© 2005 shrm shrm weekly online survey: january 25, 2005 fmla challenges sample comprised of 352...

© 2005 SHRM

SHRM Weekly Online Survey: January 25, 2005

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%.

© 2005 SHRM


68%

27%

5%

0%

10%

20%

30%

40%

50%

60%

70%

80%

Yes No Don’t know

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.)?

© 2005 SHRM


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.)?

Choice Count Percentage Answered

Yes 238 67.8%

No 96 27.4%

Don’t know 17 4.8%

© 2005 SHRM


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

10%

21%

26%

27%

32%

33%

36%

37%

40%

46%

51%

0% 10% 20% 30% 40% 50% 60%

Other

Cost associated with compliance and leave tracking

Leave taken for illness or ailment that does not qualify as aserious health condition

DOL regulations, guidance, and opinion letterscontradictory and confusing

Chronic abuse of intermittent leave (small segments ofleave) by employee(s)

Morale problems with employees asked to cover for absentemployee(s)

Unsure about the legitimacy of leave requests

Labor costs associated with absence of employee(s) (e.g.,hiring temporary workers or having other employees work

Costs associated with a loss of productivity due absence ofemployee(s)

Vague documentation of medical leave certification byhealth care professional

Tracking of intermittent leave (small segments of leave)

© 2005 SHRM


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

Choice Count Percent of

Sample

Tracking of intermittent leave (small segments of leave) 181 51.40%

Vague documentation of medical leave certification by health care professional

161 45.70%

Costs associated with a loss of productivity due absence of employee(s)

140 39.80%

Labor costs associated with absence of employee(s) (e.g., hiring temporary workers or having other employees work overtime)

129 36.60%

Unsure about the legitimacy of leave requests 128 36.40%

Morale problems with employees asked to cover for absent employee(s)

115 32.70%

Chronic abuse of intermittent leave (small segments of leave) by employee(s)

111 31.50%

DOL regulations, guidance, and opinion letters contradictory and confusing

96 27.30%

Leave taken for illness or ailment that does not qualify as a serious health condition

93 26.40%

Cost associated with compliance and leave tracking 74 21.00%

Other 35 9.90%

© 2005 SHRM


Open-ended responses from Question 2 “Other”• Privacy laws make it difficult to obtain documentation.

• Major depression and what falls under reasonable accommodations due to medications.

• Difficulty in getting employees and supervisors to comply in a large organization with a small HR staff.

• Ensuring correct paperwork filled out.

• Incomplete documentation by health care professional.

• Costs associated with coordination between FMLA and STD leave tracking payments, notifications, etc.

• Lack of clarity in FMLA guidelines related to benefits accrued or not accrued while an employee is on leave.

• CA FMLA now partial paid.

• Determining whether an ailment is even a serious health condition.

• Uncertainty about what qualifies and what is just sick leave.

• Unwillingness of medical providers to verify reason for absence due to HIPPA . My facility has 33% of workforce with double digit absenteeism rate.

• Leave is granted & employee decides not to return - how to make employees accountable for health premiums after the fact.

© 2005 SHRM


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.

© 2005 SHRM


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.

© 2005 shrm shrm weekly online survey: january 25, 2005 fmla challenges sample comprised of 352...

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