Answered by the HR Experts

Your managers have two basic responsibilities under FMLA: notifying HR when any employee might be missing work for an FMLA-qualifying reason and protecting employee confidentiality.

Managers shouldn’t be determining whether a situation or request for leave qualifies for FMLA, but they should notify HR when an employee’s situation or request for time off could qualify. Generally, managers should reach out to HR when an employee has been out sick for more than three consecutive days, and they have reason to believe it might be related to a serious health condition. For instance, if the employee has been out for four days, hasn’t used up all their sick leave, and says it’s just a bad cold, HR likely doesn’t need to know. On the other hand, if they’ve been gone for a week, have been diagnosed with pneumonia, and aren’t sure when they’ll be back, that’s definitely FMLA territory and HR should be informed.

Other situations that HR should know about would include overnight (or longer) hospitalizations, extended or frequent absences for chronic health conditions or pregnancy, and time away to care for family members.

Managers are also responsible for protecting confidential information about the employee’s leave. Managers can tell affected team members that an employee is out on leave, but they shouldn’t disclose that the leave is FMLA or share any details about the employee’s (or their family member’s) health condition or situation.

If FMLA applies to your organization, we recommend training managers on the basics of the law and their responsibilities under it.

Nicholle Peterson, Benefits Plan Manager summarizes,

Managers play a key role in handling FMLA! Here are two essentials to remember:

1) Notify HR: If an employee misses work due to a possible serious health issue (think: out sick more than three days, overnight hospitalization, pregnancy, etc.), let HR know—even if you’re not sure it’s FMLA. Don’t try to make the call yourself!
2) Protect Confidentiality: You can say someone is out on leave, but don’t discuss the reason or any health details.
Proper training ensures your team supports employees and stays compliant.

To learn more about our online tool, Mineral HR, contact Nicholle at (320) 214-2921.

This Q&A does not constitute legal advice and does not address state or local law.