Transcript Has your organization experienced challenges administering FMLA

FMLA Challenges
• Sample comprised of 352 randomly selected
HR professionals.
• Analyzing 352 responses of 1,954 emails
sent, 1,827 emails received (response rate =
19%).
• Survey fielded January 25 – 31, 2005;
presentation generated on February 1, 2005.
• Margin of error is +/- 5.0%.
SHRM Weekly Online Survey: January 25, 2005
© 2005 SHRM
1. Has your organization experienced challenges in administering/granting
"medical leave" under the Family and Medical Leave Act (e.g., for serious
health condition, disability, pregnancy, intermittent leave, etc.)?
80%
70%
68%
60%
50%
40%
27%
30%
20%
10%
5%
0%
Yes
No
Don’t know
SHRM Weekly Online Survey: January 25, 2005
© 2005 SHRM
1. Has your organization experienced challenges in administering/granting
"medical leave" under the Family and Medical Leave Act (e.g., for serious
health condition, disability, pregnancy, intermittent leave, etc.)?
Choice
Count
Percentage Answered
Yes
238
67.8%
No
96
27.4%
Don’t know
17
4.8%
SHRM Weekly Online Survey: January 25, 2005
© 2005 SHRM
2. What challenges has your organization encountered? (Check all that
apply.)
51%
Tracking of intermittent leave (small segments of leave)
Vague documentation of medical leave certification by
health care professional
46%
Costs associated with a loss of productivity due absence of
employee(s)
40%
Labor costs associated with absence of employee(s) (e.g.,
hiring temporary workers or having other employees work
37%
36%
Unsure about the legitimacy of leave requests
Morale problems with employees asked to cover for absent
employee(s)
33%
Chronic abuse of intermittent leave (small segments of
leave) by employee(s)
32%
DOL regulations, guidance, and opinion letters
contradictory and confusing
27%
Leave taken for illness or ailment that does not qualify as a
serious health condition
26%
21%
Cost associated with compliance and leave tracking
10%
Other
0%
10%
20%
30%
40%
50%
60%
SHRM Weekly Online Survey: January 25, 2005
© 2005 SHRM
2. What challenges has your organization encountered? (Check all
that apply.)
Choice
Count
Percent
of
Sample
Tracking of intermittent leave (small segments of leave)
181
51.40%
Vague documentation of medical leave certification by health care
professional
161
45.70%
Costs associated with a loss of productivity due absence of
employee(s)
140
39.80%
Labor costs associated with absence of employee(s) (e.g., hiring
temporary workers or having other employees work overtime)
129
36.60%
Unsure about the legitimacy of leave requests
128
36.40%
Morale problems with employees asked to cover for absent
employee(s)
115
32.70%
Chronic abuse of intermittent leave (small segments of leave) by
employee(s)
111
31.50%
DOL regulations, guidance, and opinion letters contradictory and
confusing
96
27.30%
Leave taken for illness or ailment that does not qualify as a serious
health condition
93
26.40%
Cost associated with compliance and leave tracking
74
21.00%
Other
35
9.90%
SHRM Weekly Online Survey: January 25, 2005
© 2005 SHRM
Open-ended responses from Question 2
“Other”
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Privacy laws make it difficult to obtain documentation.
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Major depression and what falls under reasonable accommodations due to medications.
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Difficulty in getting employees and supervisors to comply in a large organization with a small HR
staff.
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Ensuring correct paperwork filled out.
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Incomplete documentation by health care professional.
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Costs associated with coordination between FMLA and STD leave tracking payments,
notifications, etc.
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Lack of clarity in FMLA guidelines related to benefits accrued or not accrued while an employee is
on leave.
•
CA FMLA now partial paid.
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Determining whether an ailment is even a serious health condition.
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Uncertainty about what qualifies and what is just sick leave.
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Unwillingness of medical providers to verify reason for absence due to HIPPA . My facility has
33% of workforce with double digit absenteeism rate.
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Leave is granted & employee decides not to return - how to make employees accountable for
health premiums after the fact.
SHRM Weekly Online Survey: January 25, 2005
© 2005 SHRM
Open-ended responses from Question 2
“Other” (continued)
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Getting timely updates from employees on FMLA.
1. Combining our already very generous sick leave with the added burden of completing FMLA
paperwork when we already allow longer than 12 weeks. 2.Health care providers signing anything
the patient asks and will approve time needlessly.
Supervisor training and consistent administration.
Developing consistent SOP's in the Organization and communicating to Managers and Front Line
Supervisors; they often permit employees to take vacation without FMLA.
Trying to get documentation from doctor.
Failure of employee to return required documentation.
Company is less than 50 people. We want to be fair, but can't afford to have people out for
extended periods.
Need to translate everything into Spanish.
Administering leave policies that adhere to both federal and various state laws.
Affect on Perfect Attendance program.
Leave not requested when it probably should be.
Privacy issues - communication with staff about the nature of the leave. We have also had some
difficulty with supervisors and peers not giving a father's leave the same respect as a mother's
leave after birth.
CA DFEH requirements plus CA FMLA regulations are difficult to "layer" on top of fed regulations.
Interpretation of FMLA.
We have an in-house medical clinic, which I believe greatly reduces the administration nightmare
others probably experience. We also has an occupational nurse you handles all case
management of medical leaves, FMLA, Disability, Worker's Comp.
SHRM Weekly Online Survey: January 25, 2005
© 2005 SHRM
Open-ended responses from Question 2
“Other” (continued)
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An increase in the number of leaves requested and granted year to year.
Including employees who have missed time under Family Leave in perfect attendance
recognition.
Supervisors/Managers understanding which leaves run concurrent, etc. We have had an
increase in men interested in baby bonding, which means for most pregnancies, we have two
people out instead of one (when married couples both work for the company).
Problem with director not consistently applying performance evaluations and increases to those
that have been out on leave. Not getting provisional letters out in a timely manner. Not providing
employees the proper documentation once leave is taken.
Inconsistent treatment across the company.
Employees refusing FMLA - lack of understanding of policy/law.
SHRM Weekly Online Survey: January 25, 2005
© 2005 SHRM