FMLA 1
FMLA stands for
Family and Medical Leave Act
True or False: ADA stands for Always Demanding Attention
False: ADA stands for Americans with Disabilities Act
Hospital, car accident, surgery, suicidal, terminal illness
Words you hear that should trigger you to reach out to HR
True or False: An employee need to use the words "FMLA" to request protected leave.
False. It is the leaders responsibility to recognize possible FMLA time and reach out to HR. HR will then reach out to the employee educate the employee on their rights under FMLA and potentially ADA.
You know your employee is not eligible for FMLA, so do you reach out to HR and tell them anyway? Seems like an extra phone call and you already know the end result.
YES YES YES
Notice of Eligibility & Rights and Responsibilities under the Family and Medical Leave Act needs to be given to an employee regardless of if they qualify or not.
Also, if an employee does not qualify for FMLA, they may still be eligible under ADA for an accommodation of some sort.
What is the purpose of FMLA
To allow an eligible employee to take up to 12 weeks / 480 hours of unpaid, job protected leave for certain qualifying situations.
This is federal law and any organization with over 50 employees must abide.
Under the ADA, this type of modification or adjustment allows an employee with a disability to perform essential job functions.
What is a reasonable accommodation?
Can an employee take 12 weeks for her own serious health condition and then two months after returning take another 12 weeks for her child?
No. An employee can only take 12 weeks in the past 12 month period.
Available FMLA time is calculated on a rolling 12 month basis
But you do need to reach out and notify HR of the situation as an employee may be eligible for an accommodation under ADA
If a manager disciplines or terminates an employee shortly after they request FMLA leave or an ADA accommodation, it could be seen as this illegal action.
Retaliation
We aren't saying you can't do it. We are just saying reach out to HR and lets talk through it. Our goal is always to support you as leaders, while protecting the organization and the employees and we want to find the best way to do that.
If an employee asks for an accommodation you must ask them to provide a valid reason and elaborate on why they feel they need it.
No No No
You reach out to HR and let us take the conversation from there. You as leaders make hiring, firing and disciplinary decisions. We don't want you having employees medical information because we don't ever want the perception or accusation that one of your decisions was based on medical information.
Who is Eligible for FMLA
an employee must have worked for an employer for at least 12 months, worked 1,250 hours in the 12 months preceding the leave, and work at a site with at least 50 employees within 75 miles.
With remote work becoming so popular the 3rd requirement is not usually considered but the law hasn't been updated and it takes as much money to defend a lawsuit as it does to win it.
True or False: ADA is only for employees
No, it extends to candidates too.
If an employee is out on FMLA or ADA for their own health condition. A _____ must be submitted by the employee to return to work.
A release to return to work.
This must be sent to HR AND approved by HR before the employee works.
Can a leader reach out to an employee on FMLA to check on them?
Yes, but only if you are reaching out to check on them and give them well wishes and if you can do so in a way that doesn't invite them to share medical information. For instance, if your employee is out on FMLA you may reach out to give your congratulations. If you have an employee out on FMLA due to their child having surgery you can reach out as a leader to let them know they and their child are in your thoughts. Conversations should be kept short and delivered in a way that the employee knows you care about them as a person, but doesn't feel like you are fishing for information.
You receive an accommodation from an employee. It seems reasonable and something your gym can accommodate. Do you approve it yourself?
NO NO NO
For consistency across the organization all accommodation requests must be approved by HR. HR will work with operations to determine if the business can meet the accommodation proposed. We also have more knowledge of case law and current court rulings.
True or False: FMLA can be used continuously or intermittently
True. An eligible employee may use up to 12 weeks or 480 hours in a rolling calendar year. This can be taking continuously or intermittently.
It's the collaborative conversation between an employer and an employee to determine if a reasonable accommodation can be made for a disability.
Interactive dialogue process
What is FMLA interference?
Occurs when an employer takes actions that hinder or obstruct an employee's rights under the Family and Medical Leave Act (FMLA). This can include denying eligible employees the right to take leave, discouraging them from using FMLA, or taking actions that make it difficult for them to exercise their FMLA rights.
Can a leader reach out to a medical provider to obtain additional information on the employee's requested leave or accommodation?
No. HR will handle the FMLA/ ADA paperwork and any medical information that goes with it.
You see your employee struggling and you believe it is due to a disability, but the employee hasn't asked for an accommodation. Do you reach out to HR?
YES YES YES
Courts have ruled that the interactive process must begin as soon as the employer becomes aware (directly or indirectly) that an accommodation may be needed.
This can be triggered by a formal request, a doctor’s note, or even observable struggles related to a known disability.
Under FMLA definitions, who is considered an immediate family member?
Spouse, child, or parent. The courts will also honor "in loco parentis" relationships meaning the individual acts in the role of a parent, providing day-to-day care or financial support.
True or False: All accommodations requested are reasonable
False. The courts deems an accommodation unreasonable if it
causes undue hardship (significant difficulty or expense for the employer)
Fundamentally alters the nature of the job
Poses a direct threat to health or safety that can’t be mitigated
Excuses the person from essential job functions
True or False: There was a Massachusetts case where an employer fired an employee for taking a vacation to Mexico while on FMLA leave resulted in a $1.3 million damage award.
True. The case was in 2019. DaPrato v. Massachusetts Water Resources Authority. The employer had an incomplete understanding of FMLA rules and made emotionally charged decisions. The award included back pay, front pay, emotional distress, punitive damages, and attorneys' fees. The Massachusetts Supreme Judicial Court upheld the verdict.
If an employee is showing signs of a disability but hasn’t requested an accommodation, this is what a manager SHOULD NOT DO.
Make assumptions or diagnose the employee.
Reach out to HR. Do not make assumptions, diagnoses or accommodations on your own.
The employee has already been told they don't qualify for FMLA. You hear another FMLA/ADA trigger word. DO you reach out to HR?
YES YES YES
We still need to notify the employee of their Rights and Responsibilities under FMLA and they might qualify for an accommodation under ADA