Under the Family and Medical Leave Act, there are specific provisions that an employer must follow when it comes to leave management, but it's not always that easy.
There are also state regulations, municipal laws and even individual corporate policies that also interact with FMLA. When all of these layers cross over each other, it can make leave management a challenge for many employers, says Tom Klett, client innovation leader at Aon Hewitt, a human resources consulting firm in Chicago.
This is especially true among larger employers, Klett adds. Large employers often have staff members throughout the country, and when those employees span across jurisdictions, the laws can change based on location. With varying leave laws, it can make managing one work force a difficult situation.
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"If you're in a complex situation, you want to make sure you're following the letter of the law," Klett says. "Particularly between the state and federal law, there's sometimes overlap in terms of timing, availability and what takes precedent. You need to make sure you're in compliance and administer it appropriately."
And inappropriately administering leave is not something the courts take lightly, Klett says. Many FMLA lawsuits have reached the courts, and the employees often come out with hefty settlements. Some cases have even resulted in settlements totaling to millions of dollars, such as Schultz vs. Advocate Health in which the employee was awarded $11.65 million after he was unfairly penalized for taking time off to care for his aging parents.
"FMLA is a very employee-friendly law, as it should be," Klett says. "If an employer makes errors, whether they're egregious or accidental, it's a moot point in the eyes of the court."
When an employee returns to work after leave, an employer must be careful in how it handles the transition, and it should demonstrate an attitude of understanding and compassion, Klett says.
For instance, for a female employee returning to work after maternity leave, offering a flexible work schedule can help retain that employee because it allows her to return to the work force while properly caring for her newborn child, as well.
The employer should also be careful in how it communicates with an employee back in the workplace. If the employer suggests that the employee on leave left everyone in a bind, not only are there potential morale issues but it could be a violation of the Americans With Disabilities Act.
"Some employers have done a great job; other employers have a ways to go in terms of really making it a productive experience that retains a valuable employee who had a health crisis they needed to deal with," Klett says.
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