Family and Medical Leave Act: Liability Hot Spots

The Family and Medical Leave Act (FMLA) is a complex law with multiple potential pitfalls for unwary employers. United Educators (UE) created this report to highlight the most common “hot spots” that often trigger FMLA liability and our recommendations for avoiding or mitigating them.

• Ensure your written policies clearly explain FMLA leave rules, including employee documentation requirements.
• Appropriate supervisor training is crucial to help ensure your school doesn’t violate the law. Supervisors must be able to recognize when an employee’s request for leave may implicate the FMLA — and the need to involve Human Resources.
• Consult legal counsel about close questions and difficult circumstances, such as firing employees on or recently returned from FMLA leave.