FMLA

Are You Keeping Pace with Developments in Leave Management?

admin — Tue, 17 Oct 2017 20:38:49 +0000

Are You Keeping Pace with Developments in Leave Management?

Mon, 02/17/2020 - 14:30

admin Tue, 10/17/2017 - 15:38

Let’s face it. Managing employee leave isn’t the most glamorous aspect of HR or workforce management. But it’s certainly among the most challenging. The legal and regulatory backdrop to leave management is complex, and it varies based on factors that range from where you do business to the size of your company. You feel as if the rules are ever-changing. It’s like doing business in an amusement park fun house; it’s a challenge to keep your footing, hard to know if what you’re seeing is real, and difficult to get a firm hold on the rail to help lead you through the maze.

But you need to stay up to date with recent developments in leave management and have a system in place to act on those changes if you want to reduce the risk of mistakes and lower the potential for penalties, fines, and litigation.

Here, for example, are the top 10 developments and trends in employee leave identified earlier this year by the Association of Corporate Counsel (ACC).

1. Proliferation of State and Local Paid Sick Leave Laws
The patchwork of state laws that require employers to offer paid sick leave continues to grow; Arizona was added this year and Washington will be added to the list in 2018. In addition, at least 33 counties and cities also require employers doing business within their boundaries to offer paid sick leave, or do so by the end of 2017.

2. New Paid Sick Leave Requirements for Federal Contractors
Effective Jan. 1, 2017, employers were required to offer paid sick leave to employees working on certain federal contracts. Determining which employees are covered, how to track sick leave accruals, and how to reconcile the rule with state and local paid sick leave laws will be a challenge for many federal contractors.

3. Continuing Efforts to Implement Paid Parental Leave
The State of New York last year said that in 2018, certain employers must offer up to 12 weeks of paid time annually for an employee to bond with a new child, care for a seriously ill family member, or address military family needs. San Francisco later became the first municipality with a similar ordinance. Three states, meanwhile provide workers with partial pay during parental leave.

4. EEOC’s Enforcement Focus on Inflexible Leave Policies
The Equal Employment Opportunity Commission’s five-year Strategic Enforcement Plan (SEP) for 2017–2021 reaffirmed the agency’s enforcement priority on compliance with the Americans with Disabilities Act (ADA). Almost one-third of EEOC’s lawsuits in 2016 included claims for disability discrimination, resulting in multimillion-dollar settlements in some cases, according to the ACC.

5. Litigation Trap Created by Intersection of FMLA and ADA
Much ADA litigation centers on the alleged failure of employers to consider leave as a reasonable accommodation under the ADA. According to the ACC, “employee handbooks that lack policies describing the accommodation process or that limit available medical leave to that afforded by the FMLA can raise red flags.”

6. EEOC’s Enforcement Focus on Accommodating Pregnant Employees
Federal agencies are more aggressively acting against employers they claim require pregnant employees to take leave when other accommodations might allow them to continue working. The ACC notes that the EEOC and Justice Department have particularly targeted policies that offer light-duty assignments to temporarily disabled employees but not to pregnant employees.

7. Rise of ADA Interference Litigation
The EEOC’s August 2016 Enforcement Guidance on Retaliation and Related Issues suggested the agency would more aggressively pursue claims for interference with ADA rights. Apparently, conduct that would not be “materially adverse” for retaliation purposes may still be actionable as interference; non-disabled individuals can invoke protection under the statute’s non-interference provision.

8. Efforts to Control FMLA Abuse
The ACC says a growing body of case law supports an employer’s right to discipline employees based on the employer’s “honest belief” after a “reasonable investigation” that an employee engaged in FMLA abuse or fraud. Questions remain around precisely what constitutes a reasonable investigation or what is a legitimate reason for FMLA leave.

9. Heightened Importance of Regular Policy Review
Considering trends 1 through 8 above, employers need to review their leave policies and procedures every year. In addition to achieving legal compliance, annual reviews should ensure consistency among policies governing leave, accommodation, paid time off, attendance, and disability.

10. Leave as Accommodation to Care for Disabled Family Members
In 2016, a California court ruled that an employer who denied a non-disabled employee’s request for leave to care for a disabled family member may have violated California law. The California Supreme Court refused to review the case, so the decision was binding. The ACC commented, “Importantly, a similar ADA provision prohibits discrimination based on an employee’s association with a disabled person.”

An automated, cloud-based leave management solution is the only way to keep up with trends and developments affecting employee leave and any employer’s responsibilities. LeaveXpert^® from Optis makes it easier than ever to find the right leave management system for your organization’s needs.

With three editions, LeaveXpert and its built-in FMLA software can help your company get a handle on leave management. Learn how with just a couple of clicks, you can have efficient absence management at your fingertips. Start managing your people data in the cloud today. Contact Optis now.

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ACC

Association of Corporate Counsel

Absence Management

Absence Management Software

Absence Management System

ADA

ADAA

American with Disabilities Act

Compliance

Disability

Disability Management

Employee Absence

Employee Leave

Employee Leave Management

Leave Management Cloud Software

Leave Management Software

Leave Management System

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Curbing Intermittent Leave Abuse to Reduce Costly Oversights

admin — Wed, 18 Jan 2017 16:42:35 +0000

Curbing Intermittent Leave Abuse to Reduce Costly Oversights

Mon, 01/18/2021 - 11:00

admin Wed, 01/18/2017 - 10:42

Sick days happen. And when they do, employees need to be able to have the time they need to care for their health. It is, of course, in your best interest and theirs to allow employees adequate time. You want to ensure that your employees are healthy, happy, and operating at full capacity for the benefit of your company. But you also need to comply with FMLA requirements.

However, when employees take leave in small chunks, these sick days can take a toll on your company. While leave is important and required by the FMLA, you need to be sure that your efficiency and bottom line don’t suffer.

Does your company have the right systems and policies in place to minimize the cost of intermittent leave? The Society for Human Resource Management suggests several ways to curb leave abuse and reduce costly oversight. But implementing these best practices is a lot easier and more likely to be successful when you have an online leave management system to help you. Here are five ways leave management software can help you reduce leave policy abuse:

Tracking intermittent leave

By accurately tracking your employees’ leave — logging the type of leave, reason, specific times, doctor’s notes, etc. — you can discover any patterns or suspicious behavior. For example, tracking might allow you to realize that a certain employee often takes leave on Fridays, leading you to speak with the employee and figure out why this is happening and if their reasons are legitimate. With an online leave management system, all requests will be automatically logged and available for easy access, so you can quickly review and compare.
Having written requests and responses

While FMLA guidelines allow for verbal leave requests, the best way to minimize confusion, miscommunication, and dishonesty is to ask employees to submit written requests and obtain written approvals. An automated system with an employee self-service portal makes it easy to complete written leave requests and responses online, capturing and storing all the details you need to make sure your employees and managers are on the same page.
Requiring and collecting medical certifications

One of the best ways to curb leave abuse is to require medical certifications. By asking doctors for detailed instructions for the employee’s duties and stop and start times, you will be able to determine eligibility and accurately plan for the employee’s time away. Rather than trying to organize all these medical certifications on your own, a leave management software system will effortlessly track and store the certification requirements and receipts in one place for your easy review.
Helping employees return to work successfully

The last thing you want is an employee returning to work before they’re ready, causing low productivity or extended leave time. The ability to track their return-to-work details with leave management software will allow you to set requirements for fitness-for-duty exams and manage accommodation requests. You’ll be able to know with confidence exactly when and in what capacity your employees will be returning to work.
Combining FMLA and short-term disability forms

Sometimes FMLA leave and short-term disability payments overlap, and when they do, combining the two forms can save time and money for you and your employee. Rather than having the physician fill out two forms and charge fees for both, provide a single form to increase efficiency. The right leave management system will also be able to integrate with short-term disability claims and keep all needed information relating to leave management readily available.

Disorganized, time-consuming leave management can be a liability for your company and a burden for you, but it doesn’t have to be. It’s time to consider an online leave management system to reduce leave abuse and minimize costs. Optis’ cloud-based leave management system, LeaveXpert®, will help you strengthen your leave management processes, so you can monitor employee leave with accuracy and efficiency.

It’s easier than ever to get a handle on leave management. In addition to the tips above, Optis LeaveXpert and its built-in FMLA software provide the ability to do custom reporting, manage workflow tasks, track employee demographic data, and more. With three different editions, LeaveXpert works to help organizations of all sizes see bottom-line business results through effective leave and absence management. Start your free 30-day trial today!

Categories

FMLA guidelines

LeaveXpert

Optis LeaveXpert

Leave Management System

Leave Management Cloud Software

FMLA

FMLA Requirements

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FMLA, EEOC, and the Vowel Song

Michelle Kern — Wed, 27 May 2015 14:48:52 +0000

FMLA, EEOC, and the Vowel Song

Wed, 05/27/2015 - 14:45

Michelle Kern Wed, 05/27/2015 - 09:48

*This week’s blog post is brought to you by [Jim Bryant](https://www.linkedin.com/pub/jim-bryant/8/454/893) and the letter Y.* ![jbryant.jpg](/sites/default/files/jbryant.jpg) I wonder if the farmer Old MacDonald would have a problem spelling FMLA and ADAAA? Would Mr. MacDonald, wonder what his first name really is, and after a hard day on the farm feeding the livestock and tilling the fields would he be able to research these two regulations on the internet and apply the rules to his farm employees? As we saw recently in the [GEICO commercial](https://www.youtube.com/watch?v=b9-hIxf-nXg) when Old MacDonald was asked to spell “cow,” he naturally reverted to some old habits when he added, ee i ee i o. Without any training, processes or systems support he could be the target of an EEOC investigation if he added these letters to FMLA or ADAAA. To make things even more difficult, Old also had relatives in Ohio and Missouri and when he asked them for advice they had a different interpretation of the spelling of FMLA and ADAAA as the version of the song in Ohio added these letters Ohio-i-o and in Missouri it was he-hi-he-hi-ho. After finding that the origins of the Old MacDonald Farm Game and Song had so many different versions, dating back to the 1700’s, I was surprised we still even see the song being used today. I wondered if other professionals are using similar inconsistent approaches to educate and inform individuals about the important facts on the intersection of FMLA and ADAAA. So just like Old MacDonald I returned to the web and after a quick search found a 2013 [article]( http://www.insidecounsel.com/2013/03/18/labor-a-tough-pill-to-swallowhas-the-ada-made-the) by Jon Hyman, a partner in the Labor & Employment and Litigation groups at Cleveland law firm [Kohrman Jackson & Krantz](http://www.insidecounsel.com/2013/03/18/labor-a-tough-pill-to-swallowhas-the-ada-made-the). Hyman had written an informational piece on whether the ADAAA has made FMLA irrelevant, and provided important facts that need to be reviewed by any employer. Hyman states that employers need to be practical and tread very lightly around these issues, and that the “EEOC is aggressively pursuing businesses that enforce leave of absence policies to the detriment of disabled employees by denying extended unpaid leaves.” His recommendation may not have helped Old MacDonald with the spelling problems he faced in the GEICO commercial when he was trying to spell “cow,” but if he had followed Hyman’s recommendations, remembering the AEIOU vowel song and applying it based upon Hyman’s recommendations below, he may have avoided a visit by the EEOC to his farm: 1. **A**void leave policies that provide a per se maximum amount of leave, after which time an employee loses his or her job. 2. **E**ngage in the interactive process with an employee who needs an extended leave of absence, which includes the gathering of sufficient medical information and a tentative return to work date documented by a medical professional. 3. **I**nvolve your employment counsel to aid in the process of deciding when an extended leave crosses the line from a reasonable accommodation to an undue hardship. 4. **O**pen your workplace to disabled employees to demonstrate to the EEOC, if necessary, that you take your ADAAA obligations seriously. 5. **U**npaid leaves and all associated costs (modified schedule, added overtime, temporary hires, lost productivity, etc.) should be documented to help make your undue hardship argument, if necessary. “A, E, I, O, U” can help you avoid the defense of a costly disability discrimination lawsuit. *For more information on how to efficiently and accurately track, manage and document the interactive process, download our latest e-book, [“Seven Steps to Safe Swimming in the Dangerous Waters of ADA Accommodation Compliance,”](http://www.optis.com/thought-leadership-download?nid=335) or try our free 30 day trial of [ADAInteract](http://www.optis.com/adainteract).*

Categories

FMLA

ADA

EEOC

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7 Steps to Keep in Mind When Managing Employee Accommodations

Michelle Kern — Tue, 19 May 2015 15:47:56 +0000

7 Steps to Keep in Mind When Managing Employee Accommodations

Tue, 05/19/2015 - 15:15

Michelle Kern Tue, 05/19/2015 - 10:47

Check out our latest [video](https://voice.adobe.com/a/Wrv3d) for seven quick tips on managing employee accommodations under the ADA/ADAAA. *Watch the video [here](https://voice.adobe.com/a/Wrv3d).* ![ADA_video_image.png](/sites/default/files/ADA_video_image.png) For more information on how to efficiently and accurately track, manage and document the interactive process, download our newest e-book, [“Seven Steps to Safe Swimming in the Dangerous Waters of ADA Accommodation Compliance,”](http://www.optis.com/thought-leadership-download?nid=335) or try our free 30 day trial of [ADAInteract](http://www.optis.com/adainteract).

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5 Reasons to Sign-up for LeaveXpert Explore

Michelle Kern — Wed, 13 May 2015 15:15:32 +0000

5 Reasons to Sign-up for LeaveXpert Explore

Wed, 05/13/2015 - 15:00

Michelle Kern Wed, 05/13/2015 - 10:15

If you track FMLA leave, you have probably experienced a snag in the process or headache somewhere along the line. Good news! There are tools available to help you track FMLA, state, military leave, and employee accommodations. We have 5 spots available for [LeaveXpert Explore](http://optis.com/sign-up-for-leavexpert-explore), an open demo of LeaveXpert, tomorrow, May 14 at 1 pm EST. [Sign up here](http://optis.com/sign-up-for-leavexpert-explore) and we’ll send you the conference call information. Here are a few facts about the FMLA and how LeaveXpert can help: 1. HR Managers are required to maintain all leave documentation and case history to be compliant. Ensure you have a centralized location that keeps all documentation organized. 2. An employer has the right to request a medical certification for an employee absence. Implement a seamless method of communication with your employees. 3. 12 month FMLA calculations can be counted in a variety of ways, but must be applied consistently across all employees: Calendar year, rolling 12 month period, a fixed 12 month period, or the 12 month period when an employee first takes leave. 4. Employees qualify for FMLA leave if they have worked for you any accumulation of 12 months in the last seven years. (Time prior to the last seven years also counts if either USERRA or other written agreements apply indicating the employer’s intent to rehire.) Or, if they have worked 1,250 hours in the last 12 months. The good news is, you don't have to do all of this math in your head. A system can calculate the hours worked for you. 5. If your employee is located in Texas, Arkansas, Louisiana or Nebraska, the definition of spouse is applied differently than the rest of the states. Read more about that [here](http://optis.com/blog/followup-recent-updates-fmla-legislation). Keeping up with current FMLA regulations can be a full time job. Implement a process where you receive automatic updates for any legislative changes. ![leavexpert_0.jpg](/sites/default/files/leavexpert_0.jpg)

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FMLA

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Optis Featured in DMEC’s @Work Magazine: Who Owns Your Data?

Michelle Kern — Wed, 06 May 2015 16:30:38 +0000

Optis Featured in DMEC’s @Work Magazine: Who Owns Your Data?

Wed, 05/06/2015 - 16:30

Michelle Kern Wed, 05/06/2015 - 11:30

Discover the five steps to successful data and vendor management from Optis’ Executive VP, [Rene Gates](https://www.linkedin.com/pub/rene-gates/6/a03/6b9), in the [latest issue](https://dmec.secure.force.com/?RelayState=Default) of [DMEC’s @Work magazine](https://dmec.secure.force.com/?RelayState=Default) (members-only content.) ![dmecmaycover.jpg](/sites/default/files/dmecmaycover.jpg)

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DMEC

FMLA

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7 Steps to ADA Accommodations Compliance

Michelle Kern — Tue, 05 May 2015 21:01:02 +0000

7 Steps to ADA Accommodations Compliance

Thu, 05/07/2015 - 11:30

Michelle Kern Tue, 05/05/2015 - 16:01

Although it’s been nearly four years since the EEOC issued long-awaited final regulations interpreting the ADA Amendments Act of 2008, compliance remains a huge challenge, and the risks of noncompliance can be costly. Keeping up with changes to — and interpretations of — the ADA/ADAAA can be a full-time job. And it’s not a job that is necessarily in HR’s wheelhouse. Download our newest e-book, [“Seven Steps to Safe Swimming in the Dangerous Waters of ADA Accommodation Compliance,”](http://www.optis.com/thought-leadership-download?nid=335) and learn how to more efficiently and accurately track, manage, and document your accommodation process. Download the [e-book](http://www.optis.com/thought-leadership-download?nid=335) to mitigate compliance risk and eliminate employee grievances. ![ADAebook.jpg](/sites/default/files/ADAebook.jpg)

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ADA

FMLA

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5 Best Practices to Keep in Mind When Managing Employee Accommodations

Michelle Kern — Tue, 28 Apr 2015 20:54:14 +0000

5 Best Practices to Keep in Mind When Managing Employee Accommodations

Wed, 04/29/2015 - 12:30

Michelle Kern Tue, 04/28/2015 - 15:54

Last week, Optis attended [DMEC’s FMLA/ADAAA Employer Compliance Conference](http://dmec.org/compliance-conference/). After hearing several sessions regarding the ever-changing employment law landscape and compliance challenges, we thought it’d be beneficial to recap the best practices in managing ADA/ADAAA employee accommodations: 1. *Always engage in the interactive process* Have open and transparent communication with your employees if they bring up a medical condition. Ensure your managers and HR team is trained and can identify an accommodation request even if they don’t use the ADA verbiage. Also, take the opportunity to engage in the interactive process after an employee returns from a leave of absence to see if they need an accommodation. 2. *Do your due diligence* Although a particular accommodation request may sound unusual, it’s important that you do your due diligence and investigate the request. Document all of your findings. 3. *Stay updated on legislative changes* Ensure you have a solid process in place to stay up to date on legislative changes and EEOC enforcement guidance. One of our favorite resources for the latest news is Eric Meyer’s [The Employer Handbook blog](http://www.theemployerhandbook.com/). 4. *Keep the potential of an audit at the forefront of your mind* Have a [centralized system](http://www.optis.com/adainteract) in place for any audits that may arise. Ensure that all documentation is organized and all communication regarding an accommodation is ready at a moment’s notice. Conduct a self-audit to test your policies and documentation, if needed. 5. *Ensure your processes include the interplay between FMLA and ADA* Don’t manage FMLA & ADA in a vacuum, separate from one another. Even if you outsource your FMLA administration, your organization is still on the hook for managing ADA accommodations. ![adainteract-logo.png](/sites/default/files/adainteract-logo.png) *Need assistance in managing FMLA leave or employee accommodations? Mark your calendar for LeaveXpert and ADAInteract Explore at 1pm EST on May 14. Sign up [here](http://optis.com/sign-up-for-leavexpert-explore) or [contact us](http://optis.com/contact) for a one-on-one demo.*

Categories

ADA

ADAAA

employee accommodations

FMLA

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Follow-Up To Recent Updates in FMLA Legislation

Michelle Kern — Wed, 15 Apr 2015 15:44:06 +0000

Follow-Up To Recent Updates in FMLA Legislation

Wed, 04/15/2015 - 15:30

Michelle Kern Wed, 04/15/2015 - 10:44

*This update is provided to you by Optis’ Business Development Analyst, [David Spring](https://www.linkedin.com/in/davidspringoptis).* ![DSpring.jpg](/sites/default/files/DSpring.jpg) Last week, we addressed the DOL not enforcing the [Final Rule](http://www.dol.gov/whd/fmla/spouse/) that was issued in February of this year in four states - Texas, Arkansas, Louisiana and Nebraska. The Final Rule aimed to increase the consistency across the United States in how the FMLA is provided to same-sex spouses. So, if you were legally married, based on the state of celebration, you’d be entitled to take FMLA protected time for your spouse, no matter which state you lived in and whether or not the state recognized same-sex marriage. On Friday, April 10, U.S. District Judge Reed O’Connor did not lift his injunction, as requested by the DOL, and which was issued in March. Consequently, this decision by Judge O’Connor eliminates, or at least postpones, required enforcement of the Final Rule in the four states bringing suit against the expanded definition of spouse. Organizations in these four states can continue to not provide the FMLA entitlement to same sex couples, without the concern of violation. Clearly, this is not the end of the story. Multiple cases are to be heard by the [Supreme Court](http://www.scotusblog.com/case-files/terms/ot2014/) this year regarding same sex marriage. These cases focus on whether the Fourteenth Amendment requires states to license same sex marriages in the same way they license other marriages. Secondly, also at issue is whether the Fourteenth Amendment requires states to recognize same sex marriages considered legal in other states. We’ll keep our ear to the ground and let you know of any updates as they become available. *Need help keeping all of the state leave laws organized and up to date? Mark your calendar for [LeaveXpert Explore](http://optis.com/sign-up-for-leavexpert-explore?utm_source=Internet&utm_medium=Link%20in%20Optis%20Blog&utm_content=Link%20to%20sign%20up%20for%20LX%20Explore&utm_campaign=LeaveXpert%20Explore%20-%20May%2014), a 30 minute open demo of LeaveXpert on May 14 at 1 pm EST. Sign up [here](http://optis.com/sign-up-for-leavexpert-explore?utm_source=Internet&utm_medium=Link%20in%20Optis%20Blog&utm_content=Link%20to%20sign%20up%20for%20LX%20Explore&utm_campaign=LeaveXpert%20Explore%20-%20May%2014) and we'll send you the conference call information.*

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FMLA

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Recent Updates in FMLA Legislation

Michelle Kern — Fri, 10 Apr 2015 14:14:53 +0000

Recent Updates in FMLA Legislation

Fri, 04/10/2015 - 14:00

Michelle Kern Fri, 04/10/2015 - 09:14

*This week’s blog post is brought to you by Optis’ Business Development Analyst, [David Spring](https://www.linkedin.com/in/davidspringoptis).* ![DSpring.jpg](/sites/default/files/DSpring.jpg) If you manage FMLA leave, you’ve most likely heard the recent news that the Department of Labor's (DOL) Final Rule on the definition of spouse has been temporarily stayed in four states. The [final rule](http://www.dol.gov/whd/fmla/spouse/) was issued February 25, 2015 by the DOL and aimed to increase the consistency across the United States in how the FMLA is provided to same-sex spouses. So, if you’re legally married, based on the state of celebration, you’d be entitled to take FMLA protected time for your spouse. That means same-sex couples married in California would receive the same FMLA spousal benefits even if they move to Georgia, which has a ban on same-sex marriage. Why? Because the state of celebration is California. This final rule aimed to change the previous state of residence rule, which required employees live in a state recognizing same-sex marriage to receive the protected leave entitlement. Under that rule, a couple moving to Georgia would have “moved away” from the spousal FMLA benefits they were entitled to, having tied the knot in California. **But keep reading...** Back to our point earlier, as of April 8, 2015, the [DOL](http://www.dol.gov/whd/fmla/20150331RequestForHearing.pdf) will not be taking action to enforce the Final Rule in Texas, Arkansas, Louisiana and Nebraska. The DOL is recognizing a preliminary injunction issued by the United States Court for the Northern District of Texas, Wichita Falls Division. The injunction was issued on behalf of these states, which argue that enforcement of the Final rule would be contradictory with existing state laws defining marriage. A hearing is scheduled for Monday, April 13 in order to resolve, but until that time providing same-sex spousal FMLA leave to employees in those states is not protected or required. **Here’s what didn’t change -** Documentation requirements associated with confirming family relationships did not change with the final rule issued on February 25, 2015. Existing regulations associated with [Sec. 825.122 (k)](http://www.gpo.gov/fdsys/pkg/CFR-2011-title29-vol3/pdf/CFR-2011-title29-vol3-sec825-122.pdf) will remain in effect. What this means is that the same regulations guiding employers to confirm any type of FMLA-related leave family relationship are the same. So, confirming a child is not different than confirming a same-sex marriage. These regulations allow employers to require employees to provide “reasonable documentation or a statement of family relationship.” So, whether an employee provides a birth certificate for a new child or a marriage certificate for a same-sex marriage, it is at the employee’s discretion; the employer must accept verbal confirmation as well as proof of the family relationship. If you need additional guidance on tracking absence, don’t miss the Optis-sponsored Blogging4Jobs [podcast](http://www.blogging4jobs.com/podcast/fmla-ada-workers-compensation/#xtIHzdDUgE0jHVWB.97) which answers a wide variety of commonly asked questions having to do with FMLA, workers’ comp and disability.

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FMLA

Human Resources

DOL

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