A common error in both FMLA policies and communications to employees seeking Family and Medical Leave Act (“FMLA”) leave involves misuse of the word “eligibility” (or “eligible”) when in fact the intention is to refer to “entitlement” or vice versa. Using these words correctly will help ensure clarity as to whether an employee may or may not take FMLA-protected leave, and if not, the reason for this determination.

Originally published in Employee Benefit Plan Review - February 2022.