Top 10 Most Common Employer Violations of FMLA

“Top 10 most common employer violations of FMLA” as identified by the Department of Labor (DOL).

  1. Failure to notify the employee of FMLA rights.
  2. Failure to notify the employees that leave counted towards the employee’s 12-week entitlement.
  3. Counting FMLA leave against the company’s absentee policy for disciplinary purposes.
  4. Taking disciplinary action against employee for using FMLA.
  5. Failure to grant leave to provide physical care or psychological comfort to a seriously ill parent or child.
  6. Failure to reinstate employee to same or equivalent position, including same shift.
  7. Terminating an employee during or at the conclusion of FMLA leave.
  8. Failure to grant FMLA leave because of misunderstanding of what qualifies as a “serious health condition.”
  9. Failure to request a medical certification in writing and not giving the employee the “Rights and Responsibility Notice.”
  10. Failure to handle questions about the validity of a medical certification by guidelines set forth in the FMLA regulations.

BASIC FMLA Administration Options


  • For employer groups ranging from 50 to 500 ee’s with low FMLA occurrence.


  • Designed for employer groups with more than 250 ee’s, having frequent FML occurrences of intermittent leave or a need for Integrated Voice Response (IVR).

BASIC Absence Management

  • Intended for employer groups with the need to harness technology to track unscheduled absences for single or multiple locations.