The Family and Medical Leave Act (FMLA) is designed to protect employees who need time away from work for serious health conditions, family care, or certain military-related reasons. But for employers, the rules can be complex—and even small missteps can lead to costly compliance issues, employee grievances, or Department of Labor (DOL) audits. Understanding the most common FMLA violations is the first step in protecting your business and your workforce.
Mishandling Employee Eligibility
One of the most frequent violations occurs when employers misapply the eligibility rules. Under FMLA, employees qualify for leave if they:
- Have worked for the employer for at least 12 months,
- Logged at least 1,250 hours during the prior 12 months, and
- Work at a location where the employer has 50 or more employees within 75 miles.
Common mistakes include:
- Assuming part-time employees don’t qualify.
- Miscounting service hours or misinterpreting seasonal or temporary work.
- Failing to recognize when multiple worksites must be considered together to reach the 50-employee threshold.
Miscalculating Leave Entitlements
FMLA guarantees up to 12 weeks of unpaid, job-protected leave (or 26 weeks for military caregiver leave). Missteps often happen in how that leave is tracked.
Common mistakes include:
- Incorrectly applying a “calendar year” rather than a rolling 12-month look-back period.
- Failing to coordinate overlapping FMLA leave with other leave policies, such as paid time off (PTO) or short-term disability.
- Not accounting properly for intermittent leave, which allows employees to take FMLA in smaller blocks of time.
Even a simple recordkeeping error can lead to granting too little—or too much—leave, creating both compliance and operational headaches.
Failing to Restore Employees to Their Jobs
FMLA requires that employees return to the same or an equivalent position when their leave ends. Employers sometimes violate this provision by:
- Reassigning employees to a less desirable shift, worksite, or schedule.
- Reducing pay, benefits, or responsibilities.
- Denying reinstatement entirely because of the inconvenience to operations.
Unless an employee would have been legitimately terminated or laid off regardless of leave status, these actions are unlawful and can trigger significant penalties.
Inadequate Notice and Documentation
Employers must provide timely and accurate notice when employees request leave, and must clearly communicate rights and responsibilities under FMLA. Violations occur when:
- HR or supervisors fail to provide the “Notice of Eligibility and Rights & Responsibilities” within five business days.
- Employers demand medical documentation that exceeds what the law allows.
- Managers discourage or retaliate against employees who request leave.
Clear communication and consistent processes are essential to avoiding claims of interference or retaliation.
Poor Recordkeeping
FMLA regulations require employers to keep records for at least three years, including dates of leave, hours taken, notices, and medical certifications.
Common errors include:
- Failing to track intermittent leave accurately.
- Mixing FMLA records with personnel files (which can raise privacy issues).
- Not documenting employer responses and approvals.
Without accurate records, employers are vulnerable if challenged by employees or the DOL.
How to Protect Your Business
FMLA compliance isn’t just about avoiding penalties—it’s about fostering trust and fairness in the workplace. Employers can reduce risk by:
- Training managers and supervisors to recognize potential FMLA situations.
- Standardizing leave request and tracking processes.
- Conducting regular HR compliance reviews to catch errors before they escalate.
- Leveraging expert HR resources like the DOL’s toolkits or professional guidance from HR compliance partners.
Partnering with specialists, such as Payroll Partners, gives employers confidence that policies, training, and documentation align with the latest regulations. With proactive support, you can safeguard compliance while protecting the employee experience.
The most common FMLA violations—eligibility mistakes, leave miscalculations, reinstatement failures, poor notice, and weak recordkeeping—are also the most preventable. By building awareness, training your team, and tapping into expert compliance resources, your business can avoid costly pitfalls and focus on growth.
This information is provided with the understanding that Payroll Partners is not rendering legal, human resources, or other professional advice or service. Professional advice on specific issues should be sought from a lawyer, HR consultant or other professional.
