CPO Business Results Newsletter

Are you as confused as the lawmakers by the Family Medical Leave Act?

The FMLA has confused employers since it was enacted in 1993. First, do you know if you are a covered employer? The Federal Law describes “covered employers” in no less than 2613 words or 260 paragraphs. Let me save you some reading, in all likelihood you are covered. And this is one of the clearest sections of the law. The law states that, covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons: • for the birth and care of the newborn child of the employee; • for placement with the employee of a son or daughter for adoption or foster care; • to care for an immediate family member (spouse, child, or parent) with a serious health condition; or • to take medical leave when the employee is unable to work because of a serious health condition. Clear, not quite yet what about these questions among others: • Does FMLA leave have to be taken all at once, or can it be taken in parts? • How much leave may a husband and wife take if they are employed by the same employer? • Is FMLA leave paid or unpaid? • Can I be paid to stay home with my step grandmother so someone is there if she falls and can’t get up? Confusing, yes very. Further, regulatory and judicial actions have clouded and confused its original intent, resulting in inconsistent and inequitable implementation. Two of the most challenging FMLA-related activities identified by organizations are tracking/administering intermittent FMLA leave and determining the overall costs incurred while complying with the requirements of the FMLA. A Society for Human Resource Management (SHRM) study reveals inappropriate, if not illegitimate leave being granted resulting from FMLA confusion. Nearly 40 percent of HR professionals responding to the SHRM survey report that confusion over implementation of the Family and Medical Leave Act has led to illegitimate leave being granted. And, according to the survey, in an open comment portion of the study, many HR professionals noted that the timing of intermittent FMLA leave requests (e.g. around weekends, holidays, pleasant weather) raised suspicions of abuse. In a recent survey of subscribers, CCH Human Resource Management Publication asked the question: "Do any areas of the Family and Medical Leave Act pose problems for your organization?" It is clear is that the current regs are problematic for more than half of organizations responding to the July Online Poll. “Forty-seven percent of July respondents report that "intermittent leave" poses problems for their organization and 19 percent report that defining "serious health condition" is what they struggle most with. Four percent of respondents point to other provisions as being problematic.” 25 percent proudly report that their organization handles the FMLA well. Some employers have dealt with this confusion by just ignoring the issue or developing policies such as the following: “We will accommodate in accordance with the law”. Both of these approaches may generate more problems than they solve Often the “follow the law” approach leaves too much to interpretation and the potential for claims of disparate treatment. Let us help, if you have questions, need help with a specific problem or just want to review your approach, our benefits experts are just a call or email away.

WORLD CLASS TRAINING! LOCAL EXPERTS!

SAIAT is pleased to announce it’s NEW partnership with CPO! Together we have put together a schedule of courses to meet your specific training needs. CHECK IT OUT, www.saiat.org! Time: 9:00 am—3:00 pm Location: SAIAT Cost: $199 per person (cost includes materials and lunch) COURSE DATE Successfully Managing People August 28th Managing and Appraising Employee Performance August 30th Identifying and Preventing Workplace Harassment September 4th Coaching to Success September 6th Identifying and Preventing Workplace Violence September 11th Business Ethics Training September 13th Team Development: From “I” to “Us” September 18th Strategic Alignment: Generating Growth and Results September 20th Managing Today’s Multicultural Workforce September 25th Compensation Strategy: How to remain Market Competitive September 27th Customer Service-Customer Maniacs October 4th Hiring, Motivating, and Retaining Employees October 9th Avoiding Employee Problems and Liability October 11th

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