Anyone who manages employees should be trained on FMLA and ADAlaws, which other state and local laws apply, and what protocol tofollow if an employee requests leave or accommodations. (Image:iStock)

Family and medical leave policies are in flux as new state andlocal laws are enacted and employers are starting to offer bothpaid and unpaid options to their employees. Managing employee leavethat complies with federal, state and local laws is becominguntenable for HR professionals. As managing leave becomesincreasingly more difficult, HR managers are left with fewresources to support them.

Twelve states have expanded the Family and Medical Leave Act(FMLA) to add more time off or more classes of people covered. Washington, D.C., California,Massachusetts, New Jersey, New York, Rhode Island, and Washingtonhave laws covering paid family leave. The city of San Franciscoenacted an ordinance forcing employersto provide supplemental compensation in addition to what ismandated under California law so that the employees receive up to100 percent of their normal weekly wages during six weeksof parental leave.,

Five states currently require paid sick leave. A small number ofstates provide a limited number of hours annually for parents toattend school-related events and activities for their children.

As you can see, there are many overlapping laws for employers totrack, understand and attempt to manage. HR managers may rely onthe Society for Human Resource Management (SHRM) ortheir insurance broker for updates, but this method obviously isnot foolproof.

Complicating matters more is that often, managers without HRexperience are tasked with handling leave questions and issues,which could prove difficult. Managing employee leave is easy tomess up, and the consequences can be costly.

In one lawsuit from 2015, an employee sued her employer forviolating both the Americans with Disabilities Act (ADA) and FMLA.In total, the employer paid $956,538 in back pay, legal fees andfines.

Individual managers and supervisors can also be sued for theirpart in mismanaging leave. There's also an intangible price to pay:Employers who become embroiled in an employee leave lawsuit likelyface a dip in employee morale that could hinder hiring andpermanently mar company culture.

Anyone who manages employees–whether they work in HR ornot–should be trained on FMLA and ADA laws, which other state andlocal laws apply, and what protocol to follow if an employeerequests leave or accommodations.

Outsourcing leave management to a third partyadministrator (TPA) can help relieve busy HR staff from trackinglaws and managing leave policies across a company. Typically TPAsassume the risk involved in managing leave; they're experts andtake full responsibility should a misstep occur.

Beyond that, a TPA managing leave can keep updated records onemployee leave, stop costly abuse and misuse of leave, walkemployees through the process and determine eligibility. The TPA isresponsible for providing relevant forms to employees, determiningeligibility and handling communication throughout leave. They canprovide training to managers to educate them on what constitutesfamily or medical leave and how employees can start theprocess.

Family leave laws will continue to evolve across the country;new laws are enacted and others continue to change, which will makemanaging the process more and more difficult for HR. The financialand cultural risk across many companies is too high and the bestway to successfully manage risk is to outsource it to experts inthe field.

Jason Crawford is vice president, seniorbenefits consultant for Corporate Synergies, which reduces health care coststhrough research, plan options, claims analysis and diligentnegotiations. He assists in designing, mediating, implementing andservicing employee benefits plans. He brings more than 15 years ofbusiness consulting experience to his role.

Read more: 

• How close are we to a federal paid family leavelaw?
• Employee access to health insurance, paid leaveincreasing
• 5 steps to reduce FMLA compliancerisk