eligible, an employee must have worked for the employer for at least 12 months, completed at least 1,250 hours of service in the 12 months preceding the start of leave, and work at a location with at least 50 employees within a 75-mile radius. Employers must also provide employees with a general notice explaining the FMLA and its requirements, as well as an eligibility notice informing the employee of their eligibility status.

Mistake 1: Failure to Provide Required Notices

One of the most common FMLA paperwork mistakes is the failure to provide required notices to employees. Employers must provide employees with a general notice, an eligibility notice, a rights and responsibilities notice, and a designation notice. The general notice must be provided to all employees, while the eligibility notice, rights and responsibilities notice, and designation notice must be provided to employees who request FMLA leave. Failure to provide these notices can result in liability for the employer, even if the employee is not eligible for FMLA leave.

Mistake 2: Inaccurate or Incomplete Certification Forms

Another common mistake is the use of inaccurate or incomplete certification forms. Employers must use the optional forms provided by the U.S. Department of Labor or create their own forms that include all the required information. The certification form must include the employee’s name, the reason for leave, and the duration of leave, among other information. Employers must also provide employees with at least 15 calendar days to return the certification form, and employees must be given a reasonable opportunity to cure any deficiencies in the certification.

Mistake 3: Failure to Designate Leave as FMLA

Employers must designate leave as FMLA-qualifying within five business days of receiving sufficient information to determine that the leave is for an FMLA-qualifying reason. Failure to designate leave as FMLA can result in liability for the employer, even if the employee is not eligible for FMLA leave. Employers must also provide employees with a written designation notice that includes the amount of leave designated, the expected duration of leave, and any requirements for the employee to provide certification or periodic reports during leave.

Mistake 4: Inadequate Record-Keeping

Inadequate record-keeping is another common FMLA paperwork mistake. Employers must maintain accurate and detailed records of all FMLA leave, including the dates of leave, the amount of leave taken, and the reason for leave. Employers must also maintain records of all notices provided to employees, as well as any certification forms or other documentation related to the leave. Failure to maintain adequate records can make it difficult for employers to defend against FMLA claims, and can result in liability for the employer.

Mistake 5: Failure to Provide Required Benefits

Finally, employers must provide employees with all required benefits during FMLA leave, including health insurance and other benefits. Employers must continue to pay their share of health insurance premiums during leave, and employees must be allowed to continue their health insurance coverage during leave. Failure to provide required benefits can result in liability for the employer, and can also result in the loss of job protection for the employee.

💡 Note: Employers must also comply with all applicable state and local laws, which may provide greater protections for employees than the FMLA.

Best Practices for FMLA Administration

To avoid these common FMLA paperwork mistakes, employers should implement best practices for FMLA administration. This includes providing clear and accurate notices to employees, using optional forms provided by the U.S. Department of Labor, and maintaining accurate and detailed records of all FMLA leave. Employers should also provide training to HR personnel and managers on the FMLA and its requirements, and should have a clear and consistent policy for administering FMLA leave.

Best Practice	Description
Provide clear and accurate notices	Provide employees with a general notice, an eligibility notice, a rights and responsibilities notice, and a designation notice.
Use optional forms	Use the optional forms provided by the U.S. Department of Labor or create your own forms that include all the required information.
Maintain accurate records	Maintain accurate and detailed records of all FMLA leave, including the dates of leave, the amount of leave taken, and the reason for leave.
Provide training	Provide training to HR personnel and managers on the FMLA and its requirements.
Have a clear policy	Have a clear and consistent policy for administering FMLA leave.

In summary, avoiding common FMLA paperwork mistakes requires a thorough understanding of the FMLA and its requirements, as well as a commitment to providing clear and accurate notices, using optional forms, maintaining accurate records, providing training, and having a clear policy for administering FMLA leave. By following these best practices, employers can minimize the risk of liability and ensure compliance with the FMLA.

As we reflect on the key points discussed, it’s clear that navigating the complexities of the FMLA requires careful attention to detail and a proactive approach to compliance. By being aware of the potential pitfalls and taking steps to avoid them, employers can create a more supportive and inclusive work environment for their employees, while also protecting their business from potential liability.