Managing Employee Leave and FMLA Compliance
Employers must handle employee leave policies carefully to remain compliant with federal and state laws. Among these, the Family and Medical Leave Act (FMLA) stands out as a primary protection for employees requiring extended time off due to serious health conditions, family responsibilities, or childbirth.
However, managing leave requests while maintaining proper documentation, scheduling, and compliance can quickly become challenging for businesses of all sizes. Companies that fail to properly handle employee leave risk fines, lawsuits, and employee dissatisfaction.
At Curiale Hostnik, PLLC, we help businesses across Tacoma, Washington, and the surrounding areas meet their legal obligations when it comes to employee leave and FMLA compliance.
With our employment law attorney, we provide practical guidance and representation to address disputes, review policies, and reduce liability for our clients. We’re committed to supporting employers throughout Tacoma, Washington, and cities across Pierce County.
Overview of FMLA and Its Key Requirements
The Family and Medical Leave Act provides eligible employees with job-protected, unpaid leave for specific family and medical reasons. An employment law attorney can help employers understand when the FMLA applies, what leave must be provided, and how to handle employee requests correctly to comply with the law.
Basic Eligibility Under FMLA
FMLA applies to private-sector employers with 50 or more employees within a 75-mile radius. Employees are eligible if they have worked for the employer for at least 12 months and have completed at least 1,250 hours of service during that time.
Leave Entitlements Provided by FMLA
Eligible employees are entitled to up to 12 workweeks of unpaid leave within a 12-month period for:
The birth or adoption of a child.
Caring for an immediate family member with a serious health condition.
Their own serious health condition that prevents them from performing essential job functions.
According to the U.S. Department of Labor, employees may also be entitled to up to 26 workweeks of leave to care for a covered service member with a serious injury or illness.
Employer Responsibilities
Employers must:
Maintain group health insurance benefits during FMLA leave.
Restore the employee to the same or an equivalent position upon their return.
Provide timely notices regarding FMLA rights and responsibilities.
Keep accurate records of leave requests and usage.
By fulfilling these obligations, employers foster a supportive workplace while adhering to federal regulations.
Common FMLA Compliance Challenges for Employers
Employers frequently face challenges in tracking leave, determining eligibility, and responding appropriately to leave requests. Consulting with an employment law attorney can help prevent unintentional mistakes that might lead to legal disputes.
Inadequate Documentation
Failing to properly document FMLA leave requests and related communications can create significant risk. Employers must maintain clear records, including:
Dates of leave.
Reason for leave.
Medical certifications (when applicable).
Without this documentation, employers may struggle to defend their actions if a dispute arises.
Mishandling Intermittent Leave
Intermittent leave allows employees to take leave in separate blocks of time. Properly managing intermittent leave requires accurate tracking and advanced scheduling to prevent workplace disruptions. Missteps in handling this type of leave can lead to unapproved denials or scheduling conflicts.
Failing to Recognize FMLA-Qualifying Events
Some employers overlook qualifying leave situations, especially when employees don’t explicitly request "FMLA leave." If an employee provides enough information to suggest a serious health condition or family emergency, the employer must evaluate whether FMLA protections apply.
According to the United States Department of Labor, it’s the employer's responsibility to determine if leave qualifies under the FMLA, even if the employee doesn’t specifically mention the FMLA by name.
Managing Employee Leave Beyond FMLA
While the FMLA provides a federal baseline, an employment law attorney can help explain additional Washington State leave laws that may supplement or overlap with FMLA protections.
Washington Paid Family and Medical Leave (PFML)
Washington’s Paid Family and Medical Leave program offers paid leave benefits to eligible employees. Unlike FMLA, which is unpaid, PFML provides partial wage replacement. Employees may use PFML for:
Bonding with a new child.
Caring for a family member with a serious health condition.
Dealing with their own serious health condition.
Employers in Pierce County, Washington, must manage both FMLA and PFML requests simultaneously when applicable.
Paid Sick Leave in Washington State
Washington law also requires that most employees earn at least one hour of paid sick leave for every 40 hours worked. Paid sick leave can cover minor illnesses, medical appointments, and preventive care. Employers must integrate these policies with broader leave management practices to stay compliant.
ADA Considerations for Extended Leave
In some cases, employee leave may also qualify as a reasonable accommodation under the Americans with Disabilities Act (ADA). An employment law attorney can help employers determine when they may need to grant additional unpaid leave beyond FMLA or PFML if the leave is necessary to accommodate an employee's disability.
Building Clear and Compliant Leave Policies
A well-written leave policy is essential to avoid misunderstandings and protect the business from legal challenges.
Key Elements of a Leave Policy
A leave policy should address:
Eligibility for different types of leave (FMLA, PFML, sick leave, personal leave).
Required notice periods for requesting leave.
Documentation requirements.
Coordination between FMLA and other leave types.
Attorney Curiale encourages businesses to regularly review their leave policies to align with changing federal and state laws.
Communicating Policies to Employees
It’s critical that employers distribute their leave policies to all employees and make them easily accessible, such as by including them in employee handbooks. Providing training for supervisors can also help prevent miscommunications and mismanagement of leave requests.
Handling Employee Leave Requests Properly
Employers must follow specific steps when responding to leave requests to remain compliant.
Reviewing Eligibility and Certifications
Employers should promptly assess whether the employee meets FMLA eligibility criteria. If so, they must provide a Notice of Eligibility and Rights and Responsibilities within five business days.
When required, employers may ask for a medical certification to support the need for leave. Employees must usually provide the certification within 15 calendar days.
Providing Timely Designation Notices
Once eligibility is confirmed, the employer must issue a Designation Notice to confirm that the leave qualifies under FMLA. The notice must specify whether the leave will count against the employee’s FMLA entitlement.
Maintaining Confidentiality
Employers must handle medical information related to leave requests with care. All medical documents should be kept in separate confidential files, apart from general personnel records.
Addressing FMLA Misuse and Abuse
While most employees use FMLA leave appropriately, some may attempt to misuse leave protections. An employment law attorney can help employers implement reasonable oversight to protect their businesses.
Requesting Recertification
When an employee is on extended or intermittent leave, employers may request periodic recertification to confirm the continuing need for leave. This can help address potential misuse while remaining compliant with the law.
Investigating Leave Abuse
If an employer suspects FMLA abuse, they may investigate by reviewing leave patterns, gathering witness reports, and verifying documentation. However, employers should approach these situations carefully to avoid retaliation claims.
Protecting Against Retaliation Claims
Employers must never penalize employees for exercising their FMLA rights. Disciplinary actions or terminations that appear connected to an employee's leave can trigger retaliation claims.
Top Practices for Employers
Attorney Curiale advises employers to:
Document all performance concerns unrelated to leave.
Apply disciplinary policies consistently.
Avoid making negative comments about an employee’s leave.
Employers who handle these situations fairly and carefully reduce their risk of facing legal challenges.
Frequently Asked Questions About Employee Leave and FMLA
Here are some questions that may be helpful for your situation.
Can Employers Require Employees to Use Paid Leave During FMLA?
Yes. Employers may require employees to use accrued paid leave, such as vacation or sick leave, during FMLA leave. This policy must be applied consistently and disclosed in the company’s leave policy.
What Happens If an Employee Exceeds FMLA Leave?
When an employee exhausts their 12-week FMLA entitlement but still can’t return to work, the employer should evaluate whether additional unpaid leave may be required as a reasonable accommodation under the ADA. Employers must carefully assess each situation to determine appropriate next steps.
Are Small Businesses Required to Comply With FMLA?
FMLA applies only to private employers with 50 or more employees within a 75-mile radius. However, smaller employers in Tacoma, Washington, are still subject to state-specific leave laws like Paid Family and Medical Leave and paid sick leave.
Can Employers Deny Leave If Proper Notice Isn’t Provided?
Employees are required to provide at least 30 days’ notice when the need for leave is foreseeable. If the employee fails to provide timely notice without reasonable justification, the employer may delay the start of FMLA coverage. However, employers should carefully review each case to remain compliant with federal and state rules.
Is Job Restoration Always Assured After FMLA Leave?
Generally, employees must be reinstated to the same or an equivalent position upon their return from FMLA leave. However, there are some exceptions for “key employees,” such as salaried employees in the top 10% of earners, under specific circumstances.
How Should Employers Track Intermittent Leave?
Employers should track intermittent leave in the smallest time increments used for other forms of leave, provided it’s no greater than one hour. Accurate recordkeeping is essential to track the total amount of FMLA leave used.
Can Employers Require Fitness-for-Duty Certifications?
Yes. Employers may require employees returning from FMLA leave due to their own serious health condition to provide a fitness-for-duty certification. This requirement must be applied consistently across similarly situated employees.
Employment Law Counsel
At Curiale Hostnik, PLLC, we are ready to help employers across Tacoma, Washington, and cities throughout Pierce County, including Puyallup, Bonney Lake, Sumner, Gig Harbor, and University Place, Washington, manage employee leave and stay compliant with FMLA requirements. Contact our employment law attorney today.