FMLA Hostage Crisis: Curb FMLA Abuse and Reclaim Your Workforce Presented by: Star Bobatoon Star Consulting LLC
FMLA Basics – 3 Things to Remember Read the Rules! Re-Read the Rules! Re-Read the Rules Again!
8 Components of FMLA What is a Covered Employer? Who is an Eligible Employee? What is a Serious Health Condition? How long does the employee have for FMLA leave? Is it paid or unpaid? Is there job protection? Do employee benefits need to be continued during leave? How does the 12 month time period apply?
Questions HR Must Ask About information to determine if there is a situation that meets FMLA eligibility About the employee’s need for leave – amount of time, intermittent possibility, etc. Documentation Requests – i.e. medical forms, certs About any limitations to performing the job Interactive communication about any accommodations that may be needed
Employee Accountability & Expectations 30 day notice when feasible Follow leave request policy and other pertinent company procedures Provide certification forms in required timeframes No Info – No FMLA
Strategies To Be Implemented Get Re-Certification when FMLA lasts long term – no more than every 30 days unless …. Be reasonable, but enforce discipline when necessary for not following policy Be specific with expectations, then consistent unless objective situation requires another action
Empowering Managers & HR Professionals If not life threatening or violating federal rights, business needs can take precedence i.e. as it relates to scheduling Accommodations may be selected by the employer if effective in assisting employee in performing the job.
Glad to answer any questions Summary Speak Up …. Glad to answer any questions