When employers take the time and effort to think about the FMLA the way the DOL does, they will reduce risk and do the right thing for employees, shareholders, and other stakeholders.
The Family and Medical Leave Act (FMLA) has made an enormous difference in the lives of many employees. Evidence also indicates that it helps employers. Like all programs that enable work-life balance, leave is especially effective in helping attract and retain talent.
But that doesn't mean the FMLA is always easy to administer. Helen Applewhaite, branch chief, U.S. Department of Labor's (DOL) Wage and Hour Division, and other experts discussed the FMLA during a recent DMEC webinar. Forty seven percent of participants said the overall process was the FMLA's most challenging aspect. About 30 percent said deciphering medical certification information presents the biggest challenge, while 16 percent found adhering to the requirements in a timely manner most difficult.
To tackle these FMLA challenges, here are a few tips for HR professionals and absence managers.
1. Think like the DOL
To take leave under the FMLA, an employee must provide evidence of a “serious health condition” provided by a medical professional. It's up to the employer to determine if the employee's condition is eligible for FMLA leave. Employers should view this medical certification information the way the DOL does, and this requires careful analysis. An incorrect decision at this stage is where potential legal and other risk starts.
2. Know the definition of 'serious health condition”
The place to begin in the analysis is to know what the DOL considers a “serious health condition.” Key information includes inpatient care, incapacity of more than three consecutive calendar days plus continuing treatment, pregnancy, a chronic condition, permanent or long-term conditions, or conditions that require multiple treatments. Crucially, incapacity does not mean being completely incapacitated. For the DOL, it means the inability to do any work or to be unable to perform any one of the essential functions of the employee's job.
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