Biggest FMLA challenges in 2024

Throughout the year, during related webcasts, we asked webcast attendees the following question, with optional answers:

What do you feel is the toughest part in administering FMLA leave?

• Tracking leave
• Gathering information (including certifications)
• Meeting deadlines
• FMLA abuse
• Understanding the regulations (including what a serious health condition is)

The top response for 2024 was the last one on the list: Understanding the regulations — including what a serious health condition is. Meeting deadlines came in last.

Here is a breakdown of how all the answers fared:

• 31 percent: Understanding the regulations (including what a serious health condition is)
• 27 percent: Tracking leave
• 20 percent: FMLA abuse
• 19 percent: Gather information (including certifications)
• 3 percent: Meeting deadlines

Understanding the regulations was also the biggest challenge in 2024.

Most leave administrators have not read all the FMLA regulations, but turn to them now and then to find answers to situations. Answers can be hard to find, particularly when time is of the essence.

The definition of a serious health condition is in the regulations (29 CFR 825.113 - .115), but the second page of the certification form references it in a nice checklist. If the health care provider checked one of those entries — except the last one (None of the above) — chances are, the employee or family member has a serious health condition.

Key to remember: Employers don’t always need to understand all the FMLA regulations to determine if someone has a qualifying serious health condition.