FMLA Laws (CONT’D FROM PAGE 24)
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No matter. “Leave must be granted to everyone equal- ly, “said Rachel Shaw, an HR consultant ( shawhrconsult- ing.com ). Employees share experiences with one another, and inconsistency can not only affect company morale but also lead to legal quagmires. “An employer can get target- ed with a lawsuit if one supervisor grants leave liberally, while another makes applicants jump through hoops.” #4: Unintentional Discrimination Employees who have risen to a certain level in the com- pany may well be granted more benefits than beginners. Therein lies the potential for legal problems. “Inadvertent discrimination can possibly happen if an employer grants a certain level of parental leave for up- per-level exempt salaried employees, but not for non-ex- empt employees,” said Linder. “In many cases that can lead to penalties for violation of state laws.”
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“While it is legal to distinguish between job types in cer- tain situations, an employer cannot structure policies in a way that disproportionately impacts a group that is female or other protected minority,” added Linder. “The safest practice is to design leave policies that apply to everyone.” #5: Improper Documentation Another common pitfall is requesting documentation that the law does not permit. “Employers need to under- stand exactly what proof they can and cannot require and embed those boundaries into their processes,” said Ndja- tou. The FMLA, for example, is strict about what documen- tation can be required and when employers can ask for it. #6: Leave Interference Jake has been home resting for a week. Is he coming along okay? Can he maybe come back to work early? The questions are natural, but the prudent business lets them go largely unanswered. “An employer might be able to get away with a single email or a couple of phone calls over time,” noted Seegers. “But at some point, an employee who feels the employer is infringing on their rights may have a cause of action.” #7: Retaliation Bonus calculations. Performance reviews. Raises. Pro- motions. What role is played by the employee’s prior leave in all of those areas? None. “An employer must not retali-
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26 March 23, 2026
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