Outsourcing FMLA administration to a TPA doesn’t transfer your compliance liability, a federal court just made that clear. In Severson v. S.C. Johnson & Son, an employee on approved intermittent FMLA leave repeatedly could not reach the company’s TPA by phone or online to report absences. He was later fired for excessive absenteeism and failure to follow FMLA notification procedures. The court allowed both his FMLA interference and retaliation claims to proceed, finding that an inaccessible TPA system can itself constitute a “burdensome approval process” that interferes with FMLA rights.
At ConnectBridge, this is a risk we see underestimated. When employees can’t access leave reporting systems, the exposure lands on the employer, not the vendor. HR teams should establish escalation protocols for access issues, monitor TPA responsiveness, and ensure termination decisions involving employees with FMLA history include documented conversations before any action is taken.
Recent reporting from HRMorning breaks down the case and the takeaways. To read more, click here.
