How do you deal with the supervisor who appears to be on a “personal crusade” to “eradicate all Family and Medical Leave Act (FMLA) abuse”? What about the supervisor who likes to pretend he doesn’t know that FMLA leave exists? Read on to find out.
1. Prohibit negative comments about FMLA leave both in general and about particular employees based on requests for and/or use of leave. (A quick reference to tip #2 in yesterday’s Advisor should help here.)
2. Provide supervisors with a written “quick reference guide” outlining the various qualifying reasons for FMLA leave so they can spot potential FMLA-qualifying absences and know when to consult HR before implementing leave-related discipline.
3. Debunk FMLA “myths” (e.g., that taking FMLA leave requires an employee to stay confined to his home or requires a doctor’s note every time the employee is out of work on leave).
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4. Describe employees’ rights under the FMLA (e.g., job protection, no performance review or raise delays due to or upon return from FMLA leave, and no attendance points docked for time missed while on leave).
5. Cover the “rights” the FMLA does not provide, including:
- Paid leave (unless the employee has accrued sick or vacation time);
- Bonuses based on perfect attendance or other criteria (unless the employee objectively earns them); and
- Exemption from discipline for failing to follow the company’s usual notice-of-absence requirements (although employees are exempt from being disciplined for the absences themselves).
Bottom line
If you follow these tips, you should be able to align (rather than merely annoy) your supervisors when it comes to the FMLA.
Stacie Caraway is a labor and employment attorney at Miller & Martin’s Chattanooga office. She can be reached at scaraway@millermartin.com.
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