‘Burdensome’ FMLA Process May Be Interference, Court Says in SC Johnson Lawsuit

Why It Matters

The decision underscores that employers cannot hide behind third‑party administrators to avoid FMLA compliance, exposing them to costly litigation and reputational risk. It signals to HR leaders that overly complex leave processes may be deemed unlawful interference.

Key Takeaways

• SC Johnson outsourced FMLA administration to Prudential, creating delays
• Employee alleged the system was almost impossible to reach
• Court allowed both interference and retaliation claims to proceed
• Judge noted HR knew of issues but still recommended termination
• Reasonable jury could find burdensome process discouraged employee from taking leave

Pulse Analysis

The Family and Medical Leave Act sets clear standards for how employers must handle leave requests, including reasonable call‑in procedures and timely approvals. While companies often outsource administrative functions to improve efficiency, the shift can introduce new compliance challenges. When a third‑party provider like Prudential controls the approval workflow, employers must ensure the system remains accessible and does not create barriers that could be interpreted as discouraging legitimate leave.

In the SC Johnson case, the plaintiff argued that the outsourced platform was "almost impossible to get ahold of anybody," leading to missed certifications and delayed approvals. The district court emphasized that interference under the FMLA includes actions that effectively deter employees from exercising their rights, even if the employer’s intent was not overtly hostile. By allowing the interference and retaliation claims to proceed, the judge signaled that courts will scrutinize the practical impact of outsourced processes, especially when termination follows closely after denied or delayed leave.

For businesses, the ruling serves as a cautionary tale. HR departments should audit third‑party leave systems for usability, response times, and clear escalation paths. Maintaining direct oversight, documenting employee communications, and providing alternative contact methods can mitigate the risk of a "burdensome" process being deemed unlawful. Ultimately, aligning outsourced solutions with the spirit of the FMLA protects both employee rights and the company's bottom line.