Employers are paying closer attention to intermittent FMLA, and so are juries. A recent CSX jury trial underscores a recurring challenge: suspected misuse must be handled carefully, consistently, and based on objective facts. The risk includes relying on assumptions, informal investigations, or inconsistent documentation that blurs the line between protected leave and attendance enforcement.
What to do instead:
- Rely on data, not assumptions: Reliable tracking of frequency, duration, and patterns is essential before concluding that it is misuse.
- Train managers on boundaries: Supervisors should escalate concerns, not investigate independently or make assumptions about legitimacy.
- Document objectively: Focus records on observable facts and policy application, not speculation or personal impressions.
- Coordinate FMLA with attendance policies: Ensure discipline decisions clearly distinguish protected leave from unprotected absences.
Action this week: Audit how intermittent FMLA concerns are identified and escalated. If managers are guessing or acting independently, it’s time to reset the process.
Read the full HR Dive article: Employee who seemingly told work he would misuse FMLA leave still gets jury trial | HR Dive
Learn how ConnectBridge supports FMLA compliance: Federal Policy | ConnectBridge