Tips for Harmonizing Federal and Multistate Family and Medical Leave Compliance

Managing employee leave becomes significantly more complex for multistate employers navigating a patchwork of federal, state and local law. While the federal Family and Medical Leave Act (FMLA) sets a baseline, state-specific family and medical leave laws often layer on additional – and sometimes conflicting – requirements. The challenge lies in harmonizing these overlapping obligations to ensure compliance across jurisdictions and avoid costly missteps.

Here’s what HR leaders need to know to stay ahead.

Documentation: One Size Doesn’t Fit All

The federal FMLA allows employers to request medical certification to support the need for leave. However, as Ellen Donovan McCann, an attorney who regularly advises on leave and accommodation issues from employment law firm Littler, advises, “Some state laws have specific provisions that govern the type of documentation and/or information that can be requested to support the need for leave. Often these provisions are more restrictive than what the federal FMLA documentation provisions allow.”  For example, federal and state law may differ regarding:

• The type and amount of information an employer may request about an employee’s diagnosis or specific medical details.
• How often an employer can request recertification or whether second and third opinions are allowed.
• The format or timing of documentation requests.

Applying federal FMLA documentation standards across the board can lead to collection of too much information and potential violations under state law. HR teams must tailor their documentation practices to each applicable jurisdiction.

Using state and local family and medical leave forms allows employers to ensure that supervisors and HR personnel throughout the company are processing employee leave requests in the same way. Forms provide a clear and consistent way for employers to ensure that they are providing leave as required under federal FMLA and state and local laws. Forms also leave a record of exactly what information was provided by the employee as well as what information was given to the employee.

Common Pitfalls of Defaulting to the Federal FMLA

A frequent misstep by multistate employers is defaulting to federal FMLA processes when administering all leave requests. “Many employers use federal FMLA standards and follow federal FMLA processes to administer state leave law requests,” says McCann.  While this may seem efficient, “it can lead to compliance risk if state law is more restrictive than the federal FMLA or if state law processes differ from the federal FMLA.”

Examples of common pitfalls include:

• Failing to issue required state-specific notices or designation letters.
• Overlooking additional leave entitlements under federal and state law.
• Misapplying eligibility criteria, such as hours worked or employer size thresholds.

“Employers often assume that if they’re compliant with federal FMLA, they’re covered,” says McCann. “But that assumption can lead to missed notice obligations and increased legal exposure.”

ADA Considerations: The Overlooked Safety Net

According to McCann, “When FMLA and state leave entitlements are exhausted – or if an employee isn’t eligible for the FMLA – consideration must be given to whether the Americans with Disabilities Act (ADA) or similar state accommodation law requires additional leave as a reasonable accommodation.”

This intersection of laws is often misunderstood. The ADA does not provide a set amount of leave. Instead, it requires a case-by-case analysis of what is reasonable under the circumstances. The ADA requires employers to engage in the interactive process to determine if a leave of absence is reasonable or if it would cause undue hardship on business operations.

Practical Implications for HR

To reduce risk and improve compliance, HR professionals should consider the following strategies:

• Audit leave policies regularly. Ensure they reflect both federal and state-specific requirements.
• Train managers and HR staff. Equip them to recognize when state laws diverge from federal FMLA, which state and local forms and notices to use (e.g., California state family and medical leave forms) and when ADA obligations may apply.
• Engage legal counsel. When in doubt, consult with knowledgeable employment law counsel to navigate complex scenarios.

Managing leave in a multistate environment is a strategic imperative. As state laws continue to evolve and expand, HR leaders must stay informed and agile. By understanding the nuances between federal and state leave laws and recognizing the role of the ADA, employers can better support their workforce while minimizing legal risk.