What are the best practices for handling Family and Medical Leave Act accommodations requests?

1 Know the eligibility criteria

Before granting or denying an FMLA request, you need to verify that the employee meets the eligibility criteria. To be eligible, the employee must have worked for the employer for at least 12 months, have worked at least 1,250 hours in the 12 months before the leave, and work at a location where the employer has at least 50 employees within 75 miles. You also need to confirm that the employee has a qualifying reason for the leave, such as a serious health condition that makes them unable to perform their essential job functions, or the need to care for a spouse, child, or parent with a serious health condition. A serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.

3 Communicate and document

Communication and documentation are key to managing FMLA requests effectively and avoiding disputes or lawsuits. You should communicate with the employee throughout the process and keep them informed of their status, rights, and obligations. You should also document every step of the process, such as the dates and contents of the notices, certifications, approvals, denials, and recertifications. You should maintain a record of the employee's leave usage, including the hours, days, or weeks taken, and track the remaining balance of their FMLA entitlement. You should also document any changes or modifications to the employee's work schedule, duties, or accommodations that are related to the FMLA request.

4 Be flexible and reasonable

Sometimes, an employee may need to take FMLA leave on an intermittent or reduced schedule basis, meaning that they take leave in smaller increments rather than in one continuous block. This may be the case when the employee's condition is unpredictable, episodic, or requires periodic treatment or recovery. In such situations, you should be flexible and reasonable in accommodating the employee's needs and minimizing the disruption to the business. You should work with the employee to establish a mutually agreeable schedule that meets their medical needs and the operational needs of the employer. You should also consider whether the employee may be entitled to a reasonable accommodation under the Americans with Disabilities Act (ADA), which may include modifying the employee's work environment, equipment, or tasks to enable them to perform their essential job functions.

5 Follow the reinstatement rules

When an employee returns from FMLA leave, you should restore them to the same or an equivalent position, meaning that the position has the same pay, benefits, status, duties, and working conditions as the original position. You should also ensure that the employee does not lose any seniority, benefits, or rights that they accrued before the leave. However, there are some exceptions to the reinstatement rules, such as when the employee is a key employee whose absence would cause substantial and grievous economic injury to the employer, or when the employee is unable or unwilling to return to work for reasons unrelated to the FMLA. You should consult with an employment law attorney before denying reinstatement to an employee who has taken FMLA leave.

Handling FMLA requests can be a daunting task for any HR consultant, but by following these best practices, you can help your clients comply with the law, support their employees, and protect their business interests.

6 Here’s what else to consider

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