Return to Work

Staying Focused on Absence Management and Return to Work

Michelle Kern — Thu, 20 Nov 2014 15:56:03 +0000

Staying Focused on Absence Management and Return to Work

Tue, 02/23/2021 - 15:45

Michelle Kern Thu, 11/20/2014 - 09:56

*This week’s post is brought to you by Optis’ National Sales Representative, [Scott Lenox](https://www.linkedin.com/reg/join?trk=login_reg_redirect&session_redirect=https%3A%2F%2Fwww.linkedin.com%2Fprofile%2Fview%3Fid%3D10504852%26authToken%3DWasF%26authType%3DNAME_SEARCH%26trk%3Dnmp_rec_act_profile_photo).* *“Where attention goes, energy flows and results show.” -T. Harv Eker* My five year old daughter is at the age of telling her mother and I about how everyone else, her fellow classmates, have been misbehaving and it has been difficult for her to listen to instructions the teacher is sharing. The three notes we received from her teacher last week said otherwise. After asking just a few more questions, her head finally dropped and the truth came out that *she* has been the one talking a little too much in class when the teacher is speaking. If you have spent an extended period of time with children, I’m sure you’ve encountered a similar situation and can agree how it can be a bit humorous when they are young and learning lessons. However, it would have been much easier for us to have just believed our daughter and directed our focus on the “reported” actions of the other kids in the class. When I speak with organizations across the nation that are looking for an absence management solution, they tend to put their focus of curbing absence abuse as a top priority, if not *the* top priority. Employers are correct in that absence abuse is a real issue that does impact productivity, bottom line, and employee morale especially when the team has to pick up the absent employee’s workload. However, according to a survey conducted by the [Department of Labor (DOL)](http://www.dol.gov/whd/fmla/survey/), less than 2% of covered worksites confirmed misuse of the FMLA, and less than 3% of covered worksites reported suspicion of FMLA misuse. Often the challenges of managing intermittent FMLA, in particular, have caused major headaches for employers. Employers have reported; granting what they consider illegitimate requests for FMLA, accepting imprecise information in medical certifications from medical professionals, and the overall difficulty of tracking compliance of an intermittent FMLA leave event. This raises a few questions - + Is curbing employee abuse the correct issue employers should be focusing on overall? + Is it possible that the lack of resources the employer is using to manage absences can actually create a false sense of employee abuse or even allow for employee abuse to take place? So, do these shortcomings lie with the employer or the employee? Similarly, is it my daughter’s fault for not listening in class, her classmates fault, or us, the parent’s fault for wanting to choose sides before having all of the correct information? It’s all about directing your focus in the right place. Every employee leave event is different from the next and each one can present its own set challenges and frustrations. Sometimes (not always) when abuse is suspected, it can become a personal impediment that demands a lot of energy and focus to resolve or even eliminate. Getting taken up with resolving the abuse of a select few in your organization and not focusing on creating a more comprehensive absence management and return to work (RTW) program that can impact the other 98% of your employees can have its own long lasting negative effects. Don’t let the absence abuse of a small percentage give you tunnel vision of what your overall program can become. You don’t have to look far to find articles and resources on the importance of **Integration**, **Clear Communication**, **Tracking**, and **Measurement** when it comes to producing an effective and complete program. **Integration** of data can open up a world of answers that have been residing in disparate filing cabinets, systems, excel spreadsheets, and departments. Imagine data that is integrated between HR/Benefits/EAP/Wellness/Safety and a third party. What potential could this data bring to your program? If you are a small company this could be data residing in separate files on one single computer terminal! Integration of data allows for historic data to be viewable and compared. It allows for baselines to be established and ongoing measurements to take place. Integrating your data can even allow comparisons against similar organizations in your space. **Clear Communication** and **Tracking** go hand in hand. It is recommended that you do a complete check to make sure that all of your communications, forms, letters, and policies are all up to date with the Department of Labor. Once this audit has taken place you can now track your absences in a compliant environment and make policy changes as needed. Next, be sure that your policies and procedures for requesting a leave are easily understood by your management team and displayed for your employees to access. Tracking is more than just capturing calendar dates and hire dates, it also includes tracking all communications and correspondence with the many different individuals involved with the entire leave event. Be sure to include, the employee, management, doctors, legal, human resources and benefit individuals in all of your communication tracking inside and outside of your organization. Finally, **Measurement** of your program is a must. This allows you to measure if the changes you have implemented are working or still need some adjusting. Ongoing measurement of your absence management program allows you to see if leave frequencies are decreasing, if durations are decreasing, how much leaves are costing your company, if your numbers are matching or beating your established baseline, if the wellness program is taking affect, what improvements need to be made and how can the new policies be measured. This process seems to repeat itself as you strive to become better and continue to build your program. There are several excellent articles and resources that explain the importance of building a comprehensive absence management & RTW programs and the benefits in doing so. Including; [“Foundation for Optimal Productivity: The Complete Return to Work Program”](http://www.lulu.com/us/en/shop/disability-management-employer-coalition/foundation-for-optimal-productivity-the-complete-return-to-work-program-manual/paperback/product-20487408.html) created by the DMEC, [“Absence Management: What’s Your Game Plan?”](http://dmec.org/2014/11/11/absence-management-whats-your-game-plan/) written by David Spring and featured on DMEC’s website, and [“Return-To-Work Best Practices: Roles, Responsibilities, and Outcomes”](http://www.irmi.com/expert/articles/2014/carruthers11-workers-compensation-disability-insurance.aspx) written by Marcia Carruthers. Absence abuse is an issue that every organization must remain vigilant about and address. Don’t let the few abusers dictate the policies and procedures you’re building into your absence management and RTW program, or even worse, let it derail you from building out your absence management and RTW program. Integrating disparate data, building clear, concise, up-to-date communications, investing in tracking tools, and ongoing measurement of your program will allow you to address not only absence abuse, but all of the other concerns that organizations need to be focused on for their absence management and RTW programs to be successful.

Categories

Human Resources

Return to Work

RTW

absence abuse

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Three Scenarios: Two FMLA, One Light Duty and One Reduced Schedule. Which One is Which?

Michelle Kern — Thu, 13 Mar 2014 18:20:41 +0000

Three Scenarios: Two FMLA, One Light Duty and One Reduced Schedule. Which One is Which?

Thu, 03/13/2014 - 18:15

Michelle Kern Thu, 03/13/2014 - 13:20

It’s trivia time! We’ve listed three scenarios below, two FMLA leaves, one light duty and one reduced schedule. Can you tell which one is which? 1 - Melissa will be having bypass surgery, and will need to miss 6 weeks from work. When she returns she can work her regular job duties as plant foreman but will be limited to four-hour work days for the first three weeks. 2 – Jason has a bad cold and will need to stay home for two days and miss work at his job as a flight attendant to recover. 3 - Brian will be having knee surgery and will miss at least two weeks but not more than the six weeks for which he is certified. If he returns after two weeks, he will not be able to perform the heavy lifting duties associated with his regular job. A light duty position is available after two weeks of his absence, which he could do for 40 hours per week, but he doesn’t want to do it. *Which of these scenarios do you think is FMLA leave, light duty and reduced schedule?* *Answers:* Jason’s leave request doesn’t qualify as an FMLA leave. His need to miss two days for cold symptoms doesn’t meet the criteria as a serious health condition under the FMLA, so it is associated with sick time; not FMLA. It’s not related to any of the possible serious health condition elements outlined by the DOL: + It’s not inpatient care + It doesn’t require a period of incapacity requiring absence of three or more calendar days + It’s not due to pregnancy or prenatal care + It’s not associated with a chronic serious health condition + It’s not a period of incapacity that is permanent or long-term + It’s not associated with multiple treatments *So, which scenario is a reduced schedule? It’s Melissa’s leave.* All three situations will involve absence time, but only one involves a reduced schedule. Melissa’s job is protected while she’s absent six weeks because her bypass surgery and recovery meet the criteria as a serious health condition. Since she is able to work her same position with a modified schedule, this is interpreted as returning to an equivalent position with a trimmed or reduced schedule; she’s able to perform all of her regular job duties without assistance or accommodation but just not on a full-time basis. *What about Brian? Light duty is not required with the FMLA.* Brian is certified to miss six weeks of work, but his company has identified a light duty position he could complete after two weeks of absence. An employee who is physically or mentally unable to perform the essential functions of his or her position may be able to return to work sooner in a light duty position. But, according to the FMLA, employers are not required to create light duty positions and employees are not required to accept these positions. Light duty positions are not considered an equivalent position because they involve restricted duties or are a completely different job; consequently, the FMLA does not require reinstatement in this manner. So, Brian has every right to refuse the offer of light duty under the FMLA. And, if his serious health condition doesn’t qualify as a disability, then the ADA and associated reasonable accommodation regulations are not applicable. *So what about you?* When employees, like Jason, request time off for situations other than serious health conditions are you consistently able to identify these situations as inapplicable to FMLA? Consider improving your workflow to include checks for these types of situations. When employees, like Melissa, are only able to return to work on a reduced schedule, are you continuing to correctly identify and sum non-worked hours as FMLA? With the FMLA, her job is still protected despite her part time full duty. Employees, like Brian, may turn down the opportunity for light duty work, but that doesn’t mean you shouldn’t continue or even increase efforts to return employees to work. Those employees, who do choose to return full time with a light duty position, while not still using FMLA, are still in a temporary position. These temporary return to work efforts should be well-documented and monitored prior to complete job restoration. *What do you think? Did you know the answers to the trivia questions? Let us know in the comments section below.*

Categories

FMLA

Return to Work

healthcare

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Should FMLA Tracking be an Olympic Sport?

admin — Wed, 26 Sep 2012 02:37:50 +0000

Should FMLA Tracking be an Olympic Sport?

Thu, 08/09/2012 - 02:30

admin Tue, 09/25/2012 - 21:37

The exercise of managing and tracking FMLA in today’s work environment requires training, dedication to excellence (aka compliance), and endurance. Leave managers must be committed to obtaining the education necessary to understand the internal and external (state and federal) policies governing employee absence. They then must operate as efficiently as possible to ensure compliance with said leave policies (keeping the company away from potential legal issues) while managing the day-to-day tasks and events required to return employees to work quickly. And, while leave types and durations vary, the complexities and length of some absences will carry on for weeks (or even months) and require ongoing management, documentation, and correspondence. Today’s leave ~~manager~~ athlete trains themselves on leave types and policy, dedicates themselves to the most efficient and compliant processes, and has the endurance to keep up with a leave of absence – no matter how long or how complex. We think you deserve a gold medal! Keep up the good work! **Going to DMEC?** _Learn more about managing FMLA in the session, [Leveraging Technology to Track & Manage FMLA Effectively](https://m360.dmec.org/frontend/event.aspx?EventId=39861), with Rich Silva of FedEx Ground and Dave Spring of OCI. Also, stop by [Booth 40](http://web.oci.com/thank-you-for-your-interest-in-scheduling-a-demo-DMEC?hsCtaTracking=d89b6e11-9f77-4f72-ae52-296116ca47cb|4479398f-1c78-474e-95c4-18b0391bc820) for more information on LeaveXpert and to register to win a Marc Jacobs handbag!_

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Want to Meet Up?

admin — Mon, 24 Sep 2012 21:50:41 +0000

Want to Meet Up?

Fri, 09/21/2012 - 21:45

admin Mon, 09/24/2012 - 16:50

OCI has an exciting fall ahead of us with a lot of HR events on our calendar. We'll be traveling to several states to discuss leave management, FMLA tracking, RTW practices, and absence reporting with HR professionals across the U.S.! Please stop by our booth at one of the conferences below and ask about LeaveXpert - the essential leave management system. [NAPEO](http://www.napeo.org/pem12/index.cfm) October 1-3, 2012 Scottdale, AZ **Booth #92** [HR Tech](http://www.hrtechnologyconference.com/) October 7-9, 2012 Chicago, IL **Booth #100** [MI SHRM State Conference](http://www.mishrm.org/template.php?pid=53http://) October 10-12, 2012 Novi, MI [HR Southwest](http://www.hrsouthwest.com/) Fort Worth, TX October 14-16, 2012 **Booth #400** [Sign up today](/contact) to schedule a meeting or LeaveXpert demo!

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