Victims of domestic violence could take FMLA leave under proposed bill

Today's post comes from G.Neil's HR News Weekly:

Coinciding with National Domestic Violence Awareness Month in October, a California Congresswoman is reintroducing legislation that would assist victims of domestic violence. The Domestic Violence Leave Act would allow employees to take leave under the Family and Medical Leave Act (FMLA) to address incidents of domestic violence, sexual assault and stalking -- whether directed at themselves, a spouse (including domestic partner and same-sex spouse), parent or child.

FMLA leave could be used for a variety of reasons:

... Seek medical attention for injuries
... Obtain legal assistance
... Participate in a legal proceeding
... Attend support groups or therapy
... Participate in safety planning

The affected employee could substitute paid leave for the leave available under this bill. And while an employer would be entitled to obtain certification that the employee is taking the FMLA leave for legitimate reasons, the employer would be held to strict confidentiality standards.

Rep. Lynn Woolsey pointed out that domestic violence is a widespread problem in our country, emphasizing that her bill "ensures that those who have suffered abuse have the time to recover, physically and emotionally, without losing their job or forfeiting the income that supports them and their family."

For fast, easily searchable answers to all your FMLA compliance questions, check out SolveIt Now™ -- available for immediate download or on CD-ROM.

Victims of domestic violence could take FMLA leave under proposed bill

You've gathered the absence data ... but now what?

Today's post comes from G.Neil's HR News Weekly:

You’re well-versed in the Fair Labor Standards Act (FLSA) time and pay laws, you keep careful records of each employee’s attendance and you’ve even identified your company’s biggest attendance issues. But that’s where it stops, according to a Liberty Mutual survey of 300 human resource and benefits professionals conducted in April 2011.

The survey found that employers are making the effort to stay informed and track attendance, but they’re not using the numbers to address the bottom-line impact of employees missing work. Specifically, 53% of respondents ranked compliance with state and federal leave laws as their greatest concern, yet nearly 50% didn’t know the cost of absence within their own workplaces.

That can be an expensive mistake! The U.S. Department of Labor (DOL) calculates that uncontrolled employee absence costs employers $100 billion per year, based on 2009 data.

“While employers are clearly aware of how important it is to comply with leave regulations — and are therefore tracking these leaves — many haven’t taken steps to use the data they collect to proactively manage absence and control the total financial impact on their companies,” says Heather Luiz, disability product manager for Liberty Mutual Group Benefits. insurancenewsnet.com

From at-a-glance tracking sheets to software, G.Neil offers a variety of practical tools to help you manage attendance, employee vacations, sick time and other time off.

Beyond the tracking, it's up to you to review the data and look for weaknesses in employee attendance. Is it a certain handful of employees who call in sick or come in late month after month? It may be time for these employees' managers to have a heart-to-heart talk with them about what is going on and what they expect going forward. If your attendance rules are clear and you enforce them consistently, this type of counseling shouldn't pose any problems.

Managing medical leave - and preventing FMLA abuse - can be a little trickier. In addition to the administrative side of FMLA leave (requiring leave request forms and medical certifications, for example), you'll need to track used and available FMLA time based on the latest federal regulations.

You've gathered the absence data ... but now what?

How healthy is your medical leave policy? It may be time for a checkup

The Equal Employment Opportunity Commission (EEOC) has filed a class-action lawsuit against UPS for violating the Americans with Disabilities Act (ADA) when it terminated an employee with multiple sclerosis. According to the lawsuit, this particular employee (as well as a whole class of disabled UPS employees) was unfairly treated under the company’s 12-month leave policy.

Some details regarding the case: The employee took a leave of absence from her job when she started experiencing symptoms that were later diagnosed as multiple sclerosis. She came back to work for a few weeks after the 12-month leave period, but then needed additional time off to deal with the negative side effects of her medication. It was at this point that UPS fired her for exceeding its 12-month leave policy.

From an EEOC press release:

“One of the main goals of the ADA is to provide gainful employment to qualified
individuals with disabilities. However, policies like this one at UPS, which set
arbitrary deadlines for returning to work after medical treatment, unfairly keep
disabled employees from working. Sometimes a simple conversation with the
employee about what might be needed to return to work is all that is necessary
to keep valued employees in their jobs.”

UPS is defending its 12-month leave policy, calling it “one of the more generous and flexible leave policies in corporate America.” The company claims the employee never asked for an accommodation under the ADA – and that after returning from a year’s leave of paid absence, she basically “abandoned” her position 18 days later, without providing any medical documentation justifying additional time off.

What about your company’s leave of absence policy? Could it pass this sort of ADA scrutiny? Are you prepared to handle and properly administer requests for reasonable accommodations? A quick checkup of your leave policy and ADA administration practices may be in order to ensure they are healthy, stable and could stand up in court.

How healthy is your medical leave policy? It may be time for a checkup