FMLA Challenges

1. FMLA Challenges • Sample comprised of 352 randomly selected HR professionals. • Analyzing 352 responses of 1,954 emails sent, 1,827 emails received (response rate = 19%). • Survey fielded January 25 – 31, 2005; presentation generated on February 1, 2005. • Margin of error is +/- 5.0%.

2. 1. Has your organization experienced challenges in administering/granting "medical leave" under the Family and Medical Leave Act (e.g., for serious health condition, disability, pregnancy, intermittent leave, etc.)?

3. 1. Has your organization experienced challenges in administering/granting "medical leave" under the Family and Medical Leave Act (e.g., for serious health condition, disability, pregnancy, intermittent leave, etc.)?

4. 2. What challenges has your organization encountered? (Check all that apply.)

5. 2. What challenges has your organization encountered? (Check all that apply.)

6. Open-ended responses from Question 2 “Other”

7. Open-ended responses from Question 2 “Other” (continued) • Getting timely updates from employees on FMLA. • 1. Combining our already very generous sick leave with the added burden of completing FMLA paperwork when we already allow longer than 12 weeks. 2.Health care providers signing anything the patient asks and will approve time needlessly. • Supervisor training and consistent administration. • Developing consistent SOP's in the Organization and communicating to Managers and Front Line Supervisors; they often permit employees to take vacation without FMLA. • Trying to get documentation from doctor. • Failure of employee to return required documentation. • Company is less than 50 people. We want to be fair, but can't afford to have people out for extended periods. • Need to translate everything into Spanish. • Administering leave policies that adhere to both federal and various state laws. • Affect on Perfect Attendance program. • Leave not requested when it probably should be. • Privacy issues - communication with staff about the nature of the leave. We have also had some difficulty with supervisors and peers not giving a father's leave the same respect as a mother's leave after birth. • CA DFEH requirements plus CA FMLA regulations are difficult to "layer" on top of fed regulations. • Interpretation of FMLA. • We have an in-house medical clinic, which I believe greatly reduces the administration nightmare others probably experience. We also has an occupational nurse you handles all case management of medical leaves, FMLA, Disability, Worker's Comp.

8. Open-ended responses from Question 2 “Other” (continued) • An increase in the number of leaves requested and granted year to year. • Including employees who have missed time under Family Leave in perfect attendance recognition. • Supervisors/Managers understanding which leaves run concurrent, etc. We have had an increase in men interested in baby bonding, which means for most pregnancies, we have two people out instead of one (when married couples both work for the company). • Problem with director not consistently applying performance evaluations and increases to those that have been out on leave. Not getting provisional letters out in a timely manner. Not providing employees the proper documentation once leave is taken. • Inconsistent treatment across the company. • Employees refusing FMLA - lack of understanding of policy/law.