Personnel(ly) Speaking
Personnel Management Systems, Inc.
Leaves of Absence: Confusion, Cooperation, Training, and Patience
Keeping track of newly authorized leaves of absence, proposed changes to existing leave regulations, and how each leave layers on another is a daunting task. This year alone there were enhancements made to the Family and Medical Leave Act (FMLA) concerning military leaves; state leaves enacted to address specific concerns such as domestic violence; and proposed FMLA regulations and legislation related to Paid Family Leave. The pace and complexity of these changes make it difficult for even the best of employers to make certain they have provided all authorized leaves and treated their employees “right.”
So, how do you manage these changes? How do you determine if a pregnant employee with a pregnancy-related disability qualifies for a FMLA leave or a disability leave? Given the complexity of overlapping leaves of absence, we recommend doing all you can to provide clarity and create an atmosphere of cooperation with employees. Here are some practical ideas for working with your employees:
Stay Aware
Just as employers work to stay up-to-date on external changes affecting their core business operations, employers must stay up-to-date on external changes affecting the way they manage their key asset – employees. Staying aware will allow you to proactively manage these changes and to have systems and procedures in place before you are called on to use them. We recommend subscribing to on-line newsletters, attending seminars, signing up for automatic updates from state and federal agencies, and creating good working relationships with HR and other professionals whose core business includes this knowledge.
Communicate
Communicating with employees about their rights and responsibilities is not only required in some instances, but proactively providing information can also be very helpful in your administration of leaves of absence. Some regulations require you to publish/post employee rights. For example, the Federal Family and Medical Leave Act requires employers to have a posted notice explaining the Act's provisions; to include information on FMLA in any written guidance (such as a handbook); and to provide affected employees with detailed written information about their rights and obligations. Employers are also expected to responsively answer questions from employees concerning their rights and responsibilities under the FMLA. While other regulations may not include this type of specific requirement to communicate, following this approach of fully informing employees through written material and training can eliminate misunderstandings and even assist an employer in its compliance efforts. If an employer does not explain the nuances of leaves and employees’ requirements to access the time off to which they may be entitled, incorrect or incomplete information will lead to misunderstanding and ill-will. By contrast, in an atmosphere where information is readily available and managers are willing – and able – to discuss employee rights and responsibilities, misunderstandings are minimized. The last thing you want to have happen is for an employee to make assumptions regarding type or length or availability of a leave – and have that assumption be wrong. The confusion and disappointment can lead to a disgruntled employee contacting legal counsel. Train
To complement your efforts to communicate rights and responsibilities related to leaves of absence, we recommend regular training for supervisors and managers. Training gives your supervisors and managers the information they need to recognize when a leave entitlement might be warranted.
You don’t need to train in all the nuances and concerns of leaves. We do recommend that those in a supervisory role are provided with the information necessary to properly respond to a request for time off – in order to help you manage the absences and to give employees that to which they are entitled. For example, you want your supervisors to know what triggers the FMLA, so you can begin counting absences toward an employee’s FMLA allocation. Failure to notify the employee that those absences will be covered by FMLA could result in a greater (longer) benefit than was originally contemplated.
Training can take many forms – classroom style training, distribution of newsletters to all supervisory staff, brown bag updates on recent changes, Q/As aimed at commonly asked employee questions. The reward for your effort is an informed supervisory team who can minimize problems related to the complicated topic of leaves.
Be Patient
When faced with the daily challenges of running your core business, it is tempting to make quick decisions related to employee issues. Nonetheless, we recommend patience in analyzing an employee’s entitlement to time off and the other benefits associated with legally provided leaves. Before taking action that adversely affects an employee’s work situation, benefits, or other entitlement, take the time to speak with your key advisors on the issue. Speak with your HR advisors and discuss all the issues. Speak with the affected employee, who almost always will have valuable information that will impact your analysis of rights and responsibilities. Review your written policies and the regulations that may be implicated. Review how you have handled similar situations in the past. This type of patience and careful analysis will not guarantee a “right” answer, but it will improve your chances.
This approach to implementing changing rules and regulations (whether or not related to leaves of absence) requires diligence. It may not be as exciting as an emergency all-management meeting to deal with the latest crisis, but it will help you create an informed work force more inclined to cooperate with you as you navigate the ever-changing employee entitlements affecting the workplace.
If you need assistance understanding and implementing the changes you encounter when managing leaves of absence or other employee rights, call Personnel Management Systems, Inc.
Personnel(ly) Speaking is a monthly comment on HR issues of importance. It is intended to provide general information and must not be construed as legal advice. Reproductions are allowed as long as credit for this information is given to PMSI. We welcome your comments, questions, and concerns. © PERSONNEL MANAGEMENT SYSTEMS, INC., Corporate Office (425) 576-1900, Colorado Office (720) 497-0200, www.hrpmsi.com.