In a weak economy, FMLA claims strengthen

Claims related to the Family and Medical Leave Act (FMLA) jumped more than 10% this year, according to a report by FMLASource, an affiliate of ComPsych Corporation. The key reasons for FMLA absences are 1) personal illness/injury, 2) caring for a child, and 3) caring for an elderly relative.

Experts blame the struggling economy for the bump. “As companies continue to operate with leaner staffs in a slowly recovering economy, many workers are seeking FMLA job protection in order to take time off to care for themselves as well as family members,” says Jim Brown, vice president of FMLASource.

To counteract this trend, Brown recommends that employers beef up their support services, including Employee Assistance Programs (EAPs) and work-life initiatives, to address employee issues and reduce the length of FMLA absences.

A thorough monitoring and documentation process of claims is essential, too. To ensure tighter administrative control and to curb costs in a tough economy, rely on the ComplyRight™ FMLA Administration System. It includes all the forms and information you need to effectively manage FMLA requests according to the latest regulations.

In a weak economy, FMLA claims strengthen

Fear, lack of paid time off drive sick employees to work

Despite daily news coverage of the swine flu outbreak and reports of flu-related deaths, U.S. workers continue to show up for work sick, according to a recent Monster.com poll.

The nationwide poll revealed that 71% of almost 12,000 U.S. workers who responded between May 11 and May 18, 2009, said they report to work even when feeling ill.

“Of those who go to work sick, 33 percent fear losing their job if they take a sick day, while 38 percent admit their workload is too busy to take a day off from work even when they are ill,” said Norma Gaffin, director of career content, Monster.com, in a press release.

When asked “Do you go into work sick?” respondents answered:

• Yes, work is too busy for me to miss a day: 38%
• Yes, in this economy, I’m afraid I’ll lose my job: 33%
• No, I work from home if I’m sick: 10%
• No, I rest up to get better: 19%

Even if they wanted to, many workers can’t stay home when they’re sick. An estimated 57 million working Americans have no paid sick days. For these workers, staying home from work means losing pay or possibly losing their job.

"The problem has really come into sharp relief the past few days," said Debra Ness, president of the National Partnership for Women and Families, which has long pushed for paid sick leave. "Many people don't even realize that almost half the private sector — 48 percent — has no sick days, not even a single one."

"We have officials telling people to stay home when they're sick," she added. "Well, guess what? That can be the beginning of economic disaster for many, especially in this economy."

A 2008 study on sick leave found that 68% of workers without paid sick days had gone to work with a contagious illness like the flu or viral infection. Additionally, one in six workers reported that they or a family member had been fired, suspended, punished or threatened with firing after taking time off to care for themselves or a family member, according to the 2008 study by the University of Chicago's National Opinion Research Center.

Currently, the U.S. is the only country out of the top 20 world economic powers with no federally mandated sick days. But that may be about to change.

On May 18, 2009, Sen. Edward M. Kennedy, D-Mass., and Rosa DeLauro, D-Conn., reintroduced the Healthy Families Act (H.R. 2460), which would let workers earn up to seven paid sick days a year. Those paid sick days could be used to care for themselves or a sick family member.

“As Congress works hard to pass quality, affordable healthcare for every American, they must make sure workers are able to do the things necessary to keep themselves and their families healthy. Paid sick days benefit both workers and employers, as there is substantial evidence that it improves productivity and the bottom line,” said DeLauro in her address to the House of Representatives last week.

Our legal team will continue to watch the Healthy Families Act and how the legislation may affect your business. Check back regularly for the most up-to-date information.

Do you still show up to work when sick? Why? Do you think the U.S. should have federally mandated paid sick leave? Leave a comment and let us know what you think.

Fear, lack of paid time off drive sick employees to work

HR pros push for paid leave policies

The Society for Human Resources Management (SHRM) is leading the way in a debate over a U.S. workplace flexibility policy that meets the needs of both employees and employers. SHRM today announced its commitment to assisting in the development of a federal policy in a letter to all U.S. Senators and Representatives.

"We believe employers should be encouraged to provide the paid leave their workforces need, and let employees decide how to use it," wrote SHRM CEO and President Laurence O'Neil. "Providing some agreed-upon amount of paid leave for workers should be considered as a way for employers to satisfy federal, state and local leave requirements." (PR Newswire)

It’s predicted that Congress and the Obama Administration will promote “paid sick leave” legislation this year because many believe current labor laws have fallen behind the times. Along with SHRM, they believe the current labor laws must adapt to the changing needs of a diverse and mobile workforce.

SHRM’s “Principles for a 21st Century Workplace Flexibility Policy” was also issued to Congress and the Administration, encouraging lawmakers to create a federal leave policy that encourages employers to voluntarily provide paid leave.

"SHRM believes employers, not the government, are in the best position to know the benefit preferences of their employees," O'Neil said. "HR professionals have decades of experience in designing and implementing programs that work for both employers and employees. We're eager to share this expertise with policymakers and welcome a positive dialogue on a workplace flexibility policy for the 21st Century."

The organization seeks a federal policy that would:

• Encourage employers to offer uniform and coordinated paid leave;
• Create administrative and compliance incentives for employers who meet the leave standard;
• Provide certainty, predictability and accountability for employers and employees; and
• Allow for different work environments, industries and organizational size.

Research data also released today by SHRM reveals that most U.S. employers currently provide some form of paid vacation leave for full-time employees. The survey of more than 500 randomly polled HR practitioners showed that nine out of 10 respondents provide paid vacation leave, eight out of 10 provide sick leave and 42% offer leave through a paid time off (PTO) program for full-time employees.

"Solid benefits program makes it easier for organizations to attract and retain great employees," O'Neil said. "Both employers and employees want a workplace characterized by fairness, balance, flexibility and freedom of choice. We're ready to take the lead in working with all parties to find a solution for America's workers, their families and employers."

Do you agree with SHRM’s push for setting a new policy on workplace leave? What types of paid-time-off benefits does your organization currently offer full-time employees?

HR pros push for paid leave policies

How the new FMLA regulations affect you, free webinar

Last month, the Department of Labor released the final regulations under the Family and Medical Leave Act (FMLA) that go into effect on January 16, 2009.

This ruling marks the first set of revisions to the FMLA regulations since its enactment in 1993. As a result of the changes, new forms and posters will be required for employers subject to FMLA guidelines.

Next week, ComplyRight will be hosting a free webinar to inform you on exactly what you need to know to fully comply with the new FMLA regulations before they take effect in January.

This free webinar is packed with the latest information to keep your business in full compliance. You will learn:

• The impact the new regulations have on your business, what changed and how to comply
• Your rights as an employer under the FMLA, including methods to handle FMLA abuse
• Specific key requirements of the law
• How to modify your policies, notices and employee postings
• New rules for handling common FMLA issues, including intermittent leave, chronic conditions, light duty, supervisor access to medical information and leave for military families.

Sign up today to attend The New FMLA Regulations: What You Need to Know, presented by Wendy J. Smith, Esquire, Fisher & Phillips LLP, on Thursday, December 11, 2008 from 2 p.m. to 3 p.m. EST. Visit the registration page for more information.


Related information:


New FMLA regulations, what employers need to know

Family and Medical Leave Act Changes Q & A

How the new FMLA regulations affect you, free webinar

Obama on labor law: Preparing for change

As President-elect Barack Obama prepares to take his place in the White House, businesses across the country are considering what impact his plans will have on their organizations in the coming years.

In our existing unpredictable market, businesses should be prepared for impending changes related to wages, immigration, taxes, health care, executive compensation and benefits, civil rights and an inevitable increase in worker unionization, according to Littler Mendelson, the nation’s largest employment and labor law firm representing management, in a recent article.

“The combination of President Obama, with an electoral mandate for change from the voters, large Democratic gains in both houses of Congress, and the declining economy, sets the stage for a wave of legislative and regulatory proposals intended to protect workers in these troubled times,” Jay Sumner, a Washington, DC-based attorney at Littler said. “In the first 100 days and over the next four years, American businesses should anticipate significant changes.

“Those companies that educate themselves and prepare to navigate the changed labor and employment landscape will survive and prosper, and they should have a competitive edge over those that are caught unprepared,” said Sumner in a recent Seacoastonline.com article.

Here are the most important employment law issues we’ll be watching after Obama takes office in 2009:

Unions - The Employee Free Choice Act (EFCA), designed to make it easier for unions to organize, is the top item on the labor agenda. Obama has already pledged to sign EFCA into law once passed.

Health care - Experts predict that the Obama Administration will explore avenues to keep the current employer-provided health care system in place. Obama’s health care plan would require employers to provide health care benefits or pay a percentage of payroll to support public health care.

Immigration - The new administration will push to increase enforcement of immigration laws and hold negligent employers accountable for disregard of immigration laws and employing undocumented workers. Obama is likely to agree with past proposals requiring government contractors to use E-Verify and could extend the program if accuracy and funding issues are settled.

Minimum Wage - Obama has pledged to increase minimum wage and index it to inflation.

Time off - The Obama Administration wants to expand the Family and Medical Leave Act (FMLA) to cover smaller employers, those with 25 or more employees, and permit leave for more reasons. Obama and Congress are also considering paid FMLA leave, mandatory sick leave and flexible work arrangements.

Obama on labor law: Preparing for change

Governor signs New Jersey Paid Family Leave Bill

On Friday May 2, the New Jersey governor signed a bill that will give employees in the state up to six weeks of paid leave per year after the birth or adoption of a child or to care for an ailing relative.

The law will go into effect next year, allowing parents to take paid leave within the first year after the child’s birth or adoption. The New Jersey Paid Family Leave Bill also extends to allow paid time off to care for a seriously ill immediate family member.

Governor Jon Corzine’s decision to sign the bill was influenced by a traumatic car crash just more than a year ago that ended with Corzine in the hospital. The Governor said his family’s strong support was a major part of his recovery, but not everyone is as fortunate to have family able to be at the hospital everyday.

New Jersey joins California and Washington as the only states to offer similar family leave benefits.

A state fund will replace up to two-thirds of salary for a person on leave, no more than $524 per week. Family leave benefits will be funded through employee payroll deductions, with a maximum contribution of $33 per employee each year.

There will be a seven day waiting period for those who apply for paid family leave before they can collect benefits. Employers can require employees to use up to two weeks of unused vacation time before receiving paid family leave. One of those vacation weeks will is meant to cover the waiting period.

Employee contributions are set to being January 1, 2009, with benefits available starting July 1, 2009.

Read a past post on this topic and the fully story from the Ashbury Park Press.

Governor signs New Jersey Paid Family Leave Bill