Although proposed changes to the FMLA may alleviate some of the pain, FMLA headaches will not go away anytime soon. Today’s expert shares some workplace-tested remedies.
Family and Medical Leave Act (FMLA) management isn’t such a headache if you work out your policies carefully, publicize them to employees, and enforce them consistently, says Beverly Kish, SPHR. We found Kish’s practical tips in a recent issue of Advisor’s sister publication, HR Manager’s Legal Reporter. 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 FMLA 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 FMLA program will be administered. She recommends:
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 FMLA continuum, ‘I didn’t know about that,'” Kish advises.
Changes may be coming to FMLA’s intermittent leave provisions, perhaps as early as this year. Ask about them at BLR’s 90-minute audio conference, Intermittent Leaves: How to Make Sense of the Ridiculously Complex Rules and Prevent Abuses by Employees. Can’t attend? Pre-order the CD. Click for more info.
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, FMLA 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 FMLA leave with other types of time-off confuses many employees, Kish says, so make sure that they understand that:
4. Benefits while on leave
By law, healthcare/dental benefits must continue at employee rates, with the usual share paid by the employee. If the employee does not pay on time, provide a 30-day grace period, and then offer the person COBRA, says Kish.
How are you doing at managing intermittent leave? Not so hot? Here’s hope—BLR’s 90-minute audio conference, Intermittent Leaves: How to Make Sense of the Ridiculously Complex Rules and Prevent Abuses by Employees. Click for more info.
5. Required return to work (RTW) release
Require all employees to provide a physician’s release to return to work (except those whose leaves were not related to their own serious health condition). Workers on intermittent leave need not submit an RTW release as long as the doctor’s outline of treatment covers the pattern of absence.
6. Consequences of failure to meet requirements
Brief employees on the consequences of ignoring FMLA deadlines and requirements, says Kish.
Tell Your Managers Where to Go
Finally, make FMLA administration simple for your managers, Kish says. There are three basic rules:
In the next Advisor, we’ll look at Kish’s tips for dealing with FMLA fraud and find out about a program that explains—yes, really explains—how to manage intermittent leaves.