Podcast Offers FMLA Compliance Tips to Avoid Common Pitfalls

Hosted by: David Weisenfeld

The Family and Medical Leave Act continues to trip up many employers, so much so that it is sometimes referred to as part of the Bermuda Triangle of employment law. But what can an employer do to steer clear of trouble and ensure compliance?

On this XpertHR podcast, Ogletree Deakins employment attorney Steven Luckner discusses common pitfalls involving the FMLA. He says it is crucial to train managers about the FMLA so they understand what is expected of them when an employee indicates that he or she may need that type of leave. Luckner adds, "HR professionals are having to manage the manager."

FMLA Compliance Tips to Avoid Common Pitfalls

July 9, 2015

Luckner asserts that the question he hears most often from clients in this area involves what he calls "the run from the Americans with Disabilities Act (ADA) to the FMLA." The question typically involves whether the employer can fire an employee after his or her FMLA leave expires. Luckner says of the FMLA, "Oftentimes employers have a difficult time grasping that the 12 weeks is not the be all and end all to employee leave." For instance, he points out that reasonable accommodation issues may still arise under the ADA.

Another key topic involves employer claims of FMLA fraud. Luckner notes that employers must be careful not to overreach if acting upon surveillance of an employee. He says, "Simply because someone is on FMLA leave doesn't mean they have to sit in a darkened house all day."