One of the most common mistakes managers make when responding to an employee’s leave request is commenting on the timing. Statements like this is a really bad time or we are short staffed may sound operational, but under the FMLA they can be legally dangerous. Courts continue to reaffirm that discouraging comments alone may constitute FMLA interference, even if the leave is ultimately approved. Intent does not matter. The impact of the words does.

This reminds me of a real situation that has always stayed with me. An employee requested FMLA leave to care for his wife who was suffering from severe depression. Instead of focusing on eligibility and process, the manager responded emotionally and said this is the busiest time of the year and even commented that it was a bad time for the wife to be dealing with depression. Those words alone created legal exposure, regardless of whether the leave was later granted.

Under the FMLA, employers are prohibited from interfering with or discouraging the exercise of leave rights. A manager does not need to deny leave to violate the law. Comments that pressure employees to delay leave, feel guilty, or fear consequences can be enough. Courts have made it clear that discouragement itself can equal interference.

This is why manager training is critical. Managers focus on coverage and productivity, while HR focuses on compliance and risk. Without guidance, managers speak before HR can step in, and those statements can become evidence. HR must coach leaders to pause, avoid commentary, and route leave discussions through proper channels.

The safest response to any potential FMLA request is neutral, supportive, and process focused. A simple response such as thank you for letting me know, HR will guide the next steps protects both the employee and the organization. Operational concerns can be addressed after eligibility is determined, not during the request.

If you want to build confidence handling complex FMLA and ADA scenarios like this, I invite you to join me in my upcoming 2 Day FMLA ADA Certificate Programs on January 14, 2026 and February 25, 2026. These programs are designed to help HR professionals apply the law correctly, coach managers effectively, and build defensible leave practices.

FMLA, ADA, PDA, and PWFA Certificate Program

Elga Lejarza

Founder & CEO

HRTrainingClasses.com

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