Leave Administration Challenges under FMLA2

1
Leave Administration Challenges under FMLA2

• Sample comprised of 431 randomly selected HR
  professionals.
• Analyzing 431 responses of 2864 emails sent, 2617
  emails were received (response rate 17).
• Survey fielded November 15 November 21, 2006
  presentation generated on November 22, 2006.
• Margin of error is /- 5.

2
In the last 12 months, has your organization
experienced challenge(s) in administering/granting
leave under the Family and Medical Leave Act
(FMLA) for the birth or adoption of a child?
n 430
3
In the last 12 months, has your organization
experienced challenge(s) in administering/granting
leave under the Family and Medical Leave Act
(FMLA) for the birth or adoption of a child?
Choice Count Percentage Answered
No 305 71
Yes 126 29
4
What specific challenge(s) has your organization
encountered due to employees taking FMLA leave as
a result of birth or adoption of a child?
n 120
Note Percentage does not total 100 as multiple
responses were allowed.
5
What specific challenge(s) has your organization
encountered due to employees taking FMLA leave as
a result of birth or adoption of a child?
Choice Percent of Cases
Costs associated with a loss of productivity due to the absence of employee(s) 58
Labor costs associated with absence of employee(s) (e.g. hiring temporary workers or having other employees work) 56
Cost associated with compliance and leave tracking 48
Morale problems with employees asked to cover for absent employee(s) and/or other employees who are impacted 43
Scheduling of the leave request 35
DOL regulations, guidance, and opinion letters contradictory and confusing 30
Tracking of intermittent leave (small segments of leave) 8
Cost associated with continuation of paid benefits 3
Other 5
6
Other challenge(s) organizations encountered due
to employees taking FMLA leave as a result of
birth or adoption of a child?

• How our company handles paid leave
• Physician's charge for completing WH380 form.
• Receiving documentation from employee and
  leadership.
• Employee deciding not to return from leave at end
  of leave time
• Dr.'s increasingly ordering bed rest prior to
  birth leaves little FMLA for after childbirth
• Unmarried couples requesting leave, amount of
  time.
• Ensuring compliance with State law as well

7
In the last 12 months, has your organization
experienced challenges in administering/granting
leave under the FMLA for the care of a child,
spouse or parent who has a serious health
condition?
n 425
8
In the last 12 months, has your organization
experienced challenges in administering/granting
leave under the FMLA for the care of a child,
spouse or parent who has a serious health
condition?
Choice Count Percentage Answered
No 238 56
Yes 187 44
9
Which of the following serious health conditions
did your organization experience challenges in
administering/granting leave under FMLA?
n 186
Note Percentage may not total 100 due to
rounding.
10
Which of the following serious health conditions
did your organization experience challenges in
administering/granting leave under FMLA?
Choice Count Percentage Answered
Chronic condition (on-going injury, on-going illness, and/or non-life threatening condition) of the employee's child, spouse or parent 87 47
Both 79 43
Catastrophic event (serious accident, serious injury, and/or life-threatening disease) of the employee's child, spouse or parent 20 11
11
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) of the employee's child, spouse or
parent?
n 98
Note Percentage does not total 100 as multiple
responses were allowed.
12
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) of the employee's child, spouse or
parent?
Choice Percent of Cases
Costs associated with a loss of productivity due to the absence of employee(s) 58
Tracking of intermittent leave (small segments of leave) 57
Vague documentation of medical leave certification by health care professional 54
Labor costs associated with absence of employee(s) (e.g. hiring temporary workers or having other employees work) 49
Morale problems with employees asked to cover for absent employee(s) and/or other employees who are impacted 48
Unsure about the legitimacy of leave requests 46
Chronic abuse of intermittent leave (small segments of leave) by employee(s) 42
Cost associated with compliance and leave tracking 38
Scheduling of the leave request 38
Leave taken for illness or ailment that does not qualify as a serious health condition 34
DOL regulations, guidance, and opinion letters contradictory and confusing 10.4
Other 5.6
13
Other challenge(s) organizations encountered due
to employees taking FMLA leave as a result of a
catastrophic event (serious accident, serious
injury, and/or life-threatening disease) of the
employee's child, spouse or parent?

• Receiving documentation from employee and
  leadership.
• Physician's charge for completing WH380 form
• Manager resistance to following the rules
• Family members out of the country
• Employees falsifying documents
• Employee would not return FMLA request in a
  timely manner.
• 3 days versus follow up treatment

14
What specific challenge(s) 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) of the employee's child, spouse or
parent?
n 163
Note Percentage does not total 100 as multiple
responses were allowed.
15
What specific challenge(s) 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) of the employee's child, spouse or
parent?
Choice Percent of Sample
Tracking of intermittent leave (small segments of leave) 69
Vague documentation of medical leave certification by health care professional 66
Chronic abuse of intermittent leave (small segments of leave) by employee(s) 66
Unsure about the legitimacy of leave requests 66
Morale problems with employees asked to cover for absent employee(s) and/or other employees who are impacted 58
Costs associated with a loss of productivity due to the absence of employee(s) 56
Cost associated with compliance and leave tracking 48
Labor costs associated with absence of employee(s) (e.g. hiring temporary workers or having other employees work) 48
Scheduling of the leave request 41
Leave taken for illness or ailment that does not qualify as a serious health condition 40
DOL regulations, guidance, and opinion letters contradictory and confusing 34
Other 7
16
Other challenge(s) organizations 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)
of the employee's child, spouse or parent?

• Physician's charge for completing WH380 form
• Receiving documentation from employee and
  leadership.
• Push-back from local medical providers who do not
  want to do the FMLA paperwork.
• Medical Health Professional known to be false or
  excessive.
• Manager resistance to following the rules
• Intermittent leave abuse - migraines, bowel
  problems
• Inability to get timely documentation from
  employee's provider.
• Going on FMLA, remission, reoccurrence, no notice
  of employee being gone for reoccurrence,
  insurance lapses, employee dies, no death
  benefits.
• Documentation for conditions which require home
  care - (for example, Nebulizer treatments for
  child with Asthma - do not need a Physician
  Visit, or a call to the physician, but do require
  parent to stay home and administer)
• Coordinating with California state leave laws
• Changing leave during leave time