implementing FMLA

FSB AR · March 2005

My company is just falling under the requirements of FMLA due to size.

I little slow getting up the curve on all FMLA requirements.

Is there a best practice approach that conservatively protects the company while also reducing paperwork/administration?

Background: We have 6 locations spreadout over a 200 plus mile radius with one centralized HR department and local HR assistance to handle on site coordination.

Unless requested by the employee and known ahead of time or other known factors we were thinking about having standard that anytime an employee missed ___ (3-5?) consecutive days to automatically send the FMLA notice whether or not requested to start to clock in case the situation developed into a FMLA event several weeks down the road?

Is this a good practice and if so what needs to be the stardard days before sending the FMLA notice? If not what is a "good" industry practice to protect the company while also keeping administration to a minimum?

Thanks

Don D · March 2005

You can forget trying to minimize the administrative requirements and endless minutia of FMLA. It won't happen. Send the paperwork out if they miss or it appears they will miss more than three days due to suspected or reported illness of any type or if you know they spent one night in the hospital and advise them that they are conditionally placed in FMLA status pending your determination.

POPEYE · March 2005

I would recommend that you find a legal seminar in your area dealing with FMLA. Take good notes and return to your facility ready to train all of your supervisors in how to handle getting information to your EEs. If one of our EEs is out for more than 1 day (and depending on circumstances maybe just 1 day), we have trained our sups to give them a medical certification form and have the EE sign stating that they received the written notification of their rights and responsibilities. The sups forward that signed acknowledgement form to HR to be logged and follow-up done at the appropriate time. The
supervisor does not get involved in the what and why, just do a good job in making sure that all EEs are advised of their rights. This has worked very well for us.

HRinFL · March 2005

Don and POPEYE have given you good advice. There are not very many ways to reduce the administrative functions for FMLA, so you have to develop a system that allows you to use your supervisors to alert you of possible FMLA situations with their ees, and you need to have a process in place for you to make sure you comply with your responsibility under the Act.

For us, we have combined numerous forms into one. We use one form to record ees that have "time away from work." We categorize the absence into several different categories: A schedule request (changing a day off for one week), non-FMLA related illnesses, unpaid personal days, vacation, bereavement, jury duty, W/C related absences (40/24 and extending), military absence (30 days or less), military leave (31 days and over), and then an area for FMLA (own health, caregiver, maternity, child care, etc.). On the back of this form, we have all of the discolsures the co is required to give the ee. For example, information on their rights under FMLA, under URRISA, and under W/C. This does cut down the paperwork involved and we can track any type of absence using this one form. It has been very succeddful for us. When give the form to the ee to complete, we explain that they need to read the back to understand what rights they have (depending on the reason for the absence) so that they have been put on notice what is required from them and from us.

deniseE · March 2005

We just outsourced a good bit of our FMLA. It might be something to consider if you are concerned.

Don D · April 2005

It's interesting that you've outsourced FMLA. I'm trying to imagine how that could possibly save you time and work. It seems to me that outsourcing would require such a level of coordination between a tpa and one or more people at your place of business, that it would be simpler to handle it in house. Seems they would be constantly either emailing you or on the phone with your staff gathering payroll, attendance and other facts. Can you explain how you feel this has been of benefit? Thanks.

WO · April 2005

HRinFL,

Would you mind sending me a copy of your form? It may help me with my timely implementation problems. Thanks

[email]loriw@co.klickitat.wa.us[/email]

HRinFL · April 2005

I sent you an email to your forum address. If you send me a fax number, I will send it to you, unfortunately, the form is not maintained electronically.

WO · April 2005

HRinFL,

My fax is 509 773 5139, thanks so much.

HRinFL · April 2005

I am leaving early for a School Advisory Committee meeting at my son's school today. I will send this to you tomorrow. Glad I could help!

pork1 · April 2005

FSB AR: From your post, I sense that you do not have a copy of Federal Regulations Title 29 Part 825, The Family Medical Leave Act of 1993. You can get one of these handy dandy bulletins from your Federal Wage and Hour Division located in your state. I got mine from the local district office in the city next to ours, a 30 minute drive.

This is one of the growning headaches of the HR "World of Work". It is a headache only because of the attention to details, that are so important to the HR world. I, like Don, feel that this is not an area of the HR business that I would allow any sharp marketing consultant to get his/her hands upon. To get their hands upon this area means you must sharpen your eyes and ears for the details in order to protect the employee and the company. I can just hear the reprocussions, when I tell the GM that we do not have the fogggggest idea of the care being afforded an employee, remember the consultatnt is handling FMLA so we can be protected from litigation and can do other things. Wrong, wrong, wrong!!!

Good luck with your FMLA consultant!

PORK

implementing FMLA

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