Leave Management Software

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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Transitioning from Manual FMLA Tracking to a Cloud Solution: Part II

Stacey McBride — Wed, 25 Sep 2013 21:54:04 +0000

Transitioning from Manual FMLA Tracking to a Cloud Solution: Part II

Wed, 09/25/2013 - 21:45

Stacey McBride Wed, 09/25/2013 - 16:54

*Two weeks ago, we discussed the [first two steps of transitioning from manual FMLA tracking to a cloud solution](http://optis.com/blog/transitioning-manual-fmla-tracking-cloud-solution-part-i). This week, we’re exploring Step 3.* **Step 3: Investigate the options** Bad habits are hard to break. But, as the saying goes, “The definition of crazy is doing the same thing over and over and expecting different results.” Sure, it may be hard to let go of your paper-based FMLA tracking process because of the familiarity, the consistency, your habit – call it what you will. But, if you’ve recognized the [problems of your existing processes and are committed to change](http://optis.com/blog/transitioning-manual-fmla-tracking-cloud-solution-part-i), then it’s time to stop doing the same thing over and over and move to the cloud. But, where to start? *Investigate the options.* The options available when purchasing cloud-software can only be understood if they are explored systematically. And, more than likely, your organization may very well require you to document your investigative efforts. Be thorough and follow these three tasks; do your homework, conduct vendor conversations, and experiment with free trials. 1. **Do your homework.** Surf the internet and see what’s out there. Start with a simple internet search such as **leave management software** or **absence management software**. But don’t stop there. Take advantage of the suggestions provided by your search engine, and consider other ways to phrase what you’re looking for. Also, use social media sites and blogs – which hold a plethora of information. For example, by following hashtags on Twitter, you can get updates from HR technology vendors, find product reviews from HR bloggers, and get to know top influencers who can point you in the right direction. Our favorite hashtags are [#HRTech](https://twitter.com/search?q=%23HRTEch&src=typd), [#HRTechConf](https://twitter.com/search?q=%23HRTEchConf&src=typd) and the new [#HRISchat](https://twitter.com/search?q=%23HRISchat&src=typd). You can also seek out (or start) discussions in your LinkedIn Groups, visit forums and follow the comments, or participate in an online class or webinar. 2. **Vendor conversations** are critical when investigating possible cloud solutions if you have several custom needs. When having these conversations you should focus on sharing the problems you are currently experiencing. Unfortunately, these conversations can become sidetracked if you focus too heavily on the bells and whistles rather than functions that alleviate your problems. What happens? You may find a solution that seemingly ‘does it all’ but then you realize, while the snazzy features are nice, they don’t really solve your organization’s leave management issues. So, take the approach that you would when ordering wine at an expensive restaurant. You know you want wine with your meal, but you ask the waiter which wine goes best with your meal to have the best dining experience. 3. Lastly, and most importantly, **experiment with the software** you want to purchase by taking advantage of a free trial experience. A free trial is play time that lets you pound the tires and gives you the opportunity of experiencing the thrill of the cloud solution meeting your needs and solving your manual FMLA tracking problems. Usually a trial will provide a 30-60 day window to work in the system real-time, which means you have the opportunity to track existing FMLA absences for a period of time or from beginning to end. For example, test how the solution tracks intermittent time over multiple weeks for different serious health conditions. In a good system, you’ll start to see how your current headache from tracking this type of FMLA time will be relieved. Like a good pain reliever (or a glass of wine), you’ll forget you even had a headache as you move throughout your day more productively and happily.

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Leave Management Software

Cloud Solution

FMLA Tracking

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Three Ways to Manage Absenteeism Smarter, Not Harder

Stacey McBride — Wed, 18 Sep 2013 20:44:10 +0000

Three Ways to Manage Absenteeism Smarter, Not Harder

Wed, 09/18/2013 - 20:45

Stacey McBride Wed, 09/18/2013 - 15:44

We all want to work smarter, not harder. (Such a catchy little phrase.) The problem that most of us face when inspired by this phrase is how to get started. What exactly can we do ‘smarter’ or more efficiently? How can we accomplish all there is to be done, without additional hard work? When managing workplace absenteeism, the conundrum is no different. Leaves are requested, notifications need to be sent, certifications need to be received, time needs to be tracked, and leave laws need to be followed. It seems as though there is hardly enough time to accomplish all that needs to be done, let alone changing the process. How can we even begin to be more efficient and break the cycle of burdensome work? Cloud-software. With a cloud-based leave management software, you can gain immediate access to a better process. Without a long software implementation (that all the other leave management systems require) cloud-based solutions provide a time-saving, simpler process immediately. You’ll be working smarter, not harder, within minutes of signing up by gaining: + Automated Task Management – Within a proper leave management system, tasks associated with employee absenteeism, such as sending an initial notice or following up with a doctor, are prioritized and organized by due date. Having an organized, prioritized list of tasks is the first step to working smart. + Correspondence Templates – Why reinvent the wheel? Every time you need to send a communication to an employee, supervisor, or another individual associated with a leave, you shouldn’t start from scratch. Instead, a good leave management system will have a library of templates that can be auto-populated to streamline your communication process. Additionally, they can be saved within a leave for future reference. Using a quality, repeatable process makes the hard work a little easier. + Centralized Information Hub – While a prioritized list and quality processes will definitely set you on the right path, the most important step is to keep information you need to know at your fingertips. Shuffling through employee files, looking up leave laws, or checking various systems for payroll information wastes time, adds stress, and is prone to error. The best leave management system, will integrate all of your employee information as well as provide the Federal and State leave laws that need to be considered when managing absenteeism. Keeping all of your information in one place will ensure you’re the most efficient (smarter) and reduce your administrative burden (not harder). Ready to jump on the working smarter, not harder band-wagon? Sign up for our [LeaveXpert trial](https://www.leavexpert.com/) today and gain immediate access to your own leave management cloud-software.

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Absenteeism

Leave Management Software

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How to Manage DOMA & FMLA (Hint: Cloud-Software)

Stacey McBride — Wed, 10 Jul 2013 20:46:11 +0000

How to Manage DOMA & FMLA (Hint: Cloud-Software)

Wed, 07/10/2013 - 20:45

Stacey McBride Wed, 07/10/2013 - 15:46

DOMA and FMLA. FMLA and DOMA. There’s so much to know! So many changes to make! So many acronyms to understand! So much work for leave managers! Wait, there’s always been a lot of work for leave managers. *We’re used to that.* Our take on the [strike down of DOMA and the impacts on FMLA](http://www.shrm.org/LegalIssues/FederalResources/Pages/DOMA-FMLA.aspx)? Well, if you’re managing leave in the cloud, you only have two things to do: 1. Know the states that recognize same-sex marriages and same-sex marriages in other jurisdictions. (Quick tip: Those states are California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont and Washington, plus the District of Columbia.) *Whew, #1 is done.* 2. Review your company’s policies to be sure you’re using the term spouse appropriately per your state’s (and all states in which your employees reside) definition of spouse and marriage. Is that all? Yeah (for the most part). Because, if you’re in the cloud with [LeaveXpert](https://www.leavexpert.com), you already have access to where your employees reside, a place to capture their spouse and next of kin information, and all the leave laws based on that employee’s state of residence *at your fingertips.* When an employee’s leave request is entered, you can determine which leave types they are eligible for (including company leaves if you’ve entered those, too) in one screen and a couple of clicks. Now, if you don’t have a cloud-based leave management system, then this time of understanding the DOMA ruling impacts on FMLA might be challenging for you. Maybe [give our cloud-software](https://www.leavexpert.com) a try and see how you like it. (You can use it for [free for 30 days](https://www.leavexpert.com)!) See ya soon! ![DOMA](/sites/default/files/DOMA_FMLABlog.png)

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FMLA

DOMA

Leave Management Software

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Keeping up with the ... FMLA Regulations

Stacey McBride — Fri, 17 May 2013 19:44:10 +0000

Keeping up with the ... FMLA Regulations

Fri, 05/17/2013 - 19:45

Stacey McBride Fri, 05/17/2013 - 14:44

We all love a little drama now and then. If we didn’t, TV shows about rich, dramatic families wouldn’t be so popular. But, drama in real life is a little less fun. Especially when it’s your work life. When we think of drama at work, the first thing that comes to mind is FMLA tracking (and maybe a little water cooler gossip). It’s fun to keep up with the latest relationship, who’s expecting, or the next big move on TV. However, at work it can be more challenging. In the role of HR, FMLA requires us keep up with all of the major life (and subsequent leave) events for every employee. We also have to keep up with the regulations that govern our employer provisions around employee life events. There should an E! Channel for HR … HR! Channel, anyone? Speaking of FMLA regulations, there have been [a lot of changes](http://optis.com/blog/dont-let-fmla-compliance-sneak-you) in the past year and it sounds like more are in the pipeline. The National Partnership for Women & Families [provided four recommended improvements](http://www.nationalpartnership.org/site/DocServer/DOL_FMLA_Survey_2012_Key_Findings.pdf?docID=11862) for Congress and the Department of Labor earlier this year. In response to the *Family and Medical Leave Act in 2012: Final Report Survey* published by the Department of Labor, they recommended increased employer education in order to improve compliance with the FMLA. (Hum, seems like an HR! Channel would be useful here… ). While the survey results indicate general compliance, one area of exception was associated with the incremental FMLA leave time provided by employers. Instead of the required one-hour increments or smaller, employers are typically providing incremental time in larger chunks closer to the length of one day. (The drama never ends! And the unnecessary costs keep rising!) Clearly employers need assistance. We feel the need goes beyond just education to the more basic need of gaining back the valuable time HR spends on compliance requirements. While time spent gaining better understanding of the FMLA is important and critical, that time can quickly turn into hours spent reviewing case law, scouring employee benefit websites or attending seminars. (Seriously, the HR! Channel is sounding better and better.) When we think about improved compliance through education, we have to wonder if it’s worth the cost? Especially when you consider the sad truth that most employers just don’t have the time to dedicate towards maintaining appropriate knowledge about the FMLA. Everything always works out in the end of a reality TV show though, right? Good news, the same can happen here (with or without our HR! Channel). Did you know that an HR team can have their leave letters automatically changed every time a leave law changes? And leave specialists can receive an email notifying them of changes to laws and when they are taking effect? It’s true. It’s like being a celebrity and having your own personal assistant. While remaining cognizant of changes to the FMLA and other leave laws, you could focus on more pertinent aspects of your leave management program! Huzzah! Additionally, stress levels would be reduced, or at least those associated with the current pressure of trying to maintain your working knowledge of FMLA. How can you do all this, you might ask? Leave management cloud-software. Invest in cloud-software and you will regain valuable time as well as your sanity (plus you’ll be able to leave work early enough to catch your favorite reality show). See, it does always work out in the end.

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FMLA

Leave Management Software

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