As published in Toledo Business Journal- May 1, 2019

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66% of HR Professionals have reported having issues with chronic abuse of intermittent leave.

Managing Intermittent FMLA Leave: When Relying on the Honor System Isn’t Enough

 

by Christina Schneider

Since it was signed into law, the Family and Medical Leave Act (FMLA) has been an on-going challenge. The FMLA was designed to prevent employees from losing their jobs when forced to take time off due to their own serious health condition or that of a family member. Proper administration can be tricky. Federal regulations have attempted to close loopholes that opened the potential for abuse of FMLA absences, but navigating the guidelines can be challenging, and documentation can feel cumbersome. Having a solid program in place is essential to help reduce risks, save money and minimize disruptions.

Employer Challenges:

The vast majority of employers believe they are not capturing all the situations within their organizations that should be designated as FMLA. Lack of training/knowledge of leave laws can lead to staffing issues, mismanagement and abuse and can have a significant impact on employee morale and productivity.

Intermittent FMLA leave is especially common for chronic medical conditions, psychological or mental conditions (i.e. depression, anxiety disorders, etc.), and conditions that sometimes result in incapacity (i.e. asthma, migraines, etc.).

Although administration of intermittent FMLA remains a challenge, there are ways employers can reduce abuse and manage the process more efficiently.

1. Create leave of absence policies with established call-out procedures. Define processes while making sure policies comply with FMLA and the Americans with Disabilities Act (ADA).
2. Define practices for confirming eligibility, tracking use, and enforcing call-out procedures. Proper tracking is key and can reveal patterns or trends suggesting abuse.
3. Request certification from a physician which is critical for intermittent leave. Ensure certification includes a statement of medical necessity of leave and the likely duration and frequency.
4. Require use of concurrent Paid Time Off. If you do not require use of concurrent leave, you may risk an employee using more than the allotted 12 weeks of leave.
5. Manage and schedule leave to reduce disruption to the business. Ask employees to schedule leave so that it does not unduly disrupt business operations and work together to create a consistent schedule (if possible).

If it seems too daunting, don’t hesitate to seek help. There are several outsourced solutions that can reduce staffing costs through a more efficient and automated process. Although administering FMLA intermittent leave isn’t always easy, if done correctly, it can help employees when they need it most—while minimizing disruption and reducing abuse.

Note: This communication is for informational purposes only. Although every reasonable effort is made to present current and accurate information, Oswald makes no guarantees of any kind and cannot be held liable for any outdated or incorrect information.