A famous coach once said, “It’s not what you tell your players, it’s what they hear.”

The same is true of about what you and your supervisors tell employees about FMLA and other leave policies. Even minor misunderstandings can cause major legal headaches.

Leave isn’t guaranteed

Some employees assume they’re entitled to extended paid leave or FMLA if they simply ask for it. Of course, it’s not that easy. Most organizations require written requests and have an approval process.

Here’s a recent case (Reed v. The Lear Corp.) of a classic communication breakdown that can land any company in court:

An employee strained his back, and missed an extended stretch of work. Shortly after the injury, he contacted his employer. He asked an assistant department head for leave.

The employee was told he was entitled to “provisional” FMLA leave while he used up his paid time off.
Unfortunately, the term “provisional leave” wasn’t explained to the employee, nor did he ask for clarification.

The worker took the term to mean he could take off as much time as he needed and then provide the necessary medical certification upon his return. Meanwhile, the employee’s supervisor grew anxious – and then furious – as the absences dragged on. The absences were marked unexcused, and the employee was fired for attendance policy violations.

Provided inaccurate information

The employee retroactively applied for FMLA. The request was denied. He then filed a wrongful termination lawsuit. The man claimed the company gave him the wrong info about the workings of its FMLA certification procedures.

He also argued that the days he missed were covered by FMLA and shouldn’t have counted against his attendance record. The company countered by saying the manager who told the worker he could take “provisional” leave had no authority to grant it. The firm pointed out all employees had received written information about the company’s leave policies.

After a lengthy court battle, the employer finally won the case. Even so, a lot of time and money was spent cleaning up an avoidable mess.