Migraine, or FMLA Headache?

Management of leaves under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) isn’t such a headache if you work out your policies carefully, publicize them to employees, and enforce them consistently, says Beverly Kish, SPHR. Kish is director of Human Resources at National Flight Services.

 

“Sure, Take Some Time”

 

Like many managers, Kish used to be casual about granting time off, running on the honor system. Then came “Sally.”

 

Before “Sally,” Kish says, it was, “sure, take some time.” Then Sally burned her vacation, burned her sick leave, and was at step 6 of the 7-step discipline program when she suddenly had a back injury and took FMLA leave. The next year, the same pattern ensued, when Sally “overdid it” at the amusement park. Kish finally took the hint that she had to begin managing FMLA in a professional way.

 

Communicate Family Leave Rights and Rules

 

The first step, Kish says, toward that level of management is to make sure employees know before they ask for leave what they are entitled to and how the family leave program will be administered. She recommends:

 

• Post family leave information with your other required postings. (This is legally required, anyway.)
• Devote a section in your employee handbook or manual to family leave.
• Have a comprehensive written policy to provide to employees requesting family leave.
• Insist that employees acknowledge in writing that they have received the policy. “You don’t want employees to be able to say, at any point in the family leave continuum, ‘I didn’t know about that,’” Kish advises.

Learn how to master all the ins and outs of the California and federal leave rules with our brand-new HR Management & Compliance Report, How To Comply with California and Federal Leave Laws.

 

Clearly Written Policy

 

In your policy and your training, says Kish, include the following:

 

1. How to request leave

• Specify the contact for employees to use when they request leave—for example, the HR manager, employee benefits administrator, or the employee’s manager.
• Note that verbal notification is fine.
• Note that the employee does not have to designate the request as FMLA.

 

2. Time frames for notice and required documentation

• State your deadlines for notification of leave for both foreseeable and nonforeseeable leaves and for providing medical certification of the need for leave.

 

3. Coordination with other leaves
Coordinating family leave with other types of time off confuses many employees, Kish says, so make sure that they understand that family leave time runs concurrently with sick leave, vacation, paid time off, short term disability, or workers’ comp, for example.

 

Be sure employees understand that family leave eats into their entitlements for other leave—this may deter some who don’t really need the leave.

 

Don’t let family leave confusion get you down. Check out our comprehensive HR Management & Compliance Report, How To Comply with California and Federal Leave Laws.

 

4. Consequences of failure to meet requirements
Brief employees on the consequences of ignoring family leave deadlines and requirements, says Kish.

 

Tell Your Managers Where to Go

Finally, make family leave administration simple for your managers, Kish says. There are three basic rules:

• If an employee indicates circumstances eligible for family leave, notify HR.
• If an employee has illness-related absences or performance issues, notify HR.
• As intermittent leave is used, notify HR.  

In the next Advisor, we’ll look at Kish’s tips for dealing with FMLA fraud and tell you about about a new resource that explains – yes, really explains – how to manage intermittent leaves.