FMLA Ethics & Professional Standards 2 — Questions and Answers
Question 1: An FMLA administrator overhears a manager saying they will give a poor performance review to an employee who just returned from FMLA leave to 'send a message.' What is the administrator's professional responsibility?
- Document and report the manager's statement to HR and legal counsel (Correct answer)
- Advise the manager informally and take no further action
- Wait to see if the performance review actually occurs before acting
- Treat it as a private conversation with no obligation to act
Correct answer: Document and report the manager's statement to HR and legal counsel
An FMLA administrator has a professional obligation to prevent FMLA retaliation. Overhearing a manager's intent to retaliate requires immediate documentation and escalation to HR and legal counsel.
FMLA administrators serve a critical compliance function. If an administrator becomes aware of potential FMLA retaliation, even at the planning stage, their professional obligations include documenting the incident, escalating to HR leadership and legal counsel, and taking steps to prevent the retaliatory action before it occurs. Failure to act can make the organization liable.
Question 2: Which ethical principle does an FMLA administrator violate by sharing an employee's FMLA medical information with coworkers to explain why the employee is absent?
- Duty of loyalty to the employer
- Confidentiality of employee medical information (Correct answer)
- The professional standard of timely certification
- The principle of consistent policy application
Correct answer: Confidentiality of employee medical information
Medical information obtained through the FMLA process is strictly confidential. Sharing it with coworkers, even to explain an absence, violates FMLA confidentiality requirements and potentially the ADA.
29 CFR 825.500 requires FMLA medical records to be maintained confidentially and separately from general personnel files. Disclosing medical information to coworkers violates both FMLA regulations and the ADA's confidentiality provisions. Managers and supervisors may be told only of necessary work restrictions or accommodation needs, not the underlying medical reason.
Question 3: An FMLA administrator suspects an employee is abusing intermittent leave by always taking Fridays off around holidays. Which approach is most ethically and legally appropriate?
- Terminate the employee for attendance abuse
- Document the pattern, consult legal counsel, and consider requesting recertification (Correct answer)
- Ignore the pattern to avoid a retaliation claim
- Contact the employee's doctor directly to discuss the pattern
Correct answer: Document the pattern, consult legal counsel, and consider requesting recertification
Suspected leave abuse should be addressed through the proper legal process: documenting the pattern, seeking legal guidance, and using FMLA's recertification process, not unilateral discipline or direct contact with the physician.
29 CFR 825.308 allows employers to request recertification as often as every 30 days when there is reason to doubt the validity of the certification. For suspected abuse, the administrator should document the pattern objectively, consult with legal counsel, and request recertification citing the unusual pattern. Contacting the physician directly without employee authorization violates FMLA and HIPAA.
Question 4: Under FMLA professional standards, what constitutes a conflict of interest for an FMLA administrator?
- Processing a leave request for an employee in a different department
- Approving FMLA leave for a close family member in the same organization without disclosing the relationship (Correct answer)
- Consulting with legal counsel on a pending FMLA claim
- Maintaining FMLA records in a secure digital system
Correct answer: Approving FMLA leave for a close family member in the same organization without disclosing the relationship
Approving leave for a close family member without disclosing the relationship and recusing oneself represents a clear conflict of interest, potentially tainting the objectivity of the FMLA decision.
FMLA administrators are expected to apply consistent, objective standards to all leave decisions. When a personal relationship could influence or appear to influence an FMLA decision, the administrator must disclose the relationship and recuse themselves. Undisclosed conflicts of interest undermine organizational trust and may affect the legal defensibility of the leave decision.
Question 5: Which of the following best demonstrates the professional standard of consistent application in FMLA administration?
- Approving FMLA for popular employees and requiring extra documentation for difficult employees
- Applying the same documentation and certification standards to all similarly situated employees (Correct answer)
- Using different leave year methods for different departments
- Granting FMLA leave only to employees who explicitly cite the statute by name
Correct answer: Applying the same documentation and certification standards to all similarly situated employees
Consistent application requires applying the same standards, documentation requirements, and processes to all similarly situated employees without regard to personal relationships, performance history, or manager preferences.
One of the most important professional standards in FMLA administration is consistency. Applying stricter standards to some employees based on non-qualifying factors can be used as evidence of discriminatory treatment or FMLA retaliation. Administrators should apply written, documented standards uniformly and ensure managers understand that FMLA decisions are made by HR, not by the individual supervisor.
Question 6: What obligation does an FMLA administrator have when they realize they made an error in calculating an employee's remaining FMLA entitlement?
- Correct the error quietly without informing the employee
- Notify the employee promptly, correct the record, and restore any leave improperly denied (Correct answer)
- Maintain the incorrect calculation to avoid confusion
- Only correct the error if the employee discovers it first
Correct answer: Notify the employee promptly, correct the record, and restore any leave improperly denied
Professional integrity requires promptly disclosing and correcting calculation errors. If leave was improperly denied due to the error, the employee's entitlement and any lost benefits must be restored.
FMLA administrators have an ethical and legal duty to act with integrity. If a calculation error is discovered, the administrator must correct the record immediately, notify the employee in writing, and restore any FMLA entitlement that was improperly charged. Concealing errors can compound liability and harm employee trust.
FMLA Ethics & Professional Standards 2
An FMLA administrator overhears a manager saying they will give a poor performance review to an employee who just returned from FMLA leave to 'send a message.' What is the administrator's professional responsibility?