Kimberly Walker-Herring

 1 Determine the Best FMLA Leave Year

FMLA regulations allow employers to choose the leave year for determining eligibility. There are three options; the calendar year, a fixed 12 month period, or the rolling 12 month period (backwards or forward). The fixed 12 month period can be the company’s fiscal year, the employee’s anniversary date or any 12 month period for that matter. The 12 month rolling period is the most common and in my opinion the best option because unlike the other options, it does not allow employees to take a continuous 24 weeks of leave. If you use the calendar year as your leave year, an employee can request 12 weeks at the end of the year through December and then again at the beginning of the next calendar year. On the other hand, use of the rolling method eliminates the possibility for an employee to combine the leave year and extent the benefit. For example, if an employee is approved for FMLA on July 1st and uses for 12 weeks continuously, the employee is not eligible for leave again until July 1st of the following year.



2 Require a Medical Certification

A Medical certification is not required for FMLA however I strongly suggest you make it a requirement. This is permissible as long as the stipulation is written in company policy, applied consistently and made known to the employee. This notice can be provided via the company handbook, FMLA posting as well as the Notice of Eligibility and Rights and Responsibilities form (WH-381). It would not hurt to use all three forms of communication. Knowing the company validates the need for leave prior to approval may deter potential abusers.



3 Request Clarification or a 2nd Opinion

If the medical certification is vague or lacks details, require the employee to provide sufficient documentation before making a determination. FMLA rules state you must affirm in writing the need for additional information and allow the employee 7 days to clear up the matter. If the employee fails to do so, you can deny the leave or delay it until the request is returned. If you want to contact the medical provider (after giving the employee a chance to do so) you may. However, the employee’s direct supervisor cannot be the company official making the call. This task should be assigned to an HR professional, third-party administrator or another member of management. Also, you can only request clarification about what is indicated on the WH-381.

If the medical certification provides the necessary details but you question its legitimacy, you can request a 2nd opinion at the employer’s expense (not allowed for military caregiver certifications). If the 1st and 2nd certifications differ, you can request a 3rd opinion. During this time, you should grant any time away from work as a conditional medical leave of absence. If the final outcome is that the employee is not eligible for FMLA, you should apply other leave options to account for the missed time away from work instead of declaring the leave a medical one. This may seem like a lot of work and a waste of company funds, but it is worth it. Your company may end up losing much more than the cost of a doctor's visit if you approve an otherwise ineligible employee FMLA leave time off.



4 Stick to and Enforce the Deadlines

The new FMLA rules provide deadlines for employers to gain better control over the leave administration process. This is a great improvement over the “old” way of doing things but in order to benefit from this change, employers must be on the case. Per the new rules, employees should notify the employer 30 days in advance if the need for leave is foreseeable. If not, they must do so as soon as practical. I am aware this is a concern for most employers because employees oftentimes neglect to give sufficient notice which may disturb your operations. In these cases, employers should grant the provisional leave, provide notice within 5 days and allow 15 days for the medical certification to be returned. The medical certifications states how long the patient has suffered with the condition as well as dates of recent visits. If the information provided qualifies as a serious health condition, then you have 5 days to send a designation letter. If not, you can deny the request. You can also delay the leave if you have documentation to prove the employee failed to give "practical" notice. By sticking to the deadlines, you can weed out employees who do not have a legitimate need for leave. Otherwise, failure to do so may require you to grant leave to employees who are not eligible for the benefit.



5 Hire a Partner

Managing employee absenteeism is a full time responsibility. Failure to manage leave programs properly can result in huge expenses for an employer. Seeking help will enable you to streamline your process, mitigate risk and improve your attendance rates. If other programs are aligned, this could also improve productivity. A dedication Absence Management professional can monitor your cases, offer additional solutions and ensure compliance. If FMLA leave administration is driving your mad, contact an Absence Management professional today.



his message is from Absence Intelligence Management. For more information about Absence Intelligence Management, please visit our website, http://absence-mgmt.com/. For regular updates on Family Medical Leave and leave program administration, please subscribe or follow the absence-mgmt blog.