Based on our experience advising hundreds of employers and closely watching court rulings on cases around the country, we offer a few tips for complying with the Family and Medical Leave Act (FMLA).

Employers should follow their own policies with respect to FMLA leave and requests for time off. To avoid potential issues, employers should ensure that they have established, formal policies in place regarding the FMLA and leave programs. These policies should include directing employees how to request FMLA leave, and a robust policy for calling out of work, among other things.

Once those policies are in place, employers should follow their policies, including by directing employees to HR when they request FMLA leaves outside the established channels. In certain situations, disputes have arisen over whether employees have satisfied their FMLA notice obligations through informal messages, such as through text or social media messages. If an informal message is received through text or social media, managers should let the employee know that they appreciate the communication, but they need to follow the company’s established channels for requesting time off work. Managers should then let human resources know of the situation for proper follow-up. Setting expectations for reporting absences and requests for time off early and often will help ensure the company’s FMLA compliance and avoid future disputes about whether proper notice was provided.

Employers should train managers and HR to recognize circumstances that may trigger FMLA and to follow and enforce the company’s established process for reporting the need for time off. Employers should ensure that their managers and supervisors are aware of and adhere to the company’s policies for attendance and FMLA leave. When employees request leave from managers/supervisors, whether formally or informally, those individuals should report those requests to HR for handling.

Jackson Lewis attorneys are available to assist employers with FMLA compliance, from drafting policies to providing creative and engaging trainings on these policies for managers and other employees.

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Photo of Teresa Burke Wright Teresa Burke Wright

Teresa Wright is a principal in the Washington, D.C. Region office of Jackson Lewis P.C.

She is a seasoned litigator, having represented employers ranging in size from eight to 18,000 employees in litigation, and administrative proceedings. She helps clients on a daily basis…

Teresa Wright is a principal in the Washington, D.C. Region office of Jackson Lewis P.C.

She is a seasoned litigator, having represented employers ranging in size from eight to 18,000 employees in litigation, and administrative proceedings. She helps clients on a daily basis to comply with state and federal employment laws and navigate challenging workplace law issues. She provides practical business advice based on “best practices” and is a sought-after speaker and trainer on employment law topics.

Teresa was the litigation manager of the Washington, D.C. Region office of Jackson Lewis from 2005 until 2014. As the litigation manager, she served as the office’s local expert on litigation questions, monitored litigation trends, educated the D.C. office attorneys on developments in workplace litigation, and assigned and tracked litigation within the office, while managing her own caseload.

Teresa also is active in the firm’s Disability, Leave and Health Management practice group. In that capacity, Teresa acts as a regional and national expert on employee health and leave issues facing employers, including issues arising under the Family and Medical Leave Act, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act, and similar state and local laws, such as the D.C. Sick and Safe Leave Act and Maryland Healthy Working Families Act.

Teresa counsels employers daily regarding such employment issues as employee discipline and termination; discrimination and harassment; preparation of employment contracts; drafting personnel policies and handbooks; and investigation of employee misconduct. She is an expert on issues arising under the Americans with Disabilities Act, the Family and Medical Leave Act and similar state and local laws, and is part of her firm’s task force on independent contractor misclassification.

Photo of Andrew Bellwoar Andrew Bellwoar

Andrew Bellwoar is an associate in the Washington, D.C. Region office of Jackson Lewis P.C. He has a blend of experience representing government agencies and private employers in litigation over a wide range of subject matters, as well as providing advice and counsel…

Andrew Bellwoar is an associate in the Washington, D.C. Region office of Jackson Lewis P.C. He has a blend of experience representing government agencies and private employers in litigation over a wide range of subject matters, as well as providing advice and counsel to prevent and resolve disputes before they go to trial.

Andrew’s litigation practice focuses on representing employers in a variety of legal matters, including harassment and discrimination claims arising under federal and state laws; whistleblower claims; and defamation cases. He also has experience enforcing non-compete and non-disclosure agreements. He is involved in every step of the litigation process, from conducting initial fact investigations for clients through conducting and defending depositions, writing and arguing dispositive motions, and trial. His hands-on approach and guidance seeks to help clients feel at ease throughout the entire process.