Skip to main content
  • Foundation
  • Executive network
  • CEO Circle
  • SHRM Business
  • Linkage Logo
  • Store
  • Sign In
  • Account
    • My Account
    • Logout
    • Global
    • India
    • MENA
SHRM
About
Book a Speaker
Join Today
Renew
Rejoin Now
Renew
  • Membership
  • Certification
    Certification

    Smiling asian student studying in library with laptop books doing online research for coursework, making notes for essay homework assignment, online education e-learning concept
    Get Certified!

    Be recognized as an HR leader with your SHRM-CP or SHRM-SCP credential.

    • How to Get Certified

      Demonstrate your ability to apply HR principles to real-life situations. No other HR certification compares.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Details and Fees
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me
      • Certification FAQs
    • Prepare for the Exam

      Give yourself the best chance to pass your SHRM certification exam.

      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      • Study Aids & Add-ons
    • Recertification

      Recertify your SHRM Credentials before your end date!

      • Specialty Credentials
      • Qualifications
  • Topics & Tools
    Topics & Tools

    Stay up to date with workplace news and leverage our vast library of resources to streamline day-to-day HR tasks.

    The white house in washington, dc.
    Executive Order Impact Zone

    Do not abandon, but evaluate and evolve. It is about legal, equal opportunity for all.

    • News & Trends

      Follow breaking news and emerging workplace trends.

      Legal & Compliance

      Stay informed on workplace legal updates and their impacts.

      From the Workplace

      Explore diverse perspectives from your peers on today's workplaces.

      Flagships

      Get curated collections of podcasts, videos, articles, and more produced by SHRM.

    • HR Topics
      • AI in the Workplace
      • Civility at Work
      • Compensation & Benefits
      • Inclusion & Diversity
      • Talent Acquisition
      • Workplace Technology
      • Workplace Violence Prevention
      SEE ALL
      SHRM Research
    • Tools & Samples

      Access member resources and tools to streamline HR tasks.

      • Forms & Checklists
      • How-To Guides
      • Interactive Tools
      • Job Descriptions
      • Policies
      • Toolkits
      SEE ALL
      Ask an Advisor
  • Events & Education
    Events & Education

    SHRM25 in San Diego, June 29 - July 2, 2025
    Join us for SHRM25 in San Diego

    Register for the World’s Largest HR Conference being held on June 29 - July 2, 2025

    • Events
      • SHRM25
      • The AI+HI Project 2025
      • INCLUSION 2025
      • Talent 2026
      • Linkage Institute 2025
      SEE ALL
      Webinars
    • Educational Programs

      Designed and delivered by HR experts to empower you with the knowledge and tools you need to drive lasting change in the workplace.

      Specialty Credentials

      Demonstrate targeted competence and enhance credibility among peers and employers.

      Qualifications

      Gain a deeper understanding and develop critical skills.

    • Team Training & Development

      Customized training programs unique to your organization’s needs.

  • Business Solutions
  • Advocacy
    Advocacy

    Make your voice heard on public policy issues impacting the workplace.

    Advocacy
    SHRM's President & CEO testifies to Congress on "The State of American Education"
    • Policy Areas
      • Workforce Development
      • Workplace Inclusion
      • Workplace Flexibility & Leave
      • Workplace Governance
      • Workplace Health Care
      • Workplace Immigration
      State Affairs

      SHRM advances policy solutions in state legislatures nationwide.

      Global Policy

      SHRM is the go-to for global HR leaders and businesses on workplace matters.

    • Advocacy Team (A-Team)

      SHRM’s A-Team is a key member benefit, giving you the tools, insights, and opportunities to shape workplace policy and drive real impact.

      Take Action

      Urge lawmakers to support policies that create lasting, positive change.

      Advocacy & Legislative Resources

      Access SHRM’s curated policy materials and content.

    • SHRM-Led Coalitions
      • Generation Cares
      • The Section 127 Coalition
      • Learn More & Partner with SHRM Government Affairs
  • Community
    Community

    Woman raising hand in group
    Find a SHRM Chapter

    Easily find a local professional or student chapter in your area.

    • Chapters

      Find local connections from over 607 chapters and state councils and create your personalized HR network.

      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      SHRM Northern California

      Join SHRM members in the greater San Francisco Bay area for local events and networking.

    • Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      • Membership Advisory Council
      • Regional Councils
    • Volunteers

      Learn about volunteer opportunities with SHRM.

      • Volunteer Leader Resource Center
Close
  • Membership
  • Certification
    back
    Certification
    Smiling asian student studying in library with laptop books doing online research for coursework, making notes for essay homework assignment, online education e-learning concept
    Get Certified!

    Be recognized as an HR leader with your SHRM-CP or SHRM-SCP credential.

    • How to Get Certified

      Demonstrate your ability to apply HR principles to real-life situations. No other HR certification compares.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Details and Fees
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me
      • Certification FAQs
    • Prepare for the Exam

      Give yourself the best chance to pass your SHRM certification exam.

      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      • Study Aids & Add-ons
    • Recertification

      Recertify your SHRM Credentials before your end date!

      • Specialty Credentials
      • Qualifications
  • Topics & Tools
    back
    Topics & Tools

    Stay up to date with workplace news and leverage our vast library of resources to streamline day-to-day HR tasks.

    The white house in washington, dc.
    Executive Order Impact Zone

    Do not abandon, but evaluate and evolve. It is about legal, equal opportunity for all.

    • News & Trends

      Follow breaking news and emerging workplace trends.

      Legal & Compliance

      Stay informed on workplace legal updates and their impacts.

      From the Workplace

      Explore diverse perspectives from your peers on today's workplaces.

      Flagships

      Get curated collections of podcasts, videos, articles, and more produced by SHRM.

    • HR Topics
      • AI in the Workplace
      • Civility at Work
      • Compensation & Benefits
      • Inclusion & Diversity
      • Talent Acquisition
      • Workplace Technology
      • Workplace Violence Prevention
      SEE ALL
      SHRM Research
    • Tools & Samples

      Access member resources and tools to streamline HR tasks.

      • Forms & Checklists
      • How-To Guides
      • Interactive Tools
      • Job Descriptions
      • Policies
      • Toolkits
      SEE ALL
      Ask an Advisor
  • Events & Education
    back
    Events & Education
    SHRM25 in San Diego, June 29 - July 2, 2025
    Join us for SHRM25 in San Diego

    Register for the World’s Largest HR Conference being held on June 29 - July 2, 2025

    • Events
      • SHRM25
      • The AI+HI Project 2025
      • INCLUSION 2025
      • Talent 2026
      • Linkage Institute 2025
      SEE ALL
      Webinars
    • Educational Programs

      Designed and delivered by HR experts to empower you with the knowledge and tools you need to drive lasting change in the workplace.

      Specialty Credentials

      Demonstrate targeted competence and enhance credibility among peers and employers.

      Qualifications

      Gain a deeper understanding and develop critical skills.

    • Team Training & Development

      Customized training programs unique to your organization’s needs.

  • Business Solutions
  • Advocacy
    back
    Advocacy

    Make your voice heard on public policy issues impacting the workplace.

    Advocacy
    SHRM's President & CEO testifies to Congress on "The State of American Education"
    • Policy Areas
      • Workforce Development
      • Workplace Inclusion
      • Workplace Flexibility & Leave
      • Workplace Governance
      • Workplace Health Care
      • Workplace Immigration
      State Affairs

      SHRM advances policy solutions in state legislatures nationwide.

      Global Policy

      SHRM is the go-to for global HR leaders and businesses on workplace matters.

    • Advocacy Team (A-Team)

      SHRM’s A-Team is a key member benefit, giving you the tools, insights, and opportunities to shape workplace policy and drive real impact.

      Take Action

      Urge lawmakers to support policies that create lasting, positive change.

      Advocacy & Legislative Resources

      Access SHRM’s curated policy materials and content.

    • SHRM-Led Coalitions
      • Generation Cares
      • The Section 127 Coalition
      • Learn More & Partner with SHRM Government Affairs
  • Community
    back
    Community
    Woman raising hand in group
    Find a SHRM Chapter

    Easily find a local professional or student chapter in your area.

    • Chapters

      Find local connections from over 607 chapters and state councils and create your personalized HR network.

      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      SHRM Northern California

      Join SHRM members in the greater San Francisco Bay area for local events and networking.

    • Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      • Membership Advisory Council
      • Regional Councils
    • Volunteers

      Learn about volunteer opportunities with SHRM.

      • Volunteer Leader Resource Center
Join Today
Renew
Rejoin Now
Renew
  • Store
    • Global
    • India
    • MENA
  • About
  • Book a Speaker
  • Foundation
  • Executive network
  • CEO Circle
  • SHRM Business
  • Linkage Logo
SHRM
Sign In
  • Account
    • My Account
    • Logout
Close

  1. Topics & Tools
  2. Employment Law & Compliance
  3. What Managers Need to Know About the FMLA
Share
  • Linked In
  • Facebook
  • Twitter
  • Email

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus convallis sem tellus, vitae egestas felis vestibule ut.


Error message details.

Copy button
Reuse Permissions

Request permission to republish or redistribute SHRM content and materials.


Learn More
News

What Managers Need to Know About the FMLA

October 12, 2018 | Allen Smith, J.D.

A group of people sitting around a table in a meeting.
Download:
Sample FMLA Handout for Managers


The role that managers play in Family and Medical Leave Act (FMLA) compliance doesn't have to be complex, so why do managers often fail to alert HR to employees' FMLA leave requests and intermittent leave misuse? Failure to understand their role in FMLA compliance efforts may be why. HR can get them up to speed. 

(For a checklist you can print and distribute to your managers to help them track their FMLA responsibilities, scroll to the end of this article.)

Notice About Leave

Managers should be trained to notify HR whenever they become aware that an employee is requesting time off for a medical condition, said Stephanie Dodge Gournis, an attorney with Drinker Biddle in Chicago.

They should also know that employees with serious health conditions may qualify for FMLA leave. The FMLA defines a serious health condition as an illness requiring inpatient care or continuing treatment. This would include three consecutive calendar days of incapacity (the inability to work or perform other regular daily activities) with two or more visits to a medical provider within 30 days, or one visit with a regimen of continuing treatment. Three calendar days of continued incapacity is not required for FMLA coverage of:

  • Pregnancy and prenatal care.
  • Chronic conditions (e.g., asthma, diabetes or migraines).
  • Permanent or long-term conditions (e.g., Alzheimer's disease or cancer).
  • Conditions requiring multiple treatments under the care or supervision of a health care provider.
  • Any medical condition resulting in an overnight hospital stay.

Managers should notify HR if any employee is absent for three consecutive days so HR can provide the employee the required notices in a timely manner, said Camille Toney, an attorney with Greensfelder Hemker & Gale in St. Louis.

However, waiting until there have been three consecutive days of absence to notify HR "may result in employees taking more leave than they are entitled to," Gournis said. Employees eligible for FMLA leave may take a total of 12 weeks of leave within a 12-month period, either in one block of leave, more than one block or intermittently.

Waiting too long to notify HR "also creates a risk that an employee may inadvertently be disciplined under the company's attendance policy on account of FMLA-qualifying days of absence," Gournis said.

Intermittent leave—such as a few hours off per week for a recurring medical appointment—can be more challenging for managers to track than continuous blocks of leave. And if the manager isn't paying attention, the employee may abuse the leave and take too much.

Adding a notification requirement to managers' responsibilities can frustrate supervisors, Toney said. But managers should understand the short time frame in which HR has to accomplish several tasks to stay in compliance with the act. The FMLA requires employers to provide an FMLA eligibility, rights and responsibilities notice to employees within five business days of the initial request for leave or when the employer (manager or HR) acquires knowledge that an employee's leave may be for an FMLA-qualifying reason.

Joan Casciari, an attorney with Seyfarth Shaw in Chicago, recommended that employers adopt a written policy stating that any employee who wants FMLA leave should contact HR. That way, the employer may avoid liability if the manager doesn't realize that an employee has asked for FMLA leave.

But managers shouldn't be too quick, either, to assume workers are eligible for FMLA leave. The worker must not only have a serious health condition but also must have worked for 1,250 hours for the previous 12 months for an employer with 50 or more employees within a 75-mile radius of the worksite.

[SHRM members-only toolkit: Managing Family and Medical Leave]

Medical Certification

Employees must return completed medical certifications to HR within 15 calendar days of receiving the form or as soon as reasonable under the circumstances, noted Stéphanie Smith and Renee Inomata, attorneys with Casner & Edwards in Boston.

If HR requests more information, the employee has seven calendar days to comply.

While HR should handle the medical certifications, managers need to be aware of the process―including the possibility the employer will ask for second and third opinions―so they don't get frustrated when HR seems to be acting slowly, said Laurence Donoghue, an attorney with Morgan, Brown & Joy in Boston.

HR sometimes may ask managers to encourage employees to return certification forms to HR or give incomplete medical forms back to physicians for additional information, Gournis said.

"Managers should be made to understand that FMLA medical certification forms provide employers the best weapon for preventing potential employee abuse of intermittent FMLA leave, as the medical certification forms provide the employer with important information regarding the expected frequency and duration of intermittent leave," she noted.

While managers shouldn't know most of the specifics of certifications, they should know what certifications say about the amount of leave time needed or expected so they can track if the employee's actual leave reflects this. If an employee's leave time differs from what the certification provides, managers can alert HR, and HR should request a recertification, Toney said.

Work While on Leave?

As a general rule, employees should not be allowed or required to work while on FMLA, including intermittent FMLA leave, according to Timm Schowalter, an attorney with Sandberg Phoenix in St. Louis.

In some instances, however, Gournis said that if no company policy prohibits it, managers may permit, but not require, employees to perform limited work while on FMLA, so long as their work time is tracked and they are paid for it.

For example, when someone is caring for a family member, work might be allowed on a limited basis, Toney observed.

But Gournis said managers should not ask employees to work during FMLA leave.

Other Compliance Obligations

Managers should also know that, if employees are out on leave that could have been designated as FMLA time off but was not, the employee may be entitled to take additional leave later in the year, said Nancy Gunzenhauser Popper, an attorney with Epstein Becker Green in New York City.

Supervisors should be reminded that, after an employee exhausts all FMLA leave, the employer may be obligated to provide an extension of leave as a reasonable accommodation under the Americans with Disabilities Act, noted Lawrence Casey and Robert Kaitz, attorneys with Davis, Malm & D'Agostine in Boston.

Jill Cohen, an attorney with Eckert Seamans in Princeton, N.J., also cautioned that the reasons underlying an FMLA leave are often sensitive, so managers should be mindful of confidentiality.

Please review the content below for a quick checklist of items HR should go over with managers regarding FMLA. You can also download a sample FMLA handout for managers.

​Sample FMLA Handout for Managers
 To comply with the Family and Medical Leave Act (FMLA), managers should:
Checkbox
​Not approve or deny FMLA leave but instead let HR make this decision.
Checkbox​
​Notify HR whenever they become aware that an employee is requesting time off for a medical condition.
Checkbox
​Not assume that someone is eligible for FMLA leave just because he or she has a serious health condition. HR will make the eligibility determination.
Checkbox
​Realize that the medical certification process can be time-consuming but is a key way to curb leave abuse, particularly with intermittent leave.
Checkbox
​Ask HR what medical certifications say about the amount of leave time needed or expected, track employees’ actual leave, and let HR know if the amounts do not match so HR might request a recertification. HR otherwise will handle medical certifications, unless managers’ assistance is requested.
Checkbox
​Remember that the reasons underlying an FMLA leave are often sensitive and so be mindful of confidentiality.
Checkbox
​Not require employees on FMLA leave to work.
Checkbox
​Be ready to explain to employees the company policy about whether paid time off, such as vacation and sick leave, runs concurrently with FMLA leave. If managers are not confident in their understanding, they should refer employees to HR.
Checkbox
​Know that the FMLA guarantees that employees will be restored to the same or equivalent position at the end of FMLA leave.
Checkbox
​Ensure that no one is retaliated against for exercising FMLA rights.
Checkbox
​Know that additional leave may be required by the Americans with Disabilities Act or state law.

Benefits
Communication
Employment Law & Compliance
Family and Medical Leave Act (FMLA)
Leave Management

Artificial Intelligence in the Workplace

​An organization run by AI is not a futuristic concept. Such technology is already a part of many workplaces and will continue to shape the labor market and HR. Here's how employers and employees can successfully manage generative AI and other AI-powered systems.



Related Content

Kelly Dobbs Bunting speaks onstage at SHRM24
(opens in a new tab)
News
Why AI+HI Is Essential to Compliance

HR must always include human intelligence and oversight of AI in decision-making in hiring and firing, a legal expert said at SHRM24. She added that HR can ensure compliance by meeting the strictest AI standards, which will be in Colorado’s upcoming AI law.

(opens in a new tab)
News
A 4-Day Workweek? AI-Fueled Efficiencies Could Make It Happen

The proliferation of artificial intelligence in the workplace, and the ensuing expected increase in productivity and efficiency, could help usher in the four-day workweek, some experts predict.

(opens in a new tab)
News
How One Company Uses Digital Tools to Boost Employee Well-Being

Learn how Marsh McLennan successfully boosts staff well-being with digital tools, improving productivity and work satisfaction for more than 20,000 employees.

Workplace Compliance Newsletter

Summaries of legal decisions, legislative news and regulatory news, delivered Friday afternoons.

Success title

Success caption

Manage Subscriptions
  • About SHRM
  • Careers at SHRM
  • Press Room
  • Contact SHRM India
  • Book a SHRM Executive Speaker
  • Advertise with Us
  • Copyright & Permissions
  • Post a Job
  • Find an HR Job
Contact Us

SHRM India Corporate Information
Email: shrmindia@shrm.org
Phone: (1)800.103.2198
WhatsApp: +919810503727

Follow Us
  • LinkedIn
  • Facebook
  • Twitter
  • Instagram
  • YouTube
  • SHRM Newsletters
  • Ask An Advisor

© 2025 SHRM. All Rights Reserved

SHRM provides content as a service to its readers and members. It does not offer legal advice, and cannot guarantee the accuracy or suitability of its content for a particular purpose. Disclaimer


  1. Privacy Policy

  2. Terms of Use

  3. Accessibility

Join SHRM for Exclusive Access to Member Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member?
Free Article
Limit Reached

Get unlimited access to articles and member-exclusive resources.

You've reached the limit of 1 free article this month. Join to access unlimited articles and member-only resources.

Already a member?
Free Article
Exclusive Executive-Level Content

This content is for the SHRM Executive Network and Executive Content Subscription members only.

You've reached the limit of 1 free article this month. Join the Executive Network and enjoy unlimited content.

Already a member?
Free Article
Exclusive Executive-Level Content

This content is for the SHRM Executive Network and Executive Content Subscription members only.

You've reached the limit of 1 free article this month. Join and enjoy unlimited access to SHRM Executive Network Content.

Already a member?
Unlock Your Career with SHRM Membership

Please enjoy this free resource! Join SHRM for unlimited access to exclusive articles and tools.

Already a member?

Your membership is almost expired! Renew today for unlimited access to member content.

Renew now

Your membership has expired. Renew today for unlimited access to member content.

Renew Now

Your Executive Network membership is nearing its expiration. Renew now to maintain access.

Renew Now

Your membership has expired. Renew your Executive Network benefits today.

Renew Now