Uncooperative Supervisors

new in hr

I've recently become the HR Manager for a 5 county mental health facility and I'm having a real problem with FMLA issues. The policies were recently changed so that accrued paid leave is now used in conjuction with FML (before FML was only used after all paid leave was exhausted). My problem is that employees are taking leave that would qualify for FML and the supervisors are not letting me know so that I can designate the leave as FML. There is the perception that it's not "fair" that employees should have to use FML and accrued paid leave. So if I know an employee is out then I'm designating but sometimes I don't know and I'm concerned about the liability of not being consistent. What would happen if I didn't chase people down and make them take FML and only gave it to the people who came to me to request it?

Terry

I always love supervisors that forget that their job is working for the company. Since the policy changed, it is their job to report FML leaves to you. If they don't, then they are not doing their job and this should be included in their performance appraisal. Not to make more work for you, but is there a way to have payroll report extended vacation/sick pay for more than 2+ weeks? It would be a great double check and you would be able to identify those supervisors that need to be reminded and "re-trained" on policy.

Gar

[font size="1" color="#FF0000"]LAST EDITED ON 02-06-02 AT 01:16PM (CST)[/font][p]What could happen? The Department of Labor knocking at your door due to a complaint of inconsistent treatment. You need to talk to the management team ASAP, have them understand the problem and get with the program.

Rockie

Most companies use this method for the very reason of fairness. Would a supervisor prefer an employee be out on 12 weeks FMLA and then come back and take a 2 week vacation? The supervisor and the coworkers would certain consider this unfair.

You might also advise supervisors that not only can this lack of notification/enforcement affect their performance reviews, but in some instances, they can also be held legally liable for discriminatory enforcement/disparate treatment of employees concerning the FMLA. This is in addition to the liability the company may incur.

Leslie

>Most companies use this method for the very reason of fairness. Would
>a supervisor prefer an employee be out on 12 weeks FMLA and then come
>back and take a 2 week vacation? The supervisor and the coworkers
>would certain consider this unfair.
>
>You might also advise supervisors that not only can this lack of
>notification/enforcement affect their performance reviews, but in some
>instances, they can also be held legally liable for discriminatory
>enforcement/disparate treatment of employees concerning the FMLA.
>This is in addition to the liability the company may incur.

Whoa! We also run FML concurrent with available sick and vacation if they choose to use it. I tell them they should use their sick time, but the employee can't be told they MUST use their accrued paid leave time, especially vacation, can they?

Margaret Morford

Many companies require that employees use available accrued vacation time as well as sick time (PTO) during FMLA for the reasons stated above. It all depends on what your company's FMLA policy states is applicable leave and whether its use is voluntary or involuntary.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Linda_CA

I would think that this issue would be a part of there performance evaluation. Although this may be more work for you and your staff, but you may want to let managers and supervisors know that all leaves although initially started with management, but be approved through HR. If managers and supervisors are refusing to follow policy, this could be deemed as insubordination. In this instance, not following your direction could maybe someday cost your company a lot of money. Can you get support from upper management?

WO

I have the same problem here in that I dont know the absence has occurred until later. I was concerned about the inconsistency and did a few things that helped:

Educated the payroll clerks to watch for absences of 3 days. They then call me and asks if it should be designated.

Educated the supervisors and directors that if FMLA is not designated immediately they may end up with an employee out for much more than 12 weeks on protected leave.

Educated the employee on a case by case basis on the protections that FMLA affords.

It isn't foolproof but it has helped a great deal.

System

The place I work has a form that must be filled out for all absences, signed by the employee and supervisor. There's a list of reasons for the absence, including FMLA. The employee must check the correct box, and the super must sign it and give it to payroll. This forces supers to tell you whether each absence is FMLA absences. If not, you have written proof that they're not doing their job right, which should be shared with their boss.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

lrenoll

I actually have the opposite situation with my supervisors. My supervisors have been great with informing me of employees who may may be eligible for FMLA. I believe the reason is because we have a very strict disciplinary process for excessive absenteeism. So, it is in the supervisor's best interest to keep me up to date and report any possible FMLA situations as approved FMLA leaves of course do not factor into excessive absenteeism. I also spend time distributing handouts of articles and cases that deal with FMLA and we have open discussions each week at the supervisors meetings. Additonally, I do review each timesheet to record the absenteeism, so any leave of 3 or more days sends up a flag me to ask questions. We employee about 200 people and for a mere 20 minutes of my time every two weeks, it's a great system! Be strong and show the supervisors why it is in their best interest to keep on top of the FMLA issues. : )

Gillian

The trying to explain is the best approach, however, if that doesn't work you should think before you become more aggressive. If the supervisors are uncooperative in this area, what other areas are going to be problems for you? Especially if you are new to HR you might not want to take on a problem that cannot easily be solved because you may turn yourself into a persona non grata with the supervisors. The world won't come to an end if FMLA designations aren't administered as well as you would like and it is the supervisors who have to live with the absenses. Choose your battles carefully.

Nat

Are your supervisors trained on FMLA? There is nothing more frustrating than having to work extra because others refuse to do their job or are not trained properly. If they have not had training on FMLA, I would start there. They need to understand how the company and the employee benefits from designating FMLA. Furthermore, if the company has made a policy re: taking accrued leave (vacation and/or sick) concurrently with FMLA then it is not up to them to decide what is fair. Fair or not it is company policy and as supervisors they need to support it. They need to understand this. If they do not follow policy it can affect their performance eval. This is a very common policy.

I had a supervisor who did not understand the benefits of designating FMLA. When I explained to him that his employees could be out without FMLA designation and then come back and request FMLA, he quickly complied.

Good Luck!

Don D

I think NAT just hit on something. "Are the supervisors trained?" I've found that supervisors are typically frustrated by and somewhat intimidated by the acronymaniacal (made that up) phrases and words HR uses. I also have found out that periodic supervisory training sessions, designed by HR with the content stricly controlled by HR, are great teaching exercises. I've had more than a few supervisors come away from those sessions relieved by the fact that FMLA, ADA, ADEA, FLSA, etc are not nearly the complex snapping tigers they thought them to be. Once they have a fair, general understanding of the programs, they tend to be much more apt to work with HR to administer them. These training sessions are also an excellent chance for you to build your credibility and gain a 'seat at the table'.

jmssr

[font size="1" color="#FF0000"]LAST EDITED ON 07-09-02 AT 10:54AM (CST)[/font][p]I would take that responsibility awawy from the supervisors, and have all leaves approved br HR. If the supervisor are aware of the leaves you most likely letting medical information out to the wrong people.