The Essential Guide to Family & Medical Leave

chapter 7 | Giving Notice and Designating Leave | 147
• Designating leave as FMLA leave even if the employee does not request
it, if the employee’s behavior reveals a serious health condition.
• Designating paid leave as FMLA leave, if the reason for leave qualifies
under the FMLA. Don’t forget workers’ compensation leave, disability
leave, and parenting leaves may also be FMLA-qualified.
Mistake 2: Denying FMLA leave because the employee has not followed
company notice rules.
Avoid This Mistake By:
• Granting FMLA leave requests preliminarily and conducting
investigations to confirm FMLA coverage.
• Rather than denying FMLA leave, delaying it for the 30-day notice
period if the need for leave was truly foreseeable. (Chapter 9 explains
how to do this.)
Mistake 3: Failing to give individualized FMLA information to employees
who need FMLA leave.
Avoid This Mistake By:
• Giving each employee requesting FMLA leave a written notice
designating the leave as FMLA leave (see above) and detailing FMLA
information specific to the employee’s particular situation (use the DOL
optional notice form, which is included in Appendix C and on the CD-
ROM at the back of this book).
• Giving the employee the individualized information in a language the
employee understands.
• If the employee is sensory impaired, giving the individualized
information in a form that the employee can receive and understand.
• Making sure the individualized information is tailored to the employee’s
particular situation (for example, telling the employee that he or she
can substitute paid leave or that he or she must pay health insurance
premiums during leave).
• Giving a new individual notice whenever the employee will be required
to follow different rules (for example, to provide a medical certification
or fitness for duty report).