The Family and Medical Leave Act (FMLA) is an important federal law that gives employees the right to take protected leave from their jobs for family or health issues. This means that if you need time off to care for your family or improve your health, you can take time off without losing your job. However, sometimes employees make some common mistakes when applying for FMLA leave, which can cause their request to be denied or delayed. In this article, we will talk about those common mistakes and how you can avoid them. If you too want to take FMLA leave for your medical treatment, care for a family member, or to spend time with a new baby, then this article can be very helpful for you.
5 Common Mistakes Employees Make When Requesting FMLA Leave
The FMLA is an important right that helps employees during emergencies related to their family and health. But sometimes employees make mistakes that cause their request to be denied or delayed. Understanding these mistakes, carefully reading the employer’s policies, and submitting the correct documentation can make the FMLA process go smoothly for you. Here are 5 common mistakes and how to avoid them.
Mistake 1: Not notifying on time
The biggest and most common mistake when applying for FMLA is not notifying your employer on time. If you know about your leave in advance, such as a scheduled surgery or childbirth, you must notify your employer at least 30 days in advance. If your leave is unexpected, such as due to an accident or sudden illness, you must notify your employer immediately.
FMLA Notice Rules:
- If the leave is predictable (such as surgery or childbirth), you must give notice at least 30 days in advance.
- If the leave is unexpected (such as an accident or sudden illness), you must notify your employer as soon as possible.
Example:
Suppose Emma has to undergo surgery after two months, but she told her employer only two weeks in advance. This caused her FMLA leave request to be delayed and she also faced disciplinary action.
How to avoid:
If you are planning any medical treatment, inform HR early. If there is an emergency, inform your employer immediately via phone, email or written letter.
Mistake 2: Submitting an incorrect or incomplete medical certificate
To take FMLA leave, the employer needs a medical certificate which is provided by the doctor. If this certificate is incomplete or incorrect, your leave application may be rejected or delayed.
Common medical certificate mistakes:
- Incorrect or missing treatment dates.
- Not explaining how the illness is affecting work.
- The doctor is not clear on why the leave is needed.
Example:
James provided a medical certificate for his chronic back pain, but his doctor did not provide an estimated recovery time. This led the employer to ask for additional information, which delayed approval of his leave.
How to avoid:
- Work with your doctor to ensure that all the details on the form are filled out correctly.
- Check the form carefully and ensure all required fields are filled in.
- Submit the form within the deadlines provided by the employer.
Mistake 3: Thinking FMLA leave will be automatically granted
Not every employee is entitled to FMLA. There are specific criteria to be eligible for FMLA, such as:
- You must have worked for your employer for at least 12 months.
- You must have worked at least 1,250 hours in the last 12 months.
- You must work in a location with at least 50 employees working within a 75-mile radius.
Example:
Mark thought he was entitled to FMLA after 8 months at his new job. But because he didn’t complete 12 months of work, his request was denied.
How to avoid:
Confirm your eligibility before taking FMLA leave. If you’re not eligible, ask your employer about other leave options.
Mistake 4: Thinking all medical conditions qualify for FMLA
The FMLA only covers acute health conditions, not minor illnesses like colds, fevers, or headaches. The FMLA only covers health conditions that are serious, such as chronic conditions, long-term illnesses, or conditions that require hospitalization.
Example:
Sarah has migraines and thinks she should apply for FMLA. But because migraines can be handled without treatment and are not a persistent condition, her FMLA request was denied.
How to avoid:
- Read the FMLA guidelines carefully and try to find out if your condition falls under FMLA.
- Consult your doctor and ask them if your condition falls under FMLA rules.
Mistake 5: Ignoring employer’s leave policies
While FMLA is a federal law, every company has its own rules and procedures for FMLA leave. Some employers ask for written requests, while others process through an online portal.
If you don’t follow your employer’s policy, your leave request may be delayed.
Example:
David verbally told his manager he needed two months of FMLA leave, but he didn’t officially submit a request. This delayed his leave request and caused confusion and stress.
How to avoid this:
- Read your employer’s leave policies carefully and follow them.
- Submit all required paperwork on time.
Frequently asked questions (FAQs)
1. Can my employer deny my FMLA leave request?
Yes, if you don’t meet the eligibility criteria, don’t submit the required forms, or your condition doesn’t qualify for FMLA, your request may be denied.
2. Can I receive pay during FMLA leave?
No, FMLA leave is unpaid, but some employers offer paid leave benefits, or you may have the option to use your vacation days.
3. What should I do if my employer violates the FMLA?
If your employer denies you legitimate leave or retaliates against you, you can file a complaint with the U.S. Department of Labor or seek legal advice.
These were some common mistakes and ways to avoid them that employees should be wary of when applying for FMLA leave. If you follow these guidelines, your FMLA process will be smooth and stress-free.
