FMLA leave usage: How to communicate with employees
In a perfect world, employees would keep track of how much leave they take under the Family and Medical Leave Act (FMLA). But, in the often-times overworked world of a leave administrator, that’s generally wishful thinking. So, where does the burden lie? If it’s up to the employer, how often should they inform employees of their remaining FMLA leave?
The scoop on communicating FMLA usage
According to the FMLA regulations, if an employer knows the amount of FMLA leave an employee is going to use, the employer must notify the employee of the number of hours, days, or weeks that will be counted. This information is provided in the designation notice.
For example, if the employee is planning to use 12 weeks of leave for birth and baby bonding, then an employer would indicate “12 weeks” on the designation notice. If, however, an employer does not know how much leave time will be used, which is often the case for intermittent leave, employees have the right to request an update on how many hours, days, or weeks will be counted against their FMLA entitlement once in a 30-day period (if leave was taken in the 30-day period).
Outside of this provision, employers are not required to remind employees how much FMLA leave they have used or how much they have left. But doing so is not prohibited, and strong, open communication can have positive results. Courts may even see such actions as good-faith efforts toward compliance.
Key take-aways
Although the designation notice must be in writing, communicating the amount of leave counted against the employee’s entitlement may be oral or written. If providing an oral leave time update, however, employers should follow-up with a written confirmation no later than the following payday. When in doubt…spell it out. The documentation also proves that there was a response to the request.
Generally speaking, it is a best practice to communicate with the employee when they are nearing the end of their FMLA leave. Informing an employee when they are almost out of FMLA time is important for several reasons:
- The employee may not realize the significance of exhausting leave and decide to come back to work sooner if able.
- The employee may need to make arrangements prior to coming back to work.
- The employee may not be able to come back to work after the 12 weeks of FMLA leave is exhausted, which may trigger the employer’s obligations under the Americans with Disabilities Act, including interactive process with the employee about what accommodations may be needed.
While it would be nice if employees kept track of the leave taken, it is an employer’s responsibility to do so. Communicating with the employee about remaining leave can help keep everyone aware of expectations. Further, if an employee requests FMLA after their leave is exhausted, an employer must provide notice of a change in the designation notice.
