Supervisors May Be at Risk Under the FMLA
The Family Medical Leave Act (FMLA) gives covered employees the right to take up to 12 weeks of job-protected, unpaid leave from work. If a company interferes with an employee’s FMLA rights, it could find itself in legal trouble.
But the legal risk expands even further. A recent federal court case with authority over Utah found that supervisors and HR professionals may also be individually liable for violating employee’s FMLA rights. This court ruling is a wake-up call: if you are a supervisor or HR professional with significant decision-making power over someone’s employment, you could be named personally in an FMLA lawsuit.
To reduce the risk of personal liability for supervisors and HR team members, use the following checklist:
Before making any decision that could affect an employee’s FMLA rights:
- Loop in the official FMLA administrator or HR lead before taking any action on leave requests or terminations.
- Follow the company’s written FMLA policy every time—no shortcuts or “informal” handling.
- Document all FMLA-related interactions (requests, approvals, denials, performance discussions) in the official HR system.
- Avoid unilateral decisions—especially regarding hiring, firing, discipline, schedules, and pay changes.
- Do not personally maintain FMLA or personnel records—ensure they are stored in the company’s official files.
- Refrain from comments or actions that could be seen as retaliatory toward an employee who takes or requests FMLA leave.
- Ask HR or legal counsel for guidance if you’re unsure whether a situation involves the FMLA.
- Participate in regular FMLA compliance training to keep your knowledge current.
By staying within your role and letting the company’s formal procedures guide your actions, you greatly reduce the chance of being personally pulled into an FMLA dispute.
If you or your company needs help with FMLA training or defense work, let us know! We’re here to help.
