Transcript Leave Administration Challenges under FMLA

Leave Administration Challenges under FMLA
• Sample comprised of 437 randomly selected HR
professionals.
• Analyzing 437 responses of 2868 emails sent,
2640 emails were received (response rate = 17%).
• Survey fielded November 7 – November 13, 2006;
presentation generated on November 14, 2006.
• Margin of error is +/- 5%.
Note: The number of respondents to each question is indicated by “n” in figures.
SHRM Weekly Online Survey: November 7, 2006
HR: Leading People, Leading Organizations © 2006 SHRM
In the past 12 months, has your organization experienced challenges in
administering/granting leave under the Family and Medical Leave Act
(FMLA) for employees' serious health condition?
n = 437
Yes, 51%
SHRM Weekly Online Survey: November 7, 2006
No, 49%
HR: Leading People, Leading Organizations © 2006 SHRM
In the past 12 months, has your organization experienced challenges in
administering/granting leave under the Family and Medical Leave Act
(FMLA) for employees' serious health condition?
Choice
Count
Percentage
Answered
No
215
49%
Yes
222
51%
SHRM Weekly Online Survey: November 7, 2006
HR: Leading People, Leading Organizations © 2006 SHRM
Which of the following serious health conditions did your organization
experience challenges in administering/granting leave under FMLA?
n = 222
100%
90%
80%
70%
60%
60%
50%
40%
36%
30%
20%
10%
5%
0%
Catastrophic event
Chronic condition
Both
Note: Percentage may not total 100% due to rounding.
SHRM Weekly Online Survey: November 7, 2006
HR: Leading People, Leading Organizations © 2006 SHRM
Which of the following serious health conditions did your organization
experience challenges in administering/granting leave under FMLA?
Choice
Count
Percentage
Answered
Catastrophic event of the employee(s) (serious
serious injury, and/or life-threatening disease)
10
5%
Chronic condition of the employee (s) (on-going injury,
going illness, and/or non-life threatening condition)
133
60%
Both
79
36%
SHRM Weekly Online Survey: November 7, 2006
HR: Leading People, Leading Organizations © 2006 SHRM
What specific challenge(s) has your organization encountered due to employees taking FMLA
leave as a result of a catastrophic event (serious accident, serious injury, and/or life-threatening
disease)?
n = 89
63%
Labor costs associated with absence of employee(s)
Costs associated with a loss of productivity due to the
absence of employee
61%
60%
Tracking of intermittent leave
Morale problems with employees asked to cover for absent
employee
Vague documentation of medical leave certification by
health care professional
56%
56%
38%
Cost associated with compliance and leave tracking
36%
Unsure about the legitimacy of leave requests
34%
Chronic abuse of intermittent leave by employee
26%
Scheduling of the leave request
DOL regulations, guidance, and opinion letters contradictory
and confusing
Leave taken for illness or ailment that does not qualify as a
serious health condition
24%
24%
7%
Other
0%
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Note: Percentage does not total 100% as multiple responses were allowed.
SHRM Weekly Online Survey: November 7, 2006
HR: Leading People, Leading Organizations © 2006 SHRM
What specific challenge has your organization encountered due to employees taking FMLA
leave as a result of a catastrophic event (serious accident, serious injury, and/or life-threatening
disease)?
Choice
Percent of
Cases
Labor costs associated with absence of employee(s) (e.g. hiring temporary
having other employees work)
63%
Costs associated with a loss of productivity due to the absence of
61%
Tracking of intermittent leave (small segments of leave)
60%
Morale problems with employees asked to cover for absent employee(s)
employees who are impacted
56%
Vague documentation of medical leave certification by health care
56%
Cost associated with compliance and leave tracking
38%
Unsure about the legitimacy of leave requests
34%
Chronic abuse of intermittent leave (small segments of leave) by employee(s)
34%
Scheduling of the leave request
26%
DOL regulations, guidance, and opinion letters contradictory and confusing
24%
Leave taken for illness or ailment that does not qualify as a serious health
24%
Other:
7%
SHRM Weekly Online Survey: November 7, 2006
HR: Leading People, Leading Organizations © 2006 SHRM
Other challenges organizations encountered due to
employees taking FMLA as a result of a catastrophic
event.
•
•
•
•
•
Unreturned requests
Multiple locations, not knowing employee is on leave
FMLA not long enough for employee's needs
Employees' unwillingness to apply
Difficulty getting health care professionals to return
medical leave certification in a timely manner.
• As an organization we have not tracked this well.
SHRM Weekly Online Survey: November 7, 2006
HR: Leading People, Leading Organizations © 2006 SHRM
What specific challenge has your organization encountered due to employees taking FMLA
leave as a result of a chronic condition (on-going injury, on-going illness, and/or non-life
threatening condition)?
n = 212
73%
Tracking of intermittent leave
66%
Chronic abuse of intermittent leave by employee
Morale problems with employees asked to cover for absent
employee(s)
Costs associated with a loss of productivity due to the
absence of employee
Vague documentation of medical leave certification by
health care professional
63%
60%
57%
57%
Unsure about the legitimacy of leave requests
54%
Labor costs associated with absence of employee(s)
42%
Cost associated with compliance and leave tracking
35%
Scheduling of the leave request
Leave taken for illness or ailment that does not qualify as a
serious health condition
DOL regulations, guidance, and opinion letters
contradictory and confusing
34%
26%
5%
Other
0%
10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Note: Percentage does not total 100% as multiple responses were allowed.
SHRM Weekly Online Survey: November 7, 2006
HR: Leading People, Leading Organizations © 2006 SHRM
What specific challenge has your organization encountered due to employees taking FMLA
leave as a result of a chronic condition (on-going injury, on-going illness, and/or non-life
threatening condition)?
Choice
Percent of
Cases
Tracking of intermittent leave (small segments of leave)
73%
Chronic abuse of intermittent leave (small segments of leave) by employee(s)
67%
Morale problems with employees asked to cover for absent employee(s)
employees who are impacted
63%
Costs associated with a loss of productivity due to the absence of
60%
Vague documentation of medical leave certification by health care
57%
Unsure about the legitimacy of leave requests
57%
Labor costs associated with absence of employee(s) (e.g. hiring temporary
having other employees work)
54%
Cost associated with compliance and leave tracking
42%
Scheduling of the leave request
35%
Leave taken for illness or ailment that does not qualify as a serious health
34%
DOL regulations, guidance, and opinion letters contradictory and confusing
26%
Other
5%
SHRM Weekly Online Survey: November 7, 2006
HR: Leading People, Leading Organizations © 2006 SHRM
Other challenges organizations encountered due to
employees taking FMLA as a result of a chronic
condition.
•
•
•
•
•
•
•
•
•
•
•
Having to reschedule patients due to the employee being off which impacts customer
service.
We currently outsource to MetLife which is a hassle in and of itself!
We are a leasing company therefore it has been challenging to know when an employee
has been out and in getting the documentation back from the employee
To pay or not to pay salaried individuals while they are on leave of absence.
Multiple locations, not knowing employee is on leave
Health care professionals not understanding the law or implications of vague or illegible
documentation to the employee
Health care worker shortage.
Employees' unwillingness to apply
Difficulty getting health care provider to return the medical certification in a timely manner
Determining if we should keep the employee if out more than the allowed 12 weeks.
Abuse by employee to get time off for hunting/ vacation etc and no way to reign in
SHRM Weekly Online Survey: November 7, 2006
HR: Leading People, Leading Organizations © 2006 SHRM