Importance of Training Managers in FMLA Requirements

Managers are employed because they are good at managing people, are strong subject matter experts, or both. They are not hired as lawyers, but they need to be aware of the legal requirements of the MANY laws and regulations surrounding employment. 

Case #1: Supervisor knew or should have known there was a medical condition but didn’t act. 

The training: Help managers see how a serious health condition is different from being sick. A serious health condition is an illness, injury or physical or mental condition that involves: inpatient care, a period of incapacity for more than 3 consecutive calendar days and continuing treatment, any period of incapacity for pregnancy or prenatal care, a chronic serious health condition or absences for treatment. 

Case #2: Supervisor knew of the need for FMLA leave but failed to redirect to the proper channels. 

The training: Tell the manager to follow established policies. 

Case #3: Supervisor responded inappropriately to the request. 

The training: Train the supervisor to react calmly and with empathy and consider recommending a practiced, standard response.  

Case #4: Supervisor made improper comments during the leave. 

The training: Train managers to know they should not talk to co-workers and subordinates about the details of the leave, email anyone about the effect the leave will have or reference the leave in the employee’s performance review. [I.e., remember that it is not anyone else’s business.] Let them know they should keep opinions and emotions in check, focus on the objective information about the leave (start and end date, staffing in employee’s absence, etc.) and ask the employee how the organization can help. 

Case #5: Supervisor improperly contacted an employee during the leave. 

The training: Let managers know they cannot condition continued employment on completing work while on FMLA leave or coerce or require an employee to work while on FMLA leave. Tell them they can contact an employee on FMLA leave to request a password to access a file or locate paperwork, request update on where a particular matter was left or to ask to pass on institutional knowledge. But a general rule is to leave the employee alone and to contact HR first. 

Case #6: Supervisor tainted the termination decision. 

The training: Be careful with termination decisions when leave is involved and inform managers they can be sued themselves for inappropriate behavior. Tell the manager they should document what happened. That can be reviewed to reveal potential bullying or bad decisions. HR also can take the termination decision to an independent decision maker.