Making the case for supervisor FMLA training

When it comes to the federal Family and Medical Leave Act (FMLA), supervisors often serve as the critical connection between employees and a company's leave administrator. The leave administrator typically doesn't know which employees have requested time off that could be protected by the FMLA. Supervisors, however, are usually aware of employees requesting time off, but they might not know whether the time off would qualify as FMLA leave. Sky Transport Solutions helps employers bridge this gap through comprehensive supervisor training programs.

The Critical Gap in FMLA Compliance

Bridging this gap is why supervisor FMLA training is so important. It can help them identify situations in which an employee could be putting the company on notice of the need for leave, triggering the company's FMLA obligations.

Employee notices can come in a variety of ways, and they don't need to even mention the FMLA the first time around. Supervisors, therefore, have to know how to recognize clues and know how to respond correctly. Without proper training, supervisors may miss critical signals that an employee is requesting FMLA-protected leave, potentially exposing the company to legal liability.

Case in Point

On Monday, April 15, Grace, a long-term employee, was unexpectedly hospitalized for a mental health condition. Her son, James, called her employer to tell them Grace was extremely sick and hospitalized. He called again each day as Grace remained hospitalized until April 24. James talked to Darlean, Grace's supervisor, Candy, Darlean's supervisor, and even Trent, Candy's supervisor. At one point, Candy told James that it wasn't acceptable for him to call instead of his mother and told him not to call again. Grace could speak, but was unintelligible.

On Monday, April 22, Candy told the HR VP that Grace violated the company's no call/no show policy by being absent from work on April 19, 20, and 21, without personally notifying her.

On April 25, Grace's doctor faxed an FMLA certification to the company indicating that Grace needed leave until May 24. On April 30, the company fired Grace for abandoning her job by failing to call in to report her absences.

The Lawsuit

Grace sued the company and Candy individually, arguing that they interfered with her FMLA rights. The employer (and Candy) wanted the case dismissed, saying it fired Grace for not following the company policy.

The Ruling

The court ruled in favor of Grace. It pointed out that when an employee's need for FMLA leave is unforeseeable, they are excused from complying with the employer's policy. Grace was unable to call in, given her condition.

The employer made no effort to fulfill its duty to investigate whether the FMLA required Grace to comply with its call-in policy and whether the notices that James provided were adequate. The court said that James' notices were enough.

Why Supervisor Training Matters

Supervisors are often the first point of contact when employees need time off. They need to understand that FMLA notices don't have to use specific language or mention the FMLA by name. Employees may communicate their need for leave in various ways, and supervisors must be trained to recognize these communications and know when to escalate them to HR or the leave administrator.

Common Supervisor Mistakes

The case highlights several common mistakes that untrained supervisors make:

• Rejecting third-party notices: Supervisors may incorrectly believe that only the employee can provide FMLA notice, when in fact family members can provide notice when the employee is unable to do so
• Enforcing policies without considering FMLA: Supervisors may apply attendance policies without considering whether FMLA protections apply
• Failing to investigate: Supervisors may take adverse action without investigating whether FMLA obligations apply
• Not involving HR: Supervisors may handle FMLA situations without consulting HR or the leave administrator
• Lack of follow-up: Supervisors may not follow up with employees after they return to work to understand the circumstances

Best Practices for Supervisor Training

Effective supervisor FMLA training should cover:

How Sky Transport Solutions Can Help

At Sky Transport Solutions, we understand that supervisor training is essential for FMLA compliance. Our team can help employers:

• Develop comprehensive FMLA training programs tailored to supervisors' roles and responsibilities
• Create training materials that cover recognition of FMLA-qualifying situations
• Provide interactive training sessions with real-world scenarios and case studies
• Establish clear procedures for supervisors to follow when FMLA situations arise
• Develop documentation protocols for FMLA-related communications
• Create escalation procedures for when supervisors need to involve HR
• Provide ongoing refresher training to keep supervisors current on FMLA requirements
• Develop policies and procedures that support supervisor compliance
• Conduct training needs assessments to identify knowledge gaps
• Provide resources and reference materials for supervisors to use on the job
• Help establish communication channels between supervisors, HR, and leave administrators
• Review and improve existing FMLA training programs

Don't let untrained supervisors become your company's weak link in FMLA compliance. Contact Sky Transport Solutions today to develop a comprehensive supervisor training program that can help prevent costly FMLA violations and protect your organization from expensive litigation.