Avoid These 5 FMLA Pitfalls

Avoid These 5 FMLA Pitfalls

FMLA

From incomplete documentation to missed eligibility checks, discover the top five FMLA mistakes and how to keep your business compliant and protected.

If your business has 50 or more employees, you are required to comply with the Family and Medical Leave Act (FMLA). While most employers understand the basics, many unknowingly make costly errors that can lead to penalties, employee disputes, and legal exposure.

Here are five common FMLA compliance pitfalls and how to avoid them:

    • Missing the Eligibility Check: Before granting or denying FMLA leave, employers must confirm that the employee is eligible. This includes verifying that the employee has worked for the company for at least 12 months, has logged 1,250 hours in the past year, and works at a location with 50 or more employees within a 75-mile radius. Skipping this step can lead to improper denials or unauthorized leave approvals.
    • Failing to Provide Timely Notice: FMLA regulations require employers to provide written notice of an employee’s rights and responsibilities within five business days of a leave request. Delays or incomplete notices can open the door to disputes and penalties.
    • Inadequate Documentation and Recordkeeping: Accurate records must be kept for each employee’s FMLA leave, including hours used, reason for leave, and all communications. Poor documentation can make it difficult to defend against claims of interference or retaliation.
    • Misclassifying Leave or Conditions: Certain serious health conditions or intermittent leave scenarios may be incorrectly classified or overlooked entirely. For example, chronic conditions like migraines or mental health issues may qualify under FMLA but are often missed without a detailed review.
    • Penalizing Protected Leave: Employers may inadvertently discipline or terminate employees based on attendance points or performance reviews tied to FMLA absences. This constitutes interference with FMLA rights and is one of the most frequent causes of litigation.

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Complying with the Family and Medical Leave Act (FMLA) is not only a legal obligation but also a demonstration of your commitment to employee welfare. If you have any concerns about whether your current practices align with FMLA standards, our compliance team is available to help.

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PeopleWorX clients have access to expert support, practical tools, and real-world guidance to navigate leave laws with confidence.
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