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MARSH & McLENNAN AGENCY LLC
Managing Leaves of Absence
Sue Mathiesen, Director of Research
September 2015
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Agenda
The Big Picture
Family Medical Leave Act (FMLA)
Americans with Disability Act (ADA)
State Law
Should Your Organization Outsource?
Best Practices for Leave of Absence Administration
Concluding Thoughts
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Why Are We Here? Why Absence Management?
It’s getting more and more complicated
Employees are gaming the system
Increased oversight, liability concerns From the DOL on the FMLA
From the EEOC on the ADA
Outsourcing solutions are evolvingLower minimum group size and lower price points
Employers with benefit administration can feed required data
Lots of different options available
Employers recognize the need to improve processCost associated with employee abuse and mismanagement
Liability related to compliance failures under the FMLA and ADA
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Really, What’s So Complicated?
Employee Calls in Sick or Injured…What needs to happen?Employee Calls in Sick or Injured…What needs to happen?
If injured, was it a workplace injury?If injured, was it a workplace injury?
Supervisor needs to be contacted – replacement labor needed
Supervisor needs to be contacted – replacement labor needed
Duration of time off?Duration of time off?
Does FMLA apply?Does FMLA apply?
Does employer PTO/sick leave apply?Does employer PTO/sick leave apply?
Should STD paperwork be sent?Should STD paperwork be sent?
Does state mandated disability apply?
Does state mandated disability apply?
Do any state leave laws apply?Do any state leave laws apply?
Do any city leave or paid leave laws apply?Do any city leave or paid leave laws apply?
A “yes” answer to any of these questions triggers specific paperwork, recordkeeping and communication.A “yes” answer to any of these questions triggers specific paperwork, recordkeeping and communication.
When employee should return to work or ineligible for FMLA leaveWhen employee should return to work or ineligible for FMLA leave
Does the employer need to engage in an interactive process under the ADA?Does the employer need to engage in an interactive process under the ADA?
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Top Employer Priorities – Absence Management
0% 50% 100%
Integrating absence management with healthmanagement programs
Managing ADA Compliance
More effective tracking/reporting sick days
Implementing consistent RTW approach
Redesigning plans to reduce cost
More effective tracking/reporting fordisabilities
Measuring and reducing impact of absenceson operations
Improving FMLA administration
27%
27%
28%
28%
30%
31%
43%
43%
Source: 2013 Survey on Absence and Disability Management, Mercer
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Liability is a Big Deal
FMLA and ADA compliance failures are key focus of the DOL and EEOC
Are you covered for potential lawsuits?
How do you plan to finance a potential lawsuit?
Look under Management Practice CoverageEmployment Practice Coverage
Covers Managers, Directors, and Officers of Organizations
Protects against wrongful employment acts (discrimination, harassment and so on)
Most policy terms and conditions include coverage for FMLA and ADA lawsuits
Covers attorneys fees and potential judgment
Not automatically included – important to check that you have it
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What Risk? - Losing an FMLA Case at TrialAssumes: $40,000 / year salary, 2 years of unemployment until trial
DAMAGES ITEM COMMENT TYPICAL AMOUNT
Back pay - 2 years Common award in termination case – lost wages up to date of judgment
$80,000
Front pay – 1 year Awarded if employee has not yet become re-employed at time of judgment – lost wages looking forward
$40,000
Pre-judgment interest – onback pay only
Always awarded; rate and whether compounded varies; estimate here
$8,000
Liquidated damages Similar to punitive damages – equal to amount of front/back pay plus pre-judgment interest
$128,000
Plaintiff’s attorney’s fees and costs
Employer pays if employee wins $125,000
Employer’s est. attorney’s fees and costs
Employer always pays (and is usually larger than employee’s fees)
$125,000
TOTAL $506, 000
See Brown v. Nutrition Management Services Co. (E.D. Pa. 2009)
Source: 2015, The Reed Group
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Recent EEOC Challenges
EMPLOYER DATE OF
CONSENT DECREE
AMOUNT CHALLENGED PRACTICE
Verizon Communications July 2011 $20 millionDisciplining or terminating disabled employees when they reached limits of “no fault” attendance plans without considering additional time off as an ADA accommodation
Supervalu, Inc., Jewel Food Stores, Inc. and related companies
January 2011 $3.2 millionTerminating employees with disabilities who were not 100% recovered at the end ofmedical leaves of absence without considering return to work with a worksite accommodation
United Airlines December 2010 $600,000Requiring reservation sales reps on disability leave either to retire or go out on extended leave, then terminating them when leave ran out without consideration of reduced hourly schedules as a reasonable ADA accommodation
Sears, Roebuck and Co. Late 2009 $6.2 millionTerminating employees following exhaustion of workers’ compensation leave without engaging in the interactive accommodation process to consider workplace accommodations or leave extension as an accommodation
Source: 2015, The Reed Group
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Absence Management Highly Technical
Absence management has become highly technicalCompliance requirements related to FMLA and ADA
State laws/city laws complicate matters
Policy requirements – steps that carriers will require
Return to work (RTW) process
Employees have learned how to game the system
Most employers want to improve their LOA processDifferent departments manage different aspects - siloed
Concerned about what can be done without running afoul of legislative or carrier requirements
More interest in outsourcing to gain expertise
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What Is MMA-MI’s Role?
Tough one – FMLA and ADA are employment laws with benefit implications
We review outsourcing options / manage implementation
Fluid market – we are focusing on vendor capabilities in the market
National MMA resources for policy review
We will doing workshops on absence management in 2016 to help clients interested in improving LOA
We are not employment law specialists – you will need to leverage employment law specialist for compliance issues
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Summary Thoughts
Imperative that employers understand the compliance requirements related to leaves of absence
Best practices can be adopted that will:Improve compliance with legislative requirements
Help identify potential employee abuse patterns
Reduce length of disability-related leaves
Improve employee accountability for following the process
Employers may be interested in outsourcing part or all of leave of absence management
Fourth quarter might not be best time to embark on improving the LOA process
Start process in first quarter 2016
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Agenda
The Big Picture
Family Medical Leave Act (FMLA)
Americans with Disability Act (ADA)
State Law
Should Your Organization Outsource?
Best Practices for Leave of Absence Administration
Concluding Thoughts
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In General
FMLA provides eligible employees of covered employers to take unpaid, job-protected leave:
For reasons permitted under the law
Allows employees to continue health insurance under the same terms of an active employee
Most leaves 12 weeks permitted per 12-month leave year
FMLA is detailed with many responsibilities
This section will provide:Overview of FMLA
Notice Requirements
Administrative Challenges
Interaction with STD, PTO and Workers Compensation
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FMLA Overview
FMLA is tough to manage
Need to understand how to determineWhat employees are covered?
What leaves are covered?
How to determine leave time available?
Employer requirements to continue health coverage
Employer requirements to reinstate job
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Covered Employers
Employer who employs 50 or more employeesMeasured based on each working day for 20 or more weeks in the preceding calendar year
Public agencies and public schools are subject to the FMLA regardless of number of employees
Integrated employer test - when you need to combine entities to determine if 50 threshold is met
Look at common management, interrelation between operations, centralized control of labor relations, degree of common ownership
Joint employer situations – add complexityPrimary employer – notices, provides leave, continues benefits, job restoration
Secondary employer – accept employee returning from leave
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Covered Family Members
Spouse – defined by Federal law – state of ceremonyIncludes same-sex spouses
Parents – biological, adoptive, step or foster; anyone who in loco parentis to employee – NO INLAWs
Son or daughter – biological, adopted, step or foster, a legal ward or child of a person standing in loco parentis
Must be under 18
May be over 18 if incapable of self-care because of a physical or mental disability
Next of kin of a covered service member – nearest blood relative other than spouse, parent, son or daughter
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Eligible Employees
Three step determination:Step 1: Has employee been employed for at least 12 months?
• Employment periods before a break in service count if break in service less than 7 years (does not need to be consecutive)
• Two exceptions – break required for military service or longer break allowed if addressed in written agreement
Step 1: Has employee been employed for at least 12 months?• Employment periods before a break in service count if break in
service less than 7 years (does not need to be consecutive)• Two exceptions – break required for military service or longer break
allowed if addressed in written agreement
Step 2: Has employee been employed for at least 1,250 hours of service during the 12 months immediately preceding leave commencement?
Step 2: Has employee been employed for at least 1,250 hours of service during the 12 months immediately preceding leave commencement?
Step 3: Does employee work at a worksite where 50 or more employees are employed by the employer within a 75-mile radius? (tested on date of leave request)
FMLA does not apply to worksites with fewer than 50 employees within a 75-mile radius (even if employer has over 50 employees)
Employers are not obligated to extend FMLA protections to employees at these smaller worksites
Step 3: Does employee work at a worksite where 50 or more employees are employed by the employer within a 75-mile radius? (tested on date of leave request)
FMLA does not apply to worksites with fewer than 50 employees within a 75-mile radius (even if employer has over 50 employees)
Employers are not obligated to extend FMLA protections to employees at these smaller worksites
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Reasons for Leave
Birth of a son or daughter or to care for a newborn child Birth of a son or daughter or to care for a newborn child
The placement with the employee of a son or daughter for adoption or foster careThe placement with the employee of a son or daughter for adoption or foster care
To care for the employee’s spouse, child or parent with a serious health conditionTo care for the employee’s spouse, child or parent with a serious health condition
Due to an employee’s serious health condition that renders the employee unable to perform the functions of the employee’s jobDue to an employee’s serious health condition that renders the employee unable to perform the functions of the employee’s job
Due to a qualifying exigency of employee’s spouse, child or parent as a covered military member in support of a contingency operationDue to a qualifying exigency of employee’s spouse, child or parent as a covered military member in support of a contingency operation
To care for a covered service member with a serious illness or injury –26 weeks permittedTo care for a covered service member with a serious illness or injury –26 weeks permitted
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Maximum Leave Duration
12 weeks (26 weeks military caregiver leave) of FMLA per 12 month period (leave year)
Employer must designate how leave year determinedRolling “look-back” – 12 month period measured by looking 12 months back from first day of leave
Rolling “forward” - 12 month period measured from first day of FMLA leave
Calendar year or any fixed 12 month period
If not designated in employer policy, defaults to the leave year most favorable to employee
Beware of stacking – not possible with rolling look-back
Different leave year, different results
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Rolling Look back• Employer would look back 12 months from second leave (6/1/15 to 6/1/16) to
determine eligibility for second leave (12 weeks used in that timeframe)
• 0
For Example….Assume Eligible FMLA Leaves
Fixed Year (calendar year) – second leave approved• 12 weeks used in 2015
• 10 weeks used in 2016
Rolling Forward• Employer rolls forward 12 months from first leave (8/1/2015 – 8/1/2016)• If still an employee, if FMLA request made 8/1/2016, then recoupment of
leave would allow FMLA from 8/1/2016 to 9/15/2016
Second Leave
Second Leave
Second Leave
First leave 8/1/2015 – 10/31/2015
Second leave 6/1/2016 – 9/15/2016
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Employer Requirement to Continue Coverage
Health plan benefits must be maintained as if employee is active
Can require employee to pay their contribution to continue coverage
Employee can choose not to continue coverage
No other continuation or accrual of any other benefits required (vacation, sick time or seniority)
Some employers voluntarily extend life, disability and so onIf employee contributions required, make sure to determine the method for payment
Once employee returns to work, all benefits must be restored at the point of return
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Employer Requirement to Reinstate Job Position
Upon return from FMLAEmployee must be restored to an equivalent position
Position must have equivalent benefits, pay and other terms/conditions
Leave cannot result in the loss of any employment benefit accrued before the date the leave began
Employer may not have to accrue benefits or seniority on leave Unless union agreement requires accrual during FMLA
Employer credits seniority under other leaves
Non-performance bonuses may have to be paid – can’t penalize for FMLA
Perfect attendance bonuses or safety bonuses
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Employers Don’t Have to Reinstate
But it can be tricky – employer can terminateLayoff – if an employee would have been laid off if he/she had not been on leave
TerminationIf employee would have been terminated for poor performance or violating company policy
Fraud – employee fraudulently obtains leave
If employee violates an employment policy while on leave
If employee fails to provide a required fitness for duty certification
Take care here – adverse employment actions could be seen as retaliation for taking FMLA
Make sure your actions are consistent with other policies and past practices
Make sure you have documented performance concerns and any other reason for termination
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Employer’s Rights Under FMLA
Right to get advance notice (30 days) if foreseeable
Right to get immediate notice if leave not foreseeable (no more than one or two working days if possible)
Right to get medical certification for SHC (serious health condition) and re-certifications when needed
Right to get clarification and authentication of SHC
Right to get a second or third medical opinion if necessary
Right to delay FMLA leave if timely medical certification is not provided
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Employer’s Rights Under FMLA
Right to require employee to report on status periodically
Right to insist employee try to schedule intermittent leave to avoid disrupting employer operations
Right to transfer an employee to another position to accommodate an intermittent leave
Right to require a fitness to return to duty report
Right to require an employee use vacation or sick leave concurrent with FMLA (must be same as similar leaves)
Right not to reinstate key employee (if rules followed)
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Potential Penalties/Enforcement
DOL has investigative authority – potential for individual liability
Civil actions can be filed by employeesLoss of wages, benefits or other compensation
Monetary loss sustained by employee as result of violation
Equitable relief, including reinstatement and promotion
Attorney and court fees
2-year limit on filing actions; 3-years if willful violation
Employer can’t discriminate against employeeWho has filed charges or instituted proceeding related to FMLA
Who provided information or testified at FMLA inquiry
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What is Being Asked For in a DOL Audit?
Listing of FMLA requests/approvals/denialsListing of FMLA requests/approvals/denials
Legal business names, DBAs, and EIN. Contact information for business owners/company officersLegal business names, DBAs, and EIN. Contact information for business owners/company officers
Contact information for all FMLA administratorsContact information for all FMLA administrators
Start and end date of leave yearStart and end date of leave year
Copies of all FMLA/non-FMLA policies/distribution processCopies of all FMLA/non-FMLA policies/distribution process
Copies of all FMLA forms and FMLA lettersCopies of all FMLA forms and FMLA letters
All present and former employees with contact informationAll present and former employees with contact information
Timecards/payroll records which show gross/net wagesTimecards/payroll records which show gross/net wages
All independent contractors, subcontractors, day laborersAll independent contractors, subcontractors, day laborers
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Summary Insights
FMLA adds a lot of responsibility to employers’ plates
DOL is actively auditing FMLA administrationIt is a fundraiser
Standard response time for an FMLA audit – 72 hours
Sample audit letter on the secured webpage
Be wary of offering FMLA when technically does not applyTo an employee at a worksite with fewer than 50
This is seen as violation of FMLA – it can’t be counted as FMLA leave when employer actually is subject to FMLA (more than 50)
Offer similar leave, just call it something other than “FMLA”
Documentation is critical with all things FMLA
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Employer Notice Requirement
DOL requires employers to communicate FMLA rights
A number of notices required, they fall into 3 general categories
New Model Forms posted end of May 2015 -http://www.dol.gov/whd/fmla/
1. General Notice to employees of FMLA Rights
2. Notice of Eligibility, Rights and Responsibilities
3. Designation of FMLA leave
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General Notice
FMLA Rights PosterMust post even if you don’t have eligible employees
FMLA Policy General description of FMLA policy must be provided at time of hire
Can be provided within an employee handbook
Can be provided separate from the employee handbook
Electronic posting of the policy permitted ifPosting is conspicuous on employer’s website
Accessible to all applicants and current employees
All employees have access to computer at workplace
If electronic requirements not met, paper copy must be provided
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Notice of Rights and Responsibilities
This notice is delivered when employee requests FMLA or employer suspects FMLA applies
Employer requirementsMust provide employee with this Notice within five business days along with Serious Health Condition (SHC) Certification forms
Notify employees whether they meet the eligibility requirements for an FMLA leave and if not, why
Refer employee to employer’s leave policies, including any paid leave rules
Notify the employee that paid leave may be designated and counted against any FMLA entitlement
Notify the employee of right to maintain benefits, payment options and your right to recover premiums if employee does not return
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Designation of FMLA leave
The employer must provide the designation notice within five business days
Must indicate if the reason for leave is qualifying
Must includeIf leave is qualified, the number of hours, days or weeks that are designated as FMLA leave
If not qualifying, the reasons why
Return to work requirements or fitness for duty certification requirements (list essential job functions)
If the amount of time unknown, employer has to provide number of hours counted toward FMLA every 30 days
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Timing Rules of Various Notices
At Time of Hire
Specific rules apply to requesting recertificationFailure to provide SHC – deny or delay FMLA leave
Employers can provide more time - be consistent
Within 5 Days of Request
ER Must Provide 15 days
Allow 7 Additional Days
At Approval or Every 30 Days
Can Request Every 30 days
EE Must Provide 2 Days
FMLA Policy
Completion of SHC
Incomplete SHC
Designation of Leave
Recertification
Notice of Return to Work
Notice of Rights/Responsibilities
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Summary Insights
The last round of guidance (2009), the DOL emphasized the importance of communication related to FMLA
Critical to make sure You are providing all the required notices in the required timeframe
You are giving employees the required time to return and complete forms
You are clearly communicating with employees during the process
You are documenting all communications
Failure to receive information needed to approve leave allows the employer to delay or decline request
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ER Administrative/Compliance LOA Difficulties
0% 10% 20% 30% 40% 50% 60%
None
Obtaining Expert/Legal Advice
Evaluating Clinical Reasons forLeave
Managing/Tracking ADA
Managing/Tracking IntermittentLeave
Training Staff on How to BetterManage Leave/Absences
27%
11%
11%
28%
45%
54%
*Source: 2013 Survey on Absence and Disability Management, Mercer
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Number of Challenges for FMLA Administration
Determining a serious health condition
Collecting payment/COBRA interaction
Intermittent leave management
Tracking time off related to FMLA
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Serious Health Condition (SHC)
Means an illness, injury or impairment or physical or mental condition that involves
Inpatient care (overnight stay in medical facility) or
Continuing treatment by a health care provider
Incapacity means inability to work, attend school or perform other activities due to SHC, treatment or recovery
Treatment includes, but is not limited to, examinations to determine if SHC exists and evaluations of condition
Use DOL’s Certification of Employee’s Serious Health Condition (Family and Medical Leave Act)
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Incapacity and Treatment
Incapacity for at least 3 or more consecutive, full calendar days and treatment by a health care provider
Treatment 2 or more times within 30 days of incapacity unless extenuating circumstances exist or
Treatment at least once by health care provider that results in regimen of continuing treatment (can be with prescription drugs)
Treatment by a health care provider means an in-person visit; the first in-person visit must take place within 7 days of incapacity
Extenuating circumstances means circumstances beyond the employee’s control which prevent a follow-up visit to physician
Any incapacity due to pregnancy or prenatal careIncapacity or treatment for serious chronic conditionsPermanent or long-term conditionsConditions requiring multiple treatments (chemotherapy)Substance abuse treatment
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Birth/Adoption of a Child
Both mother and father are entitled to FMLA for the birth or adoption of a child (bonding time)
If both parents employed by the same company, company can limit FMLA to 12 weeks combined for mom and dad
Both get 12 weeks if child born with SHC
Leave must be completed 12 months from DOB
FMLA leave may begin before birth, for prenatal care and if her condition makes her unable to work (automatic)
Husband can take FMLA to care for incapacitated spouse
Can include time to recover from miscarriage
FMLA can be taken before adoption, if needed for adoption, such as counseling or legal proceedings
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More on Chronic or Permanent Conditions
A chronic SHC meets the followingRequires periodic visits (at least twice a year) for treatment by a health care provider
Continues over an extended period of time
May cause episodic rather than a continuing period of incapacity
Includes conditions like asthma, diabetes, epilepsy
Permanent or long-term health conditionsMight be under continuing supervision rather than treatment
Alzheimer’s, serious stroke, or terminal stages of a disease
Conditions requiring multiple treatmentsChemotherapy, radiation, severe arthritis, kidney disease
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Who Can Be a Health Care Provider?
Doctors of Medicine and Osteopathy
Podiatrists
Dentists and Optometrists
Clinical Psychologists and Social Workers
Certain Chiropractors
Nurse Practitioners, Physician Assistants and Nurse Midwives
Certain Christian Science Practitioners
Foreign Doctors
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Rules on SHCs
Employer verifies SHC by requesting the completion of an SHC certification
You can only ask for the information that is included in the SHC form - you can’t request information beyond that
You could forgo an SHC form if you get the information needed from an STD claim
Employers can contact physicians to clarify the details on an SHC
Can explain key job functions and ask how SHC impacts ability to do the work
Employer can require an employee to provide a HIPAA authorization so the employer can contact physician
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Re-certifications
Employers can request re-certifications in some situationsEmployer can’t request a re-certification during the initially approved FMLA leave timeframe
Once the initial time period ends, the employer can request a re-certification every 30 days
Employer can request more frequently if the circumstances of leave change significantly or employee requests extension of leave
Example: Employee approved for 4-week FMLA. The purpose is for knee surgery and rehabilitation. At the beginning of the third week, the employee shows up to play left field for the company softball team. Things that make you go…HMMM…Employer can request a re-certification.
Example: Employee approved for 4-week FMLA. The purpose is for knee surgery and rehabilitation. At the beginning of the third week, the employee shows up to play left field for the company softball team. Things that make you go…HMMM…Employer can request a re-certification.
Example: Employee approved for intermittent leave for migraine headaches. Reviewing the leave patterns, the employer discovers the employee only takes intermittent leave on Fridays and Mondays. Employer can request recertification and ask provider if the Friday/Monday pattern is supported by medical need.
Example: Employee approved for intermittent leave for migraine headaches. Reviewing the leave patterns, the employer discovers the employee only takes intermittent leave on Fridays and Mondays. Employer can request recertification and ask provider if the Friday/Monday pattern is supported by medical need.
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Summary Insights
Verifying an SHC is tough – DOL has separate forms for employee, family members and service members
Use the DOL forms – you could violate the FMLA if you request information beyond what is permitted
Employers can request second and possibly third opinionsEmployer can choose physician for second opinion (can only be a physician they use for other purposes if located in a rural area)
Employer must pay for second opinion
If second opinion agrees with first, employer must approve leave
Third opinion is always a tie-breaker, must agree on physician
Employer can conditionally approve leave while additional opinions are sought
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How Can Employees Pay for Coverage?
If leave is paid, payroll deductions can continue
If leave is unpaid - three potential options
FMLA and 125 allows employees to revoke coverage at beginning of FMLA leave
Coverage must be reinstated upon return
Pay As You Go – Post-Tax
Catch – Up Contributions Upon Return
Pre-Payment – Pre-Tax (don’t straddle plan years)
1.
2.
3.
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What if Employee Does Not Pay?
At a minimum, employer must offer a 30-day grace period
In order to terminate coverage after grace periodEmployer must provide notice payment was not received at least 15 days before end of the grace period
Notice must include the specific date that coverage will be terminated for lack of payment (at least 15 days from date of letter)
Employer can retroactively terminate back to date premium was due, if this is how the employer handles the situation for other leaves
Without such policy, coverage terminated at the end of grace period
Employer can recover their premiums paid if employee fails to return to work at end of the leave
Reserve the right in their FMLA policy
If failure to return not due to a medical condition or circumstances beyond employee control
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What About COBRA? Tricky, Tricky, Tricky
COBRA requiresA qualifying event and
A loss of coverage
Most cases, the beginning of the leaveQualifying event – reduction of work hours
But no loss of coverage (even if employee revokes )
COBRA applies at the end of leaveStill have the qualifying event – termination of employment
Loss of coverage occurs when employer is not obligated to reinstate coverage upon return
Qualifying event date – Date EE failed to return from FMLA
One of few situations where gap in coverage can occur
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Summary Insights
Last day of FMLA leave importantWhen employee exhausts 12 week allotment
Sooner if the employee advises you definitively that he or she is not returning from an FMLA leave
Qualifying event date is the last day of the leave
All COBRA notifications must be sent
Maximum benefit period should be measured from the qualifying event date (not loss of coverage date)
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Intermittent Leave/Reduced Schedule
Applies to most FMLA leaves (not required for bonding leave with a healthy child)
Leave must be predicated on need for intermittent treatmentChemotherapy
Prenatal doctor visits/severe morning sickness
May be used for physical care/psychological comfort
Employee must make a reasonable effort to schedule treatment to not disrupt employer operations
Employer can reassign if intermittent leave is based on planned medical treatment
Alternate position must have equivalent pay/benefits
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More on Intermittent Leave
Make sure your organization provides written confirmation of all time that is being counted as FMLA
You can require employee to follow your normal “call in” procedures
Employee fails to follow reporting procedure, absence can be counted as unexcused
Employers must make exceptions if the facts and circumstances warrant
Make sure you clearly communicate “call in” procedures when training new employees
Do not establish a pattern of approving absences when the normal “call in” procedures not followed
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What Can You Do With Suspected Abuse
Employers need to tightly manage intermittent leavesRequire employee to follow normal “call in” procedures (must educate employees on “call in” procedures)
Confirm eligibility at each request (check the 1,250 hour requirement in most recent 12 months)
Confirm FMLA time is available, not exhausted
Request re-certification whenever possible
Examine patterns of request – weekend wraps are a red flag – ask physician to verify illness required Friday/Monday absences
Train supervisors on importance of following rules – do not allow anyone to deviate from normal “call-in” procedures
FMLA is very employee friendly – tightly manage to discourage potential abuse
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Counting Time
Employer must count time in the lowest increment used to account for other leaves
No greater than an hour
FMLA leave time can’t be reduced for more time than the employee has actually taken
Actual work week should be used when determining leave taken Assume employee normally works 40 hours per week
If employee takes 8 hours of FMLA, that is 1/5th of an FMLA leave week
If hours vary, use an average of the preceding 12 months to determine average work week
Generally, employers can count holidays as part of FMLA if they occur when employee is out, but not with intermittent leave
Employers can’t count total operation shut downs if they last a week or more
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How Do You Tag FMLA Time?
Most employers do not have a consistent method for documenting time used as FMLA
Many employers have decentralized, paper process that maintains FMLA time documentation
Problematic especially if process is decentralized or not consistently followed
Difficult to review FMLA time usage, patterns and any other information related to FMLA leaves
Employers should try to create a database of FMLA time used
Necessary if an employer decides to outsource FMLA –historical leave use needed
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Summary Insights
Intermittent leaves drive employers crazy
Set up a process and procedures for managing the intermittent leaves – and follow them
Your FMLA policy should prohibit FMLA fraud and specifies the penalty for the offense (termination)
Employers can investigate suspected fraud with the FMLA
Employers can terminate if they can prove fraudulent use of the FMLA
If the potential misuse of FMLA is not particularly clear cut, consult an attorney
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FMLA and Other Leaves – in Silos, But Overlap
Paid Leave
Can allow employee to take paid leave concurrent with FMLA
Can require an employee take paid leave if required for other unpaid leaves
Must clearly notify employees and must be in FMLA policy
Paid Leave
Can allow employee to take paid leave concurrent with FMLA
Can require an employee take paid leave if required for other unpaid leaves
Must clearly notify employees and must be in FMLA policy
Short Term Disability
Typically STD would be considered FMLA
Two different definitions of disability
For example, disability may only pay 6 weeks for birth of child but employee can take 12 weeks FMLA (no pay the second 6 weeks)
Short Term Disability
Typically STD would be considered FMLA
Two different definitions of disability
For example, disability may only pay 6 weeks for birth of child but employee can take 12 weeks FMLA (no pay the second 6 weeks)
Workers Comp
SHC can occur “on or off” job
Can designate workers comp leave as FMLA
Can’t force employee into light duty if protected by FMLA
Can discontinue workers comp benefits if light duty is declined
Workers Comp
SHC can occur “on or off” job
Can designate workers comp leave as FMLA
Can’t force employee into light duty if protected by FMLA
Can discontinue workers comp benefits if light duty is declined
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Summary Insights
STD, FMLA, workers comp are rooted in an inability to work due to a health condition, but benefits differ
It is critical that you understand they may have different definitions of disability, timeframes for leave and so on
In some cases, benefit protections overlap and in some cases they may not
Understand how each program works independent of FMLA
Make sure you document your choice to run leaves concurrently in policies (i.e. workers comp runs concurrent with FMLA)
Best to evaluate each situation and potential benefit plan/legal requirement that may apply
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Agenda
The Big Picture
Family Medical Leave Act (FMLA)
Americans with Disability Act (ADA)
State Law
Should Your Organization Outsource?
Best Practices for Leave of Absence Administration
Concluding Thoughts
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ADA
Federal law that protects rights of people with disabilities
Prohibits employers from discriminating against people with disabilities
Applies to all employers with 15 or more employees
Requires employers to provide reasonable accommodations to disabled employees
Expansion to the ADA in 2009 – broadened the law’s applicability
Today’s focus – the ADA and concerns related to leaves of absence
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Expanded Definition of Disability
Basic definition – an impairment that substantially limits one or more major life activities, a record of such impairment or being regarded as having impairment
Changes in 2009 significantly broadened interpretationsClarified major life activities, added major bodily function category
Lowered the threshold of what substantially limits a major life activity
Established episodic impairment or impairment in remission as a disability if impairment substantially limits major life activity
Redefined who is regarded as having a disability
Dictated that disability determinations be made without consideration of the effects of mitigating measures (like medication, hearing aids)
Employers must provide accommodations unless it causes an undue hardship
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What Employers Must Do
Look at each individual based on their own impairment or disability
Must assess the essential job functions of that employee’s position
Must engage in an interactive process with the employee to identify a possible accommodation
Must determine if any reasonable accommodations apply to individual
Must be ready to prove an undue hardship if they decide to deny an accommodation
1.
2.
3.
4.
5.
2.
3.
4.
5.
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The ADA Process
Request from an employee (related to a leave or non-leave related)
Engage the employee to educate, assist and define accommodation needs
Review essential job functions and job description and provide to employee
Medical review-certification review with health care provider
Employer documents job options, certification, notes, actions and follow up
Employer and employee work together - interactive process
Communicate decision to employee and document interactive process
1. Initiate accommodation
2. Evaluate3. Track4. Follow-up
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Key Items to Check
Do you document your ADA procedures?
Do you have a fixed date that employment terminates?Don’t jump to terminate or deny accommodations
Do you have job descriptions that detail the necessary functions of position?
Are accommodation decisions made centrally?Always put forth a good faith effort when considering requests for accommodations
Do you request medical documentation before approving an accommodation?
Do you engage in an interactive process with employees?
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Things to Consider
How do you train managers, supervisors and HR staff?
How do you document a request for an accommodation?
How do you make the decision to grant an accommodation or document the denial of request due to undue hardship?
Do you have legal counsel assist you in making difficult judgment calls relating to accommodations?
How carefully do you consider each request for accommodation?
How do you communicate with employee?
How do you make sure you consider all possible accommodations?
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Got Cash?
ADA is one of the EEOC’s six national priorities
EEOC statistics260 investigations in 2014
118 found employer discrimination (45% of all investigations)
EEOC aggressively pursuing discrimination claimshttp://www.eeoc.gov/eeoc/newsroom/index.cfm
Penalties of $109.2 M in 2013
Unlike DOL audits where they recommend corrective actions, EEOC investigations result in penaltiesBig penalties
$6.2M Sears Holding (235 plaintiffs)
$3.2M SuperValue (110 plaintiffs)
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Summary Insights
The interactive process is critical, especially when someone is returning from or not returning from leave
Job Accommodation Network (JAN) is DOL's Office of Disability Employment Policy
Provides information on the employment provisions of the ADA and other disability-related laws
Help on specific job accommodations for people with disabilities
JAN can be contacted by calling 1- 800-526-7234 or 1-800-ADA-WORK (1-800-232-9675) (V/TTY).
Engage an outside expert – accommodations are judgment calls
Many disability carriers provide access to experts free with your coverage – ask your carrier if they offer this service
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Agenda
The Big Picture
Family Medical Leave Act (FMLA)
Americans with Disability Act (ADA)
State Law
Should Your Organization Outsource?
Best Practices for Leave of Absence Administration
Concluding Thoughts
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State Law is A Mess
Employers need to be aware of state / local laws that impact leave of absence
Challenge as there are over 240 laws that could impact leave of absence
Wait…last I checked there were only 50 states…what?
Laws that impact Leaves of Absence come in many varietiesState FMLA-type laws (more generous than FMLA)
State mandated disability laws
State ADA laws
Pregnancy Nondiscrimination laws
State paid leave laws
City or municipality laws that address leave requirements, paid leave and disability leave rules
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State Law Activity is Increasing
14 states have state FMLA laws or proposed amendments
20 states have proposed paid sick leave laws
11 states have proposed military leaves
11 states have proposed crime victim leaves
Source: 2015 July, the Reed Group
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State Mandated Disability
Several states/territories have state mandated disabilityCalifornia
Hawaii
New Jersey
New York
Puerto Rico
Rhode Island
You need to address if you have employees in these states
States and carriers approach differentlySome states require participation in state plan
Some states will allow approved carriers to provide state benefits
Some states require the carrier to provide state benefits
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The Potential Impact of State Law Intense
Employers need to be aware of any state or local laws that impact their employees
Resources are hard to come byState DOL contacts – http://www.dol.gov/whd/contacts/state_of.htm
Employment law attorneys
State leave laws - http://www.ncsl.org/research/labor-and-employment/state-family-and-medical-leave-laws.aspx
SHRM offers members resources State employment law charts
State Workplace Law News
Links to various state and federal website resources
Findlaw - http://employment.findlaw.com/family-medical-leave/state-leave-laws.html
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Summary Insights
State laws are often more generous than FMLA
Can’t limit your knowledge to state leave lawsState ADA
Municipal / City leave laws
State disability laws
Paid sick leave
The complexity and impact of these state and local laws are driving more and more employers to outsource
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Agenda
The Big Picture
Family Medical Leave Act (FMLA)
Americans with Disability Act (ADA)
State Law
Should Your Organization Outsource?
Best Practices for Leave of Absence Administration
Concluding Thoughts
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Outsourcing May Be An Option
The landscape is complexFMLA is a challenge-especially intermittent leaves
ADA is vague and difficult – must have interactive process
Multi-state employers struggle to keep up with impact of other laws
Market options have expanded over the last several yearsOptions through life/disability carriers
Stand alone options
Software options
Many factors determine what is available
Important - most administrators will require data feedsHistorical usage needs to be provided or start with clean slate
Data feeds from number of systems (payroll/benefits)
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Why Outsourcing Might Be For You?
HR capabilities are stretchedIncreasing leave requests or legislative activity is a burden
Staffing issues may create opportunity (your FMLA guru retiring)
Resources needed to manage processWhat is your leave activity?
How many states do you have employees?
How complex are your absence management rules?
Can outsourcing add value?Add consistency to your process
Concern about liability of current administration process
Removes you from day-to-day legwork – be involved in oversight
Allow you to be more strategic in absence management
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Can Outsourcing Save Money?
Maybe, depends how well you are administering LOASample FMLA Savings Opportunities
Current Program Metrics
Projected FMLA approved leaves (1,000 employees) 101 Leaves
Average Leave Duration 25 days
Total Days Lost 2,525 days
Total Lost Time Cost (avg. sal - $40,000) $481,348
Projections Using ABC Administration
Projected Approved FMLA (80% approval rate) 88 Leaves
Average Leave Duration 21 days
Total Days Lost 1,848 days
Total Lost Time Cost (avg. sal - $40,000) $285,615
Source: MetLife Management (ComPsych)
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Potential Savings
Lost time savings expected due to fewer approved FMLA leaves and shortened leave duration
Employer also saves administration time
If you tightly manage LOA currently, you may not see as dramatic savings
If the administrator takes liability for FMLA management, that should be a consideration as well
Potential Savings with ABC Administration
Lost Time Savings $195,733
FMLA Administration Fees $26,664
Net Potential Savings $169,069
Source: MetLife Management (ComPsych)
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Many Life/Disability Insurance Carriers Offer Help
Makes sense as many leaves are also short term disability leaves
All carriers offer different services and optionsFMLA administration
Software for administration
ADA administration or advice
Concierge service/access to experts for questions
Most carriers require the disability business or at least one line of coverage
Options limited by group size
Pricing ranges from $2 - $5 pepm
Need to consider you are tying LOA to the disability vendor
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Carriers Pricing/Size Limits/Service Options
Carrier Size Line of Coverage Options
Fees range from $2.00 - $5.00 PEPM and are based on expected incidences of FMLA claims
Aetna 300 + Fully Insured STD or ASO STD with an insured line
FMLAADA - Additional FeeStandalone Concierge
Cigna 250+ STD FMLAADA – Included in Fee
Hartford 200+ One insured line of coverage
FMLAADA – Additional Fee
Liberty Mutual 100+ One insured line of coverage
FMLAADA – Additional Fee
MetLife 500+ STD FMLAADA – Included in Fee
Reliance Standard
2000+500+
ASO or Fully Insured STD/LTD
FMLAADA – Included in Fee
Unum 100+ Fully Insured STD or LTD
FMLAADA – Additional Fee (2,000+)Standalone Concierge late 2016
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Understand What You Are Buying
Important to understand the detailsHow do they account for FMLA history in takeover? Important for history and take over of intermittent leaves
What liability do they take for their administrative issues?
What clinical resources are available for leave purposes?
How proactively is state leave law tracked and managed?
Will you have a dedicated leave management team?
What are process steps to identify abuse?
What training do they provide to staff? Managers?
What is the intake process and how are all leaves managed?
How do they address union rules? (carve-out union decisions)
Understand lead time and termination notice requirements
Understand all potential fees
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ABC Company – Cost to Outsource
ABC Company is a Manufacturer with 400 Employees (Moderate Activity)
Monthly Fee First Year Annual Cost
$3.00 Per Employee Per Month
$3,500 Implementation Fee $17,900 Annual Cost
Additional Considerations
• Implementation fees may apply (vary by vendor) and range between $3,000 - $5,000• Takeover fee for active leaves (intermittent)• Fees for formatting data files when transferring history?• Do you need ADA services? Additional fees may apply if not included in base monthly fee• Outsourcing may result in reduced incidences due to tighter policies/procedures• Understand the reports offered by vendor (track abuse, estimate direct and indirect cost of LOA)• Implementation process is intense – lots of details to consider• Coordination with State laws imperative for multi-state employers• Access to advice from experts• Who takes legal liability for administration process?
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Summary Insights
Carriers are enhancing service models all the timeSome offer training, job description support, etc.
Understand their expertiseSome carriers have built “in-house” capabilities
Other carriers outsource or share common ownership with absence management specialty venders
Costs are coming down and services are improvingIf you haven’t gotten a quote recently, might make sense to check out in the next year
Ask detailed questions – understand your responsibilities, the carrier’s responsibilities and the process
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Stand Alone Options
Creates a separate process from STD
Handful of stand alone vendors offer leave of absence management services
ADP (purchased SHPS several years back)
ComPsych
Basic
Discovery Benefits
Sedgwick
Matrix
Reed Group
Specialty vendors work only with very large groups (1,000+)
Specialty TPAs that specialize in absence management
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ABC Company – ComPsych FMLASource
ABC Company is a health care services company located in MI with 475 employees. ABC Company is a health care services company located in MI with 475 employees.
Monthly Fee Annual Cost
FMLA Administration $1.65 pepm $9,405
Non-FMLA leave tracking (jury duty, bereavement, military and so on)
$0.06 pepm per leave tracked – 3
leave types
$1,026
Start Up Fee $1,950
Total Expected Cost – Year 1 $12,381
FMLA administrative services includes verifying FMLA eligibility, facilitating certification process, communicating approvals/denials, tracking employee requests and leaves, evaluating state leave law potential, providing return to work assistance and utilization reports.
FMLA administrative services includes verifying FMLA eligibility, facilitating certification process, communicating approvals/denials, tracking employee requests and leaves, evaluating state leave law potential, providing return to work assistance and utilization reports.
ADA assistance is also available through ComPsych. Basic ADA administration (assistance with interactive process) roughly $1.00 pepm. Advance ADA administration (more proactive, more services) roughly $1.25 pepm
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Software Solutions
Software solutions used to be limited
As the LOA process became more challenging, the software options have improved
Software solutions help organize process and provide resources –employer still manages LOA process
0% 10% 20%
Use TPA or CarrierSolution
Use HRIS
Attendence Tracking
Use In-HouseSystem
Use Stand Alone
18%
15%
10%
7%
3%
53% use LOA Software
Source: 2013 Survey on Absence and Disability Management, Mercer
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Scope of Services Vary by Solution
Tracking types of leaves common
FMLA administrative functions also common
Some solutions allow input for union rules, corporate absence policies and will assist in determining leave types
Some solutions will automatically generate FMLA forms when needed and include library of other communications
Different LOA software solutions offer different reporting functions – make sure reporting meets your needs
Some solutions offer access to state/city laws – answering series of questions will direct you to laws that apply
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Array of Options
You still might be limited by group size
Some specialty TPAs lease their software/ad hoc services – The Reed Group offers
Leavepro provides leave management and tracking
MD Guidelines provides general guidelines related to specific disabilities – provides ammunition when leave request is excessive
Leave Advisor – online database/resource of leave laws (Federal, State and City)
Clinical consultant access – per case fee
Some software targets mid to small group marketsAbsenceSoft – cost effective, robust tracking, leave management software
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Affordable with Real Capabilities – AbsenceSoft
Software option providesFMLA and all State Leave Laws administration
Concurrently tracks company policies
Provides real-time calculation of time used and time remaining
Automates workflow, tasks and reminders
Stores all correspondence and documentation electronically
Easy entry and upload of employee data
ADA tracking interactive process/ADA accommodation option
Cost is attractiveUnder 1,000 lives - $299/month unlimited users
1,000 – 3,000 lives - $599/month unlimited users
Implementation fee may apply (self-implementation free) – scalable
Buy–up option medical guideline access
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Summary Insights
Can save money by instituting a tightly managed process – addressing abuse
Access to experts for complicated labyrinth of rules
Understand the process the outsourcer takes in managing all aspects of leave process
Expect at least 120 days for implementation
Ask about reporting and communication regarding leaves in process, expected return dates, etc.
Be prepared – transition to outsourcing or changing vendors can be rocky for the first few months
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Agenda
The Big Picture
Family Medical Leave Act (FMLA)
Americans with Disability Act (ADA)
State Law
Should Your Organization Outsource?
Best Practices for Leave of Absence Administration
Concluding Thoughts
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Absence Management Highly Technical
Really?
If you administer LOA in-house, you should develop written procedures to document process
If you outsource, you should look for a vendor that adopts as many best practices as possible
As you develop your LOA process, use as many best practices as you can
Consider reviewing your current process and improving it based on best practice recommendations
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Best Practices
Include necessary FMLA information, including leave year determination, potential payback of premiums, etc.
Address plans that may provide benefits – disability plans, workers compensation and so on.
Address the interaction of these plans – will FMLA run concurrent with STD? Workers Comp?
Include information on the ADA, right to accommodations, and the interactive process
Develop a Leave of Absence Policy 1.
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Best Practices
Critical not to include a hard stop termination date –problematic with interactive process
Include a discussion of the interactive process
Include any notification requirements as part of the return to work process
Document each return to work situation – noting any accommodations for disabilities
Develop a Return to Work Policy 2.
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Best Practices
Create a process to address ADA potential accommodations
At end of leave and
Create a process of requesting accommodations that do not involve leaves
Engage in the interactive processKeep documentation of all meetings and discussions
Determine potential accommodations – do any result in undue hardships?
If accommodation is made, evaluate it over time to determine if it remains reasonable
Address ADA Accommodations3.
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Best Practices
In the ideal, all absences would be reported through this central system
Create “call in” procedures – follow them
Internal notifications will go out from central source
Experts should operate this systemKnow when FMLA paperwork should be sent
Know when to run WC absences concurrent with FMLA
Able to send STD paperwork
Develop a Central Leave Reporting Process4.
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In some situations, your employee may be facing a difficult situation due to a SHC
Reminding employees of additional benefits that may provide valuable assistance is helpful
EAP – to help with the stress of the employee’s SHC or perhaps a family member’s SHC
Patient Advocate Program – to help with claims, finding specialists, issues with parents’ claims, elder care resources
Telemedicine – might be a helpful resource
5.
Best Practices
Adopt a Process to Refer to Other Resources
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Best Practices
Most employers don’t create a leave database
Without data, it is difficult to assess the financial impact of absences in total
Data will also help you identify possible areas of abuseIntermittent leave potential abuse
Abuse for consistent leaves – employees that may take six weeks each year about the same time
Historical information needed if you outsource
Create a Database to Track Leave Information6.
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Best Practices
Central reporting insures your experts are handling the leave process
Key personnel are affected and interact with employee
These individuals need to know what is permittedBest to share minimal medical details
Supervisors must not pressure individuals to come back to work
Supervisors will need to work with you on possible ADA accommodations
Supervisors must require employees to follow “call in” procedures
Educate Key Personnel 7.
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Summary Insights
Time should be spent developing an absence management process using best practices
Document your process and the path of various leaves of absence
Make sure the individuals handling your LOA process are well trained on your policies, FMLA, ADA, WC, and so on
Make sure your forms are up to date and available
Have a tracking process to make sure all your FMLA notifications meet required timeframes
Maintain documentation of all compliance steps
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Agenda
The Big Picture
Family Medical Leave Act (FMLA)
Americans with Disability Act Amendments Act (ADAAA)
State Law
Should Your Organization Outsource?
Best Practices for Leave of Absence Administration
Concluding Thoughts
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Wow – There is A Lot to Consider
Absence management has gotten tough over the yearsExpansion of FMLA rights
ADA broadening with a lack of specifics
More and more state/local laws that impact employers
Increased focus from both the DOL and the EEOCDOL is conducting FMLA audits – 72 hours is standard turnaround time
EEOC is investigating complaints and fining employers for discriminatory actions
How can you manage the maze surrounding leave of absence management?
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It Takes Time
Take stock of your internal resourcesWho manages leaves in your organization?
Think of everyone involved from sick pay, vacation, FMLA, workers compensation and so on
Map out your current process How are absences reported?
How are absences tracked?
How is FMLA administered?
How do you manage accommodation requests or engage employees upon return from leave?
How are you managing state law requirements?
Any issues brought up today that you may need to address?
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What Do You Want to Do?
Run screaming from the room?
Me too!
It is a serious questionDo you feel confident in your LOA abilities?
Do you have resources to help manage the process?
Are you understaffed?
Do you have employees in many states?
If you are concerned, check out outsourcing options
If outsourcing not an option, check out software solutions
If you keep LOA in-house, improve your process
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Compare Your Current Process to Best Practices
Review your leave of absence policyWhat policy??? Umm, you need one of these
Make sure it includes all the information necessaryFMLA specifics
Clearly identify that FMLA runs concurrent with other leaves
Does it include ADA information, interactive process?
Review your return to work policyWhat policy??? Umm, you need one of these
Make sure it does not include a hard stop termination date
Ever had an attorney review your policies? Probably a good idea
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How Do Employees Report Absences?
It is critical to have a reporting process that will capture all the details needed to determine the type of absence
If FMLA eligible, you need to send out the Notice of Eligibility, Rights and Responsibilities
You need to properly classify the absence on the details collected when reporting the absence – what information is asked?
Do you have a formal process for reporting absence?
Do you have a process to handle STD, workers compensation and FMLA requirements?
Do you have LOA experts managing the absence reporting process?
Is the process centralized? Can it be?
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Areas to Consider
Look at your communication materialsUse DOL forms – make sure you have the latest ones (updated May 2015)
Make sure you are using a designation of FMLA notice so you have communicated clearly what time is FMLA leave
How are you documenting the interactive process under the ADA? Make sure you are formally documenting
Where do you go with questions? Set up resourcesHave an attorney you can go to with questions
Can you set up an arrangement to get professional opinions on complicated situations?
Leverage the government resources
Be ready to handle questionable situations, before you have one
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Areas to Consider (continued)
Consider setting up a database to track leave types and timeframes
At some point, you may be asked to provide a financial analysis of leaves of absence
Helps identify potential abuse
Helpful if you move to an outsourcing arrangement
Need to think about how to bring leadership alongNeed support to approve budget for the whichever solution you choose
In some cases, HR will need leadership assistance to create supervisor accountability
HR needs supervisor assistance but typically has no authority over the supervisor
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Areas to Consider (continued)
Training staff is criticalEmployees need to know how to report absences
Intake personnel need to understand how to classify absences, send proper notifications, get proper paperwork, etc.
Supervisors need to be trained on leave and return to work procedures, also on how to identify requests for accommodations
Review your liability coverageFMLA and ADA are areas of high activity for audits and compliance reviews
Review your Management Practice Coverage- does it include Employment Practice Coverage?
Consider this liability coverage as a means of financing defense costs and potential judgments
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You Can Do It! (or Hire Someone to Do It)
Employee Calls in Sick or Injured…What needs to happen?Employee Calls in Sick or Injured…What needs to happen?
If injured, was it a workplace injury?If injured, was it a workplace injury?
Supervisor needs to be contacted – replacement labor needed
Supervisor needs to be contacted – replacement labor needed
Duration of time off?Duration of time off?
Does FMLA apply?Does FMLA apply?
Does employer PTO/sick leave apply?Does employer PTO/sick leave apply?
Should STD paperwork be sent?Should STD paperwork be sent?
Does state mandated disability apply?
Does state mandated disability apply?
Do any state leave laws apply?Do any state leave laws apply?
Do any city leave or paid leave laws apply?Do any city leave or paid leave laws apply?
A “yes” answer to any of these questions triggers specific paperwork, recordkeeping and communication.A “yes” answer to any of these questions triggers specific paperwork, recordkeeping and communication.
Does the employer need to engage in an interactive process under the ADA?Does the employer need to engage in an interactive process under the ADA?
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When employee should return to work or ineligible for FMLA leaveWhen employee should return to work or ineligible for FMLA leave
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Summary Thoughts
Leave of absence management is technical and complex
Most employers are not completely confident in their leave of absence management process
Outsourcing options and software solutions have improved over the years
If you need to keep LOA management in house, make sure to review and improve your processes
Set up resources to assist with ADA, difficult FMLA cases
You can manage LOAs responsibly if you set up thorough processes and procedures
MARSH & McLENNAN AGENCY LLC
William D. WentworthVice President, Health & BenefitsMarsh & McLennan Agency LLC
3331 W. Big Beaver Rd., Ste. 200Troy, MI 48084
(248)822-6201 / (248)[email protected]