Leave Management

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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Get the Latest News in Employee Absence & People Data Management

Michelle Kern — Wed, 22 Jul 2015 21:11:03 +0000

Get the Latest News in Employee Absence & People Data Management

Wed, 07/22/2015 - 20:15

Michelle Kern Wed, 07/22/2015 - 16:11

The summer edition of the [Optis Insight](http://www.optis.com/resources/newsletter) newsletter is out! Get the full scoop on what's happening at Optis and in leave and absence management. Inside you'll find details on: • Best practices in employee accommodation management • New leave laws effective this month • Optis' latest solution, Claim View ![optisinsightsummeredition](/sites/default/files/optisinsightsummeredition.jpg)

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Leave Management

Human Resources

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Revitalizing Leave Management During Flu Season

Michelle Kern — Thu, 15 Jan 2015 15:28:32 +0000

Revitalizing Leave Management During Flu Season

Thu, 01/15/2015 - 15:15

Michelle Kern Thu, 01/15/2015 - 09:28

*This week’s post is brought to you by [David Spring]( https://www.linkedin.com/in/davidspringoptis), Optis’ Business Analyst.* ![DSpring.jpg](/sites/default/files/DSpring.jpg) On Monday, January 12, 2015, a male patient, with a fever, was transported to [Denver Health](http://www.denverhealth.org/) from the city of Arvada, CO. Why? This man had recently been in an Ebola-infected country and required testing to confirm the absence of Ebola. According to Dr. Connie Price, Chief of Infectious Diseases at Denver Health, "Medical experts have to be astute in order to identify such an individual, but would likely have to just manage one patient at a time." Identifying individuals such as this man is important and requires scrutiny; working with employees who may get sick during the winter months is an entirely different effort and unless handled properly can lead to negative workplace results. What are the chances an employee will come to work sick? According to the [2014 Fifth Annual Flu Survey]( http://investor.staples.com/phoenix.zhtml?c=96244&p=irol-newsArticle&ID=1977806) from Staples, 60 percent of employees will come to work sick. This number has fluctuated significantly during the years of the report but is a positive drop from the 90 percent of employees in 2013. But still, employers must take notice, if they haven’t already, regarding ill employees coming to work. Despite wellbeing efforts to minimize contagion in the office, illness and disease can be transmitted easily. This time of year in particular demands proactive efforts by employers, since we are in the midst of the influenza season and right around the corner from peak flu activity. According to the [CDC](http://www.cdc.gov/flu/about/season/flu-season.htm) February is the peak month of flu activity. Does your team have the processes in place to manage a spike in employee leave? As the following chart displays, February has been the peak month for flu in the United States for 14 seasons as measured over the thirty-two years from the 1982-83 to 2013-2014 flu seasons. ![FluActivity.jpg](/sites/default/files/FluActivity.jpg) In addition, employers must be prepared for the potential of virus outbreaks, such as has occurred with Ebola in Africa. As the situation from Denver indicates, employers need to be ready to triage, one employee at a time, employees who potentially have Ebola or some other similar virus. Not convinced? The following section from [OSHA](https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_id=3359&p_table=oshact) should serve as a cautious reminder to take seriously and be prepared for potential situations even if they don’t elevate to the level of an epidemic in your work location but do elsewhere. ![OSHA.jpg](/sites/default/files/OSHA.jpg) Viruses such as Ebola would be considered a recognized hazard. For employers to successfully maintain a place of employment ‘free from recognized hazards’ means providing a place of employment that does not have an employee with a virus such as Ebola. Yes, it is a potential OSHA violation if you have an unmonitored, Ebola-sickened employee at your place of employment, working unfettered and roaming freely throughout the workplace. Even though the likelihood is small that an Ebola-infected employee walks into your work location, you are required to provide a hazard-free environment. Even though peak flu season is right around the corner, you’re not likely to prevent the 60% of employees who are ill, with flu or something else, from coming to work sick. But, what can you do? If you think you’ve done all you can to encourage and provide a healthy workplace, it’s time to take an imaginative step and provide an alternative work environment, not just when employees are sick, that will increase the chances of promoting a healthier workforce and workplace. It’s time to be creative and offer your employees the chance to work remotely. You might be thinking, "No way! Besides, didn’t Marissa Mayer’s actions at Yahoo suggest that working virtually isn’t productive?" The actions at Yahoo were individual and corrective and shouldn’t necessarily be considered a disruption to the trend of establishing alternative environments for work. A remote/virtual environment would be beneficial on several accounts. First, it’s likely the number of employees coming to work sick would be reduced, knowing they can work from home. The motivations for coming to the traditional workplace sick (loss of PTO, falling behind, etc.) would be diminished while the chances for a healthier workplace would be increased. Furthermore, providing a remote/virtual workplace will have additional positive impacts; unscheduled absences, another negative workplace result, will shrink. According to the [American Management Association]( http://www.amanet.org/), organizations that implemented a remote work program realized a 63 percent reduction in unscheduled absences. If a healthier, more productive workplace is the result, aren’t virtual workplaces worth a consideration? Interestingly, according to [SHRM](http://www.shrm.org/pages/default.aspx), 66 percent of multinational organizations utilize virtual teams compared to only 28 percent of U.S.-based organizations. Not all companies will have the right mold to offer a virtual work environment. Different employers are in different industries, have different characteristics and work structures and are more suited to offer a remote work environment. But, if you are looking for an imaginative alternative to ‘hosting’ sick workers and want to increase your chances of not having a hazardous workplace, consider offering a virtual workplace. It’s quite likely you’ll have a healthier, more productive workforce.

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FMLA

Leave Management

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Managing FMLA and Employee Leave in California? Here’s What You Need to Know

Michelle Kern — Tue, 18 Nov 2014 22:36:34 +0000

Managing FMLA and Employee Leave in California? Here’s What You Need to Know

Wed, 11/19/2014 - 13:30

Michelle Kern Tue, 11/18/2014 - 16:36

![OPT-14012-LOL-SC-California.gif](/sites/default/files/OPT-14012-LOL-SC-California.gif) Take a look at the diverse landscape of less-noticed leave with our new [eBook](http://optis.com/thought-leadership-download?nid=279), or start a free trial of [LeaveXpert](https://www.leavexpert.com/) today.

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FMLA

Leave Management

Human Resources

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Managing Leave in Connecticut? Here's What You Need to Know

Michelle Kern — Tue, 14 Oct 2014 16:34:24 +0000

Managing Leave in Connecticut? Here's What You Need to Know

Tue, 10/14/2014 - 16:30

Michelle Kern Tue, 10/14/2014 - 11:34

![OPT-14012-LOL-SC-Connecticut](/sites/default/files/OPT-14012-LOL-SC-Connecticut.gif) Take a look at the diverse landscape of less-noticed leave with our new [eBook](http://optis.com/thought-leadership-download?nid=279), or start a free trial of [LeaveXpert](https://www.leavexpert.com/) today.

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Is Collaboration Overrated?

Michelle Kern — Wed, 17 Sep 2014 15:08:51 +0000

Is Collaboration Overrated?

Wed, 06/17/2020 - 15:00

Michelle Kern Wed, 09/17/2014 - 10:08

This week’s post is brought to you by [Jim Bryant](https://www.linkedin.com/pub/jim-bryant/8/454/893). Collaboration is used extensively today in both the private and public sectors, with considerable focus on the lack of collaboration and the impact on many aspects of our family and work environments. As a matter of fact, the term “collaborator” used to have a negative meaning when used in wartime to describe actions of someone who is working against your goals with your adversary. Is “collaboration” just another term we are using to describe what one would expect to receive from a stakeholder involved in absence management? Do we really know who is invested in the results being achieved using the solutions that are associated with the many aspects of this industry? Really think about it. Anyone who has a long tenure in the absence management industry is required to speak the languages of Information Technology, Legal, Risk Management, Human Resources Systems, Finance, Employee Relations, Employee Benefits, Training and Operations. Looking back I can actually say I have seen all these groups collaborate, and believe it or not, it was on…absence management. With multiple conferences, industry groups, articles, blogs, studies and even products focused on absence management integration or coordination and analysis of data associated with why employees are not at work, one would think we would be further along the curve to solving these problems – + Why aren’t my employees at work? + If my employees are at work, are they engaged and performing at a level that will deliver the financial results the employer has forecasted? Anyone who has been in this industry long enough has been at a conference table and saw the look in their customers eyes when they say, “I need your help. I’m being asked questions that require data that I don’t have, or if I do have it, I can’t interpret it in a way that we can use to make business decisions.” I think we all agree that compliance with the complex regulations for Federal and State leave laws are important to an organization. Failure to meet these requirements could impose considerable financial risk on an organization. However, you can mitigate these risks with training, technology and analysis to ensure improvement. When you add in the coordination of claims for workers’ compensation and disability with leave laws, and then add an additional topping for the ADAAA, many employers just throw up their hands and outsource to one of several groups who are willing to take on the employer responsibilities in these critical areas of productivity. As you would expect, there are many organizations that have been providing outsourced leave administration for years. There are others who have either been consolidated into competitor organizations or have exited the industry, leaving employers to ask the question, "Is it better to continue to outsource or use software and utilize the existing benefits team to administer leave? You may be wondering where I’m going with this discussion…The point is often times it doesn’t really matter who is providing the administration of employee absence. What matters is selecting the right tool for your organization, training your staff and reviewing the processes to ensure continuous improvement. The important part to remember is that absence data and mastering the management of that data will always be the responsibility of the employer. We also know once you own something it also becomes your responsibility to translate and distribute that data so that everyone in your organization becomes a collaborator for a successful absence management program.

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Leave Management

Absence Management

Data Management

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Two Items for Your To Do List for the New Year: Leave Updates Effective January 1, 2014

Stacey McBride — Wed, 11 Dec 2013 18:24:21 +0000

Two Items for Your To Do List for the New Year: Leave Updates Effective January 1, 2014

Wed, 12/11/2013 - 18:15

Stacey McBride Wed, 12/11/2013 - 12:24

We’re about 3 weeks away from the New Year. *(Yes, 3 weeks!)* Looking forward to the year ahead there are two important leave updates for human resources to have on their radar. Here’s a quick rundown – **Portland, Oregon Paid Sick Leave** **Effective Date: January 1, 2014** All private sector employers with employees working in Portland will have to provide sick leave for eligible employees. + Employers with 6 employees or more have to provide employees with one hour of paid sick leave for every 30 hours of work performed by the employee + Employers who have less than 6 employees have to provide one hour of unpaid sick leave for every 30 hours of work performed by the employee + Employees can only accrue up to 40 hours/year Accruals start on January 1, 2014 for current employees. For new hires after 1/1/2014, sick leave time accruals will begin on their date of hire. New hires are eligible once they have worked 240 hours and have been employed for at least 90 days. Mondaq has a good list of FAQs [here](http://www.mondaq.com/unitedstates/x/271834/employee+rights+labour+relations/Final+Regulations+Clarify+and+Expand+Portland+Sick+Leave+Law+Requirements). **California Emergency Responder Leave** **Effective Date: January 1, 2014** California’s Emergency Responder Leave is expands on January 1 to provide job protected leave to reserve peace officers, emergency rescue personnel and voluntary firefighters to attend emergency workers’ training for 14 days per calendar year. The previous leave protected volunteer fire fighters only. + This applies to employers with at least 50 employees **Action Items & Next Steps for HR** 1. Update leave policies, documentation and processes 2. Notify and train management on these updates 3. Make sure employees are in the loop ![LeaveXpert](/sites/default/files/leavexpert_0.jpg) *Feeling overwhelmed? Sign up for a free trial of [LeaveXpert](https://www.leavexpert.com/) and start managing employee absence today.*

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FMLA

Leave Management

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Holiday Week Headache: Absence

Stacey McBride — Wed, 03 Jul 2013 20:10:58 +0000

Holiday Week Headache: Absence

Wed, 07/03/2013 - 18:45

Stacey McBride Wed, 07/03/2013 - 15:10

Managing absence is definitely one of the most challenging aspects of HR. But nothing leaves you banging your head against the wall like a holiday week. If you don’t have a cloud-based leave management system to get a handle on unscheduled absence and deduct the appropriate holiday hours for employees already on leave, it won’t be the fireworks or 4th of July celebration that causes your head pain. In a [previous series](http://optis.com/blog/intermittent-fmla-tips-stop-banging-your-head-against-wall), we outlined a number of tips to follow to keep you from banging your head against the wall as result of managing leaves in your organization. (Read [Part 1](http://optis.com/blog/intermittent-fmla-tips-stop-banging-your-head-against-wall), [Part 2](http://optis.com/blog/intermittent-fmla-tips-stop-banging-your-head-against-wall-part-2) and [Part 3](http://optis.com/blog/intermittent-fmla-tips-stop-banging-your-head-against-wall-part-3).) We can assure you that those tips are most beneficial during weeks like this, when a federal holiday falls smack in the middle of the week. For your reference, the official ruling on a holiday week from the Department of Labor is, *"When a holiday falls during a week in which an employee is taking the full week of FMLA leave, the entire week is counted as FMLA leave. However, when a holiday falls during a week when an employee is taking less than the full week of FMLA leave, the holiday is not counted as FMLA leave, unless the employee was scheduled and expected to work on the holiday and used FMLA leave for that day."* As a reminder, a few good tips to follow when managing FMLA are: 1: Excellent Tracking 2: Certification, Certification, Certification 3: Be Suspicious 4: Determine the Best Eligibility Method & Publicize It This week, it’s especially important to follow these tips closely (especially #3). However, it can be hard to verify certifications, track closely to deduct the appropriate hours based on the DOL's statement, and even be alerted to the cases that you should be suspicious of – on top of everything else you have to do. Unless, of course, you have all the data in one place along with FMLA tracking capabilities. With a cloud-based FMLA and leave management system, you’ll be able to get alerts on expiring certifications, track the days, hours and minutes that employees out on continuous leave or intermittent leave are using, and even identify trends that will help you begin to see patterns in your employees, cases, or your entire program. Does such a system exist? It sure does. You can test drive our own FMLA and leave management system, [LeaveXpert](http://optis.com/leavexpert/learning-center), for FREE for 30 days by signing up for a trial [here](https://www.leavexpert.com). You’ll gain immediate access to greater insights on your leave program and start getting a handle on leave today. The best part, being that it’s all in the cloud, you can work on it anytime, anywhere – even on Friday … poolside. Happy 4th of July, HR! Enjoy the fireworks and have a safe and happy holiday!

Categories

FMLA

Leave Management

Absence

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Top 10 Reasons to Track FMLA in the Cloud

Stacey McBride — Wed, 26 Jun 2013 15:33:24 +0000

Top 10 Reasons to Track FMLA in the Cloud

Wed, 06/26/2013 - 15:30

Stacey McBride Wed, 06/26/2013 - 10:33

10. [#Saynotospreadsheets](https://twitter.com/search?q=%23saynotospreadsheets&src=typd) and wave goodbye to sticky notes. 9. Gain insight into absence trends. 8. Manage accommodation requests & approvals. 7. Track eligibility and certification documentation online instead of in paper files. 6. Keep your data secure in the cloud instead of in a dusty file cabinet. 5. Show your manager and team you’re an HR Rock Star! Try before you buy and see which product edition works best for you. 4. Track leave remotely; login anywhere that has an internet connection. 3. Seamlessly transfer absence cases from one leave manager to another; balance case loads and necessary changes within the HR Team. 2. Start tracking FMLA events *today* without a lengthy software implementation – no data feed setup required! 1. Make life easier! Improve efficiency and get a handle on employee leave. *Have you tried our 30 day LeaveXpert trial? Start tracking FMLA in the cloud today by signing up at [leavexpert.com](https://www.leavexpert.com/).* ![HRRockstar](/sites/default/files/HRrockstar.jpg)

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SHRM 2013 Recap: First Stop on the Optis Illumination Tour

Stacey McBride — Thu, 20 Jun 2013 20:51:40 +0000

SHRM 2013 Recap: First Stop on the Optis Illumination Tour

Thu, 06/20/2013 - 20:15

Stacey McBride Thu, 06/20/2013 - 15:51

We just got back from [#SHRM13](https://twitter.com/search?q=%23SHRM13&src=typd) in Chicago! What an event! There were over 78 countries represented, nearly 20,000 attendees and 700 exhibitors! Between networking events, sessions and a very busy exhibit booth, we have to say it was one of the best SHRM events yet! In addition, [#SHRM13](https://twitter.com/search?q=%23SHRM13&src=typd) was where we unveiled our newest editions of [LeaveXpert!](http://optis.com/leavexpert) We are thrilled with the response so far and are excited to see what our newest [trial users](https://www.leavexpert.com/) and customers think of the upgrades. For those of you that missed the announcement, here’s a [copy of the press release](http://optis.com/about-us/news/optis-releases-next-evolution-leave-software-offers-free-trial). Also, did you know that absence costs U.S. employers approximately $100 billion annually? It’s true. And organizations simply can’t afford to not have a handle on leave in today’s workplace. With our new version of LeaveXpert, we’re filling the void in the absence management industry with a ***true cloud-based, immediate-access leave management software solution.*** We’re so excited to keep spreading the word about our upgraded LeaveXpert … [#SHRM13](https://twitter.com/search?q=%23SHRM13&src=typd) was just the beginning. [#SHRM13](https://twitter.com/search?q=%23SHRM13&src=typd) was the first stop on our Optis Illumination Tour and we’ll be visiting the industry’s biggest events and discussing the factors that help companies get a handle on leave for the rest of the year! (Look for us at [#DMEC2013](https://twitter.com/search/?q=%23DMEC2013) and [#HRTech](https://twitter.com/search?q=%23HRTech&src=typd).) We will be showcasing LeaveXpert with three new product editions, Essential, Plus and Unlimited, that can help organizations of all sizes see bottom-line business results through effective leave and absence management. Businesses can avoid the disruptions that absence causes by illuminating their leave data - from understanding the leave usage in their companies to seeing the direct and indirect costs of absence. Our new LeaveXpert is: + A truly cloud-based leave management software solution + Built for organizations of all sizes + A system that provides data and greater insight into leave events + Capable of quick implementation, providing immediate access to leave data Need proof? A [30-day free trial](https://www.leavexpert.com/) is available to see how LeaveXpert can work for your organization. Sign up today! And thanks to everyone who stopped by during [#SHRM13](https://twitter.com/search?q=%23SHRM13&src=typd)! See you in Orlando at [#SHRM14](https://twitter.com/search?q=%23SHRM14&src=typd)!

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SHRM13

Leave Management

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