FMLA Tracking

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

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American with Disabilities Act

Compliance

Disability

Disability Management

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Employee Leave

Employee Leave Management

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Leave Management Software

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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

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FMLA Tracking

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

Stacey McBride — Wed, 11 Sep 2013 17:18:05 +0000

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

Wed, 09/11/2013 - 16:30

Stacey McBride Wed, 09/11/2013 - 12:18

*Step 1: Recognize the Problem* It’s one thing to track FMLA days when they are continuous, but it’s another gamut entirely when FMLA leaves are taken intermittently. The frustrations and headaches mount, especially in a manual, non-automated environment. Manual environments are paper-based or spreadsheet-driven, which while initially useful can become cumbersome, mistake-prone and non-transferable over time. When tracking FMLA available hours manually, it’s only a matter of time until you’re not confident in your calculations. And those calculations come with serious compliance and cost risks. At this point it’s time to recognize that you have a problem that is insurmountable in a manual world. Don’t believe us? Here’s something to consider: It’s simple when an employee starts with a balance of 480 hours, takes a continuous amount of leave of 130 hours and has a resulting balance of 350 hours. With that simplicity, spreadsheets can work. But, and it’s a big but, intermittent time can be taken on different days of the week in multiple non-consecutive months. Accumulating and properly subtracting these utilized hours to properly sum and determine potential exhaustion becomes difficult. (Just thinking about it is difficult.) **The opportunity to make a mistake magnifies exponentially.** Additionally, what happens when you want to take a vacation (‘cause you seriously need one)? Will another co-worker in the office be able to properly maintain your manual, non-automated process? It will take time to train him/her on how to effectuate your process, which likely they won’t completely understand. If it’s already difficult for you to properly track intermittent FMLA, imagine the frustration your replacement will have. And, what if they are the one to accidentally corrupt your spreadsheet-driven process? That result will not only complicate your FMLA tracking process but will potentially and unnecessarily confound the work relationship. If you’re shaking your head in agreement or concern is creeping over you about the future of your manual FMLA tracking process, you’ve done the first step and recognized the problem. ![Optis FMLA](/sites/default/files/BuriedUnderLeave.png) *Step 2: Commit to Change* How challenging does the situation have to become before you will decide to improve your situation? For example, do you really want to have to ask the employee what they think their available FMLA balance might be because your manual process has failed and become unrecoverable? No. You don’t. It’s time to chart the course and change your process. Commitment to making a change is simply making a plan to improve your existing processes. Ben Franklin’s centuries old quote, ‘If you fail to plan, you are planning to fail’ is quite appropriate because you don’t want to make a hasty decision that leads to a solution that doesn’t actually solve your FMLA tracking problems. Making a plan involves identifying key project activities. These activities should include detailing the problems with your existing efforts, identification of stakeholders involved in the decision process and inclusion of any necessary purchasing steps that must be followed pursuant to any company policy. In addition to identification of these activities, project milestones should be established. These milestones should not only properly reflect the timeline in which you want to make your decision and implement the software, but they should also provide guidance and serve as targets for the endeavor which you are undertaking. Execution of your plan will require due diligence. Whether your identified time frame is short or long, remember to stay on task. We’re all busy. We get it. You may miss targeted milestones or other work may circumvent your ability to spend time on this project, but stay on course. Continual, dedicated effort will be needed; while not all-day, every-day, you will want to dedicate certain parts of each day or each week, depending upon your schedule. Don’t let roadblocks, whether human, informational or budget-driven prevent you from completing the project and implementing the change. Once you’ve completed step two by making the commitment to change, keep an eye out for Part II of this series to understand how to move your manual process to the cloud.

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FMLA Tracking

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What's Missing from Your FMLA Tracking?

Stacey McBride — Wed, 24 Jul 2013 14:29:24 +0000

What's Missing from Your FMLA Tracking?

Wed, 07/24/2013 - 14:30

Stacey McBride Wed, 07/24/2013 - 09:29

FMLA court decisions are never-ending … and provide lessons for all companies and organizations (whether you’re in court or not). Following the *Young vs. The Wackenhut Corporation* decision earlier this year, we’re reminded of the importance of individual notice. We know from the law that individual notice must be provided when an employee requests FMLA-related leave or when an employer acquires knowledge that an employee’s leave may be for an FMLA-qualifying reason (if you didn’t know that, consider it a free tip). In the above-mentioned decision, Jacqueline Young sought, was granted, and took all 12 weeks of her FMLA leave, but at the conclusion of her leave didn’t return to work and was terminated two weeks later. So, to court they went. And it was found that when granting her leave, The Wackenhut Corporation did not provide individual notice; consequently, Jacqueline Young was not properly notified of her leave time and suffered prejudice. Ouch, that one stings. Reading decisions like this should inspire each and every leave manager, with employees covered by the FMLA, to ask themselves a number of questions: + *Is my company in a similar position of risk?* + *Do we consider this risk to be great?* + *Am I doing everything I can to minimize our position of risk?* Saying no to any one of these questions may jeopardize the credibility of your HR department and may lead to unexpected, unforeseen and costly results. You, being the HR rockstar that you are, are likely already aware of the fact that you need to send individual notice. However, is it possible that you aren’t always sure if the notice has been sent? Are you wishing there was a way to document when it was sent and even what the letter stated? Are you shaking your head in agreement? If yes, it sounds like you’re missing something in your absence management program. Your FMLA administration program is in need of a cloud-based leave tracking system that will provide automatic reminders and auto-generated letters. You won’t be asking yourself the questions above when you’re reminded of when to send an individual notice as well as store it and time-stamp it. We’ll even make sure you get the reminder to send it within the specified number of business days (five business days to be exact … just another free tip from [LeaveXpert](https://www.leavexpert.com) ‘cause we love you guys). Further, if you’re like others, the reason that tasks sometimes aren’t accomplished is because they are unnecessarily complicated. Delivery of notice can be simplified with auto-generated letters containing employee and case information. You still have control over how you send, whether through email or mail, but auto-generation achieves consistency and the burden of creation is minimized. **Want to get in on this [letter-creating, leave-tracking, super system](https://www.leavexpert.com)?** Optis’ [LeaveXpert](https://www.leavexpert.com/) is a cloud-software FMLA tracking solution that will assist you in properly providing FMLA notice to all of your covered employees. Not only can we help you reduce your company’s risk, we’re going to let you try it out for [free](https://www.leavexpert.com) (we love free!). With immediate access and no sales demo to sit through, you can start tracking your FMLA process in the cloud today. Learn more and take advantage of your [FREE 30-day trial of LeaveXpert](https://www.leavexpert.com) right now. ![Missing](/sites/default/files/banner-youve-been-missing.jpg)

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Absence Management

FMLA Tracking

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