A Business-Minded Approach To Employment Law

Common FMLA mistakes employers should avoid making

On Behalf of | Apr 21, 2023 | Employment Law |

Many Florida employers are required to offer their employees leave under the Family and Medical Leave Act (FMLA). This is a federal law that allows workers to take unpaid time off to tend to their own serious health condition or care for a family member with a serious health condition. However, covered employers must avoid making these common mistakes.

Not communicating the policy and procedure

Under this employment and labor law, all employers must properly communicate the policy and procedure for the FMLA so that employees know what to expect. If an employee needs to take time off under the law, the company policy should outline what they need to do.

Not informing employees of their rights under the FMLA

Employers cannot assume that their employees automatically know about the FMLA and their rights under it. Many may not even know about the law in the first place. As a result, employers have to notify their employees; this can be done through a staff meeting or an email sent to all staff. The best way to inform employees of their rights under the FMLA is to do so as soon as they’re hired.

Taking disciplinary action against employees

The FMLA protects employees to allow them to take time off for the benefit of their health or a family member’s or to welcome a new child by birth or adoption. Some employers make the mistake of taking disciplinary action against employees for rightfully taking FMLA leave.

Not keeping adequate records of leave

Failing to keep adequate records of employee FMLA leave can cause problems when other employees need time off. It could result in too many taking off at a time and leave the company in a shortage bind.

Employers must ensure that everything related to the FMLA is accurate and legal. It can prevent problems for employees and the company itself.