Page 94 - An Indispensible Resource for Being a Credible Activist

SAMPLE MEMO REGARDING FMLA COMPLIANCE
CONCERNS

On letterhead, in interoffice memo format, or via e-mail

To: Your Supervisor (also include the supervisor of an employee, or any others on
this list to whom this memo should be addressed)

From: Your Name
Date:

Re.: Concerns about (Company)’s Compliance with FMLA
I am compelled to express concern about how we at (Company) handle issues related to
the Family Medical Leave Act (FMLA).
I am concerned about how the recent situation with (employee’s name) is being handled.
Unless I am unaware of additional information or documentation related to this matter,
I recommend that we revisit this situation and seek technical FMLA assistance to ensure
that we at (Company) have not made any errors in violation of the FMLA. There are times
when FMLA issues include ADA and EEO issues, and I have included a link to the EEOC’s
guidance on this below as well as other informational links that relate to my concerns
about the situation involving (employee’s name). There is also an informational link to
Company’s obligations to provide reasonable accommodations under ADA.
If we learn that any errors have been made, I recommend that we remediate those as
soon as possible. Moving forward, I recommend that we consider implementing a deci-
sion-making protocol that will include technical assistance consultation from no-cost
government or SHRM resources to prevent errors in the future. Additionally, I recom-
mend that all persons involved in FMLA decisions attend formal training on FMLA com-
pliance issues. I will follow this memo up with a list of quality upcoming available
trainings in our area or via webinar.
We share a collective responsibility to ensure (Company)’s compliance with FMLA. We
also share a commitment to prevent liability exposure for (Company) as well as personal
liability exposure.
The resources below are free and available to us to use at any time. My membership in
SHRM provides free information, white papers, case-law information, and research capa-
bilities along with toolkits for how to best handle the FMLA and related issues. I recom-
mend that we use these resources in the future to ensure legally compliant
decision-making processes related to FMLA issues.

http://www.eeoc.gov/policy/docs/fmlaada.htm
http://www.dol.gov/esa/whd/fmla/

http://www.shrm.org/

CHAPTER 5 • Legal Issues Concerning Compens ation, Insurance, Leave 77