Managers are an important part of any organization, leading teams and contributing to company culture. They shoulder the responsibilities of sharing corporate messaging with employees and carrying the HR torch forward. They are also a lynchpin in absence management. Yet studies show that employers are finding it increasing difficult to train managers, and despite an organization’s best intentions (and policies), all it takes is a new or untrained manager to cause unnecessary risks that could lead to an FMLA or ADA-related lawsuit.
Concern #1 – Manager Knew There was a Medical Condition and Did Nothing
One of the most common and most costly absence management risks occurs when managers know or should know that an employee may have a serious health condition but fail to take action.
This often happens when managers dismiss warning signs as “just being sick,” treat absences as routine attendance issues, or assume it’s the employee’s responsibility to explicitly ask for FMLA leave. Under the law, that assumption can be dangerously wrong. In this example, managers have enough information to trigger the organization’s obligation to inquire about the need for FMLA need, but they do nothing.
Training tip: Educate managers on recognizing the difference between “being sick” and serious medical conditions. Also, require employees to follow established policies and if they can’t (or don’t) ensure that managers are trained to report the leave themselves.
When managers know what to look for and exactly what to do next, organizations are far better positioned to meet their legal obligations and support employees appropriately before a missed signal turns into a lawsuit.
Concern #2 – Manager Knew of the Leave but Failed to Redirect to Proper Channels
Another major absence management risk arises when managers know an employee needs time off for a medical or family reason but fail to connect the employee to the correct leave process. Instead of redirecting the individual to HR or a leave administrator, these managers delay, forget, or provide vague guidance that leaves employees unsupported and exposed. In this example, the manager may tell an employee to “take all the time you need,” accept informal texts or messages through social media instead of following policy, or simply fail to explain how to request FMLA leave.
In one case, an employee urgently needed time off to care for a family member in a life-threatening situation. Her supervisors never informed her of the FMLA process, never directed her to HR, and never followed up. Only after a relative mentioned FMLA did the employee realize she had protections. By then, inconsistent messaging, missed guidance, and disciplinary action had already occurred, leading the court to rule against the employer.
Training tip: Ensure managers immediately redirect leave-related discussions to HR or the appropriate team. Providing managers with a simple script for handling leave inquiries and getting the discussion to the right individual is imperative.
When managers know exactly where to send employees and what to say, organizations promote clarity, protect employees, and significantly lower the risk of leave-related lawsuits.
Concern #3 – Manager Responded to the Request Inappropriately
One of the most visible and damaging manager risks is how supervisors respond in the moment when an employee raises a leave request. And while it’s understandable that managers may have emotional reactions to unexpected leave requests, , a single emotional or dismissive reaction can undermine employee trust and create significant legal exposure even when the organization has strong policies in place. In these situations, it’s not the leave itself that creates risk, it’s the response.
Courts have consistently scrutinized situations where managers responded with remarks like:
“You’ve missed a lot of work.”
“Suck it up.”
“You’ve taken too many days off.”
“It’s not a good time to take leave.”
In several cases, poorly worded texts, emails, or offhand remarks became central to lawsuits demonstrating how quickly a moment of frustration can escalate into liability.
Training tip: Train the supervisor to react calmly and with empathy. Role playing is a great way to practice this skill to help keep emotional responses in check when these situations do arise.
When managers are trained to pause, respond thoughtfully, and follow an optional script, organizations significantly reduce one of the most common risks.
Concern #4 – Made Improper Comments During the Leave
Another critical manager risk surrounding employee leave is when supervisors say or write things they shouldn’t about an employee’s leave. Casual comments, poorly worded emails, or unnecessary documentation can quickly become evidence in a legal claim. The sharing of opinions can include documenting frustration in emails or performance reviews, making remarks about how the leave impacts the team, or discussing the employee’s situation with coworkers.
Courts have repeatedly relied on these types of comments as direct evidence of discrimination or interference. Performance reviews referencing time missed due to leave, emails suggesting termination plans tied to medical absences, or offhand remarks minimizing an employee’s condition have all played central roles in successful claims against employers. From a cultural perspective, this behavior also discourages employees from using benefits they are legally entitled to, damaging trust and psychological safety across teams.
Training tip: Prohibit discussing leave details in performance reviews or with coworkers.
When managers understand that keeping their opinions to themselves is often the safest response, organizations reduce one of the most preventable manager risks.
Concern #5 – Manager Improperly Contacted Employees During Leave
The final manager risk involves what happens after leave begins. Even well-intentioned outreach can cross the line when managers contact employees unnecessarily, or worse, pressure them to keep working while on leave. Once an employee is approved for leave, manager involvement must be handled with extreme care. Although courts have held that employees on leave do not have a right to be left alone, managers who request updates, or ask the employee to complete tasks is creating significant risk for their employer.
Courts have uniformly held that requiring or coercing employees to perform work while on FMLA leave can constitute unlawful interference, even if the employee doesn’t formally object. Requests to update projects, handle accounts, or complete assignments have repeatedly resulted in employer liability.
Training tip: Establish clear boundaries for the leave process. Employees who are on leave should be left alone. If outreach is absolutely necessary, HR teams need to be the ones to handle the communication.
Empowering Managers to Protect Your Organization and Employees
Managers and supervisors are integral to any team. When it comes to absence management, well-meaning managers often cross the line with their employees in a variety of ways. Some are too hands off, some are too hands on, and many just don’t know their company’s policies. In order to avoid risk and legal exposure, managers need to understand the processes and the stakes when it comes to employee leaves of absence. Managers don’t need to be leave experts, but they do need to know what to recognize, what to say, and when to step out of the process. Absence management works best when managers act as connectors, not decision makers. By addressing these five manager faux paus head-on, employers can protect their organization, support their workforce, and avoid unnecessary risk.
Learn more about the absence landscape and how to stay ahead of the curve in 2026.
