FMLA 401: Employees’ Most Common Mistakes

Employment / Personal Injury / Business

Employees are responsible for following FMLA rules and regulations as well as employers.  The following are mistakes which can result in your request for FMLA leave being delayed or denied:

  • Failing to provide your employer at least 30 days notice of a foreseeable leave (e.g. birth of a child, elective surgery)
  • Failing to return employer forms and medical certification (if required) in a timely manner
  • Failing to periodically report status to employer during leave
  • Failing to be aware of the number of days of permitted leave to assure return from leave on time.  (The employer does not have to remind you while you are on leave that you only have so many days left or your leave will expire on a certain date.  It is only obligated to tell you at the beginning of your leave how many days you have.)
  • Failing to obtain timely clearance to return to work certificate from physician (if required)
  • Failing to pay any required health insurance co-pays during leave

Avoiding these mistakes will lessen the chances of any problems during your leave and smooth your transition between leave and back to work.


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