When employers outsource Family and Medical Leave Act (FMLA) administration to a third-party administrator (TPA), compliance responsibility stays with them.
A recent federal case out of Wisconsin shows how quickly weak TPA oversight can lead to interference and retaliation claims.
Rodney Severson was hired as a production employee for S.C. Johnson in 2005 and worked there until he was fired in 2024.
In February 2023, Severson sought FMLA leave to care for his mother, who had ovarian cancer.
After the FMLA paperwork was completed, S.C. Johnson approved Severson for intermittent FMLA leave to care for his mom.
The next month, Severson also requested intermittent FMLA for his own migraine flare-ups.
During this timeframe, Severson had several FMLA-related absences, and he worked with S.C. Johnson’s leave team to report his intermittent FMLA days.
In July 2023, S.C. Johnson outsourced its FMLA administration to a TPA.
Around mid-month, Severson contacted the employer’s leave team about his need for several FMLA days to care for his mother. At that point, the leave team notified Severson that the TPA was handling FMLA administration and told him to request FMLA leave through the TPA’s website or phone.
According to Severson, that’s when the problems began.
From July to October 2023, Severson was periodically absent for FMLA reasons, but he didn’t...
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