September 27, 2023 - hellotilt.com

A Comprehensive Guide to Managing Leave of Absence Requests

Gabe Prusak on September 27, 2023

We speak with HR and People Ops leaders all over the country, across all industries, at organizations of all sizes, and one thing we’ve learned is that no two organizations manage their leaves of absence quite the same. Furthermore, individual organizations often are often managing different types of leave inconsistently, exposing themselves to potential compliance violations.

While more and more HR leaders are opting to ditch their FMLA tracking spreadsheets as they turn to the leave experts (like Tilt) for support, no matter your approach to managing leaves, having a consistent process for managing all leaves is a critical component of operational efficiency and compliance.

Below we’ll outline everything that goes into managing a leave successfully so you can ensure you’re doing everything that’s required. For the sake of simplicity, we’re going to cover employees who are covered by FMLA.

1. How to Determine Leave Eligibility for Employees

One of the foundational steps in effectively managing an employee’s leave of absence is to determine their eligibility for the requested leave. As an HR leader, the meticulous review of the employee’s situation, considering both company policies and relevant employment laws, is step one.

Factors to consider are:

The employee’s tenure.
The type of leave requested.
Whether the employee has exhausted any prior leaves within the applicable timeframes.

Additionally, HR managers should be well-versed in the complexities of various leave laws, including the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), to ensure that the employee’s request aligns with legal requirements. Establishing eligibility sets the groundwork for a fair and compliant leave management process, offering transparency and clarity to both the employee and the organization.

2. The Importance of Leave of Absence Communication

Leaves of absence are some of the most human experiences your employees can have while navigating work and life, and effective communication is at the heart of a successful journey. We recommend establishing a transparent and empathetic dialogue with the employee who has requested leave as you clarify the process for them, outline available options, and ensure that they understand their rights and responsibilities.

By openly discussing the types of leave available, potential impacts on their job and benefits, and any necessary documentation requirements, you can help employees make informed decisions about their leave. This initial communication also demonstrates your organization’s commitment to supporting your employees during challenging times, fostering a sense of trust and goodwill.

Establish a well-defined communication plan and make sure your communications to employees is never about work or have them feeling they should return to work prematurely. It’s important to determine the frequency and method of communication with your employee, which may include email, phone calls, virtual meetings, or a combination of all three. Regular updates help the employee remain connected and informed throughout their absence, addressing any concerns promptly.

Similarly, providing ongoing support and assistance to employees throughout their leave of absence by promptly addressing any questions or concerns that may arise during the leave journey.

3. Required Documentation for a Leave of Absence

If communication is the heart of managing a leave of absence, accurate documentation is the backbone. Ensure that the necessary paperwork is carefully collected and maintained. You may need to request and verify documentation such as medical certificates for medical leaves, relevant forms pertaining to parental leaves, or various forms required for applicable state benefits. These documents serve as evidence of the leave’s legitimacy and are vital for compliance with both company policies and legal regulations.

Maintaining an organized record of the leave request, start and end dates, and the reason for leave not only facilitates the approval process but also helps in addressing any potential disputes or inquiries that may arise in the future. Effective documentation safeguards the interests of both the employee and the organization.

4. Record-Keeping Requirements for a Leave of Absence

It is essential to establish and adhere to a structured record-keeping system to manage leaves of absence efficiently. Maintain organized and confidential records of the entire leave process, including the leave request, documentation, approvals, and any relevant correspondence. These records serve as a historical reference, aiding in compliance with legal requirements and facilitating internal audits or investigations, if necessary. Proper documentation also helps in addressing potential disputes, verifying benefits, and ensuring that the employee’s rights and the organization’s responsibilities are upheld consistently throughout the leave of absence.

These records should be securely stored, organized, and readily accessible if needed for audits, legal inquiries, or employee requests. Compliance with documentation retention protocols ensures that the organization can demonstrate its adherence to legal regulations and provides a historical reference for past leave cases, contributing to transparency and accountability in leave management practices.

5. How to Define Your Leave of Absence Policies

Thoroughly familiarizing the employee with your organization’s leave policies is a fundamental step in effective leave of absence management. Provide employees with easy-to-access, comprehensive information about your policies regarding pay continuation, benefits coverage, and job protection during the leave.

Explaining your policies clearly helps your employees understand their entitlements and responsibilities, setting clear expectations. Moreover, it ensures that your employee population is aware of any of your specific company provisions that might apply to their situation, such as using accrued paid time off before taking unpaid leave. This clarity enhances compliance, minimizes potential misunderstandings, and contributes to a smooth and legally sound leave process.

6. Creating a Good Leave of Absence Approval Process

Please note that after evaluating the employee’s request and accompanying documentation, obtaining the necessary approvals from upper management may be required. This step ensures that all leave requests align with your organization’s policies and legal obligations, promoting consistency and fairness.

Promptly communicating the approval or denial of the leave request, with clear reasons for any denials, is essential for transparency and employee engagement. Establish a well-managed approval process to not only uphold compliance with regulations but also to foster a positive working relationship by showing that employee concerns are taken seriously and fairly assessed.

7. Building a Leave of Absence Return-to-Work Plan

Prepare a comprehensive return-to-work plan that outlines the specifics of your employees’ return. Include the date that work will resume, and address any accommodations or modifications required to facilitate the employee’s smooth reintegration into the workplace.

Conduct a return-to-work meeting with the employee to discuss any updates, changes, or transitional arrangements upon their return. After the employee returns, it’s a good practice to assess their performance and well-being to ensure they’ve had a smooth transition.

Emphasizing a successful return-to-work experience is a vital component of any organization’s leave of absence process. Effective communication at this stage ensures that both the employee and your organization are well-prepared for their transition back to work life, which for some employees can be a significant transition. minimizing any potential disruptions.

8. Leave of Absence Coordination with Payroll

The accurate and timely processing of the employee’s pay during their leave period is paramount to a successful leave for a variety of reasons. Not only is it a top priority for your payroll team’s record-keeping, but accurate payments help ensure that your employee’s financial well-being is maintained during their absence, which is especially critical for medical or family-related leaves.

Your leave of absence payroll process should include tracking paid and unpaid benefits, statutory benefits, and making necessary adjustments to the payroll system as promptly as possible to avoid overpayments or underpayments. By closely collaborating with payroll throughout the leave process, you can prevent financial disruptions and ensure a seamless transition for the employee returning from leave.

9. Job Protection Rules for a Leave of Absence

If the leave is job-protected, by the FMLA or otherwise, you’re required to ensure that the employee’s job title (or equivalent) and employment status are secure while they are away. This protection may extend to preventing any discrimination or retaliation related to their leave request. Upholding job protection promotes employee loyalty, reduces turnover, and helps your organization remain compliant with labor laws and regulations.

10. Complying With Leave of Absence Regulations

Stay up-to-date with evolving laws, such as the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and state-specific leave laws. (Tilt tip: bookmark this page of leave law reports and check it quarterly).

Since non-compliance can lead to legal consequences and financial liabilities your org wants nothing to do with, make it a practice to regularly review and adapt your policies to align with these legal requirements. Compliance not only protects your organization but also upholds the rights of your employees to help establish a work environment that values and respects the law while promoting fairness and equity in leave of absence management.

When in doubt, consult with legal counsel on any matters that involve compliance with leave of absence laws and regulations.

About Tilt

Tilt is leading the charge in all things leave of absence management through easy-to-use tech and human touch. Since 2017, our proprietary platform and Empathy Warriors have been helping customers make leave not suck by eliminating administrative burdens, keeping companies compliant, and providing a truly positive and supportive leave of absence experience for their people.

Consequences and Liabilities of Mishandling FMLA Tracking Internally

Gabe Prusak on September 27, 2023

Since the invention of the “That was easy” button, never once has an HR or People Ops leader pressed it when having to internally track Family and Medical Leave Act (FMLA) leaves. Between keeping tabs on certifications and notifications, hours used and dates moved, there’s a reason why you can’t spell FMLA without FML.

Tracking FMLA internally goes beyond the administrative nightmare that is Excel tabs (we see you, Google Sheet fam) and email archive spelunking. The risks associated with managing FMLA the old-fashioned way can have some serious consequences ranging from legal to operational to financial.

The risks of manually tracking FMLA

If you’re manually tracking your organization’s FMLA with spreadsheets today you are far from alone. However, it’s important to understand that doing so can introduce several challenges that may lead to errors, compliance issues, and operational inefficiencies. Here are some common problems that can arise when using manual spreadsheet-based FMLA tracking:

Data Entry Errors: Even the most meticulous typist is prone to human error. Manual data entry increases the risk of typos, incorrect dates, and other mistakes that can lead to inaccurate tracking of leave entitlements, durations, and eligibility.

Complex Calculations: Since we can never have things be easy, FMLA calculations can be quite complex, especially when determining an employee’s eligibility, tracking intermittent leave, or calculating leave balances. Spreadsheets may not handle these calculations accurately and must be updated manually should any parameters of the leave change.

Documentation Challenges: FMLA requires specific notices, and in many cases you’ll want to collect certifications, and in some instances recertifications. Manually managing and updating these documents can be cumbersome and may lead to missing or outdated records.

Lack of Visibility and Accessibility: Spreadsheets may not provide real-time visibility into leave balances or employee leave histories. This can make it challenging to plan for employee absences and ensure adequate staffing levels. If you’re storing FMLA data on individual computers or shared docs with limited personnel accessibility it may hinder timely decision-making and insights.

Security Concerns: If your process for tracking FMLA doesn’t have robust security features to protect sensitive employee information, it could lead to data breaches or privacy violations.

A Cloudy Audit Trail: In the event of an audit or dispute, it can be challenging to provide a clear and comprehensive audit trail when relying on manual spreadsheet tracking.

Version Control Issues: Multiple versions of the same spreadsheet may circulate within an organization, leading to version control problems and conflicting data.

Scalability Problems: As an organization grows, manually managing FMLA tracking for a larger workforce becomes increasingly impractical and error-prone.

To mitigate these risks and challenges, many organizations are ditching their spreadsheets and dispersed systems and opting for dedicated software that can track FMLA for them, like Tilt. Tilt automates FMLA processes, calculates leave entitlements, generates notifications, and provides secure, centralized storage for documentation. Tilt also helps improve accuracy, compliance, and efficiency while reducing the administrative burden associated with FMLA tracking.

Consequences and liabilities of mishandling FMLA tracking

Now that we’ve covered some of the ways FMLA tracking can go sideways, let’s talk about what can happen should your organization face a situation in which FMLA has been mismanaged. As an employer covered by FMLA (assuming you are if you’re reading this far…) you are required to comply with FMLA regulations, and failure to do so can result in various negative outcomes you should be aware of.

Legal Consequences

Employees who believe their FMLA rights have been violated, due to tracking mismanagement or otherwise, can file lawsuits against their employers. These lawsuits can potentially result in costly legal expenses, settlements, or judgments in favor of the employees.

Additionally, the Department of Labor (DOL) can impose fines and penalties on employers found to be in violation of FMLA regulations. It should be every organization’s goal to track and manage FMLA accurately and efficiently anyway as the average cost to defend an FMLA lawsuit is roughly $80,000. Add to that the fact that it costs employees nothing to file a complaint with the DOL, it makes it all the more important that your processes are sound and scalable.

Employee Relations

We should never lose sight of the fact that while tracking FMLA accurately may be required by law for eligible employees, FMLA leave is also a very human experience. Poor FMLA tracking can lead to confusion and frustration among employees, which can negatively impact morale and overall job satisfaction.

Beyond that, employees who feel their FMLA rights are not being respected or taken into consideration could potentially leave your organization, leading to increased turnover, further negatively impacting morale, institutional knowledge, and recruitment costs.

Operational Disruptions

Knowing when employees are coming and going from leave can feel a bit like an air traffic controller during extreme weather conditions. As a leave evolves and dates change the risk of inaccurate tracking goes up which can lead to staffing problems. If your organization isn’t prepared to adequately and accurately plan for employee absences it can cause a major disruption to workflow and productivity.

Other major disruptors to workflow and productivity are audits and investigations. Failure to comply with FMLA regulations can put your organization under the microscope diverting resources from other operational activities. The less organized and soundproof your FMLA data is, the more disruptive this could be.

Reputational Damage

Harder to measure but easy to see when the news is splattered across social media, negative publicity is never a good thing for an organization. If your manual processes find you’re repeatedly running up against FMLA violations it can damage your organization’s reputation, possibly making the brand less attractive to potential employees, customers, and investors.

How to Make FMLA tracking easy

The best way to avoid the consequences of mishandling FMLA tracking is to minimize your liabilities. Constantly updating and managing spreadsheets and disparate systems that are rife with potential points of failure, from data security to data inaccuracies, is a recipe for FMLA disaster.

Tilt addresses your FMLA tracking liabilities by handling every step of a leave from request to return to work. Tilt educates employees of their rights and responsibilities, and stores all leave data under one safe and secure digital roof.

Tilt ensures that not only are your employees going through all the required steps for a leave, but that their leaves are tracked and updated in real-time as the leave parameters change. We make it clear as day when FMLA starts and stops for your employees as well as how much FMLA has been used, how much is left, and how it may overlap with accompanying benefits they may qualify for (we walk them through applying for those as well!) Of course, Tilt manages all leave types across the country, so we also incorporate ever-changing state leave laws to keep you compliant.

No more digging through old email threads or archived desktop folders for important file information. With Tilt, all sensitive employee information is housed within our platform.

Tilt helps keep you compliant by automating the processes and managing your employees’ leaves from start to finish. We eliminate your administrative burden around tracking FMLA, and alleviate your compliance concerns so you can rest easy at night knowing your employees are getting the leave support they need, consistently, and without the worry of consequences.

About Tilt

An Employer’s Guide to Effectively Managing FMLA Leave

Gabe Prusak on September 27, 2023

You can file this under “O” for “Obvious,” but managing the Family and Medical Leave Act (FMLA) is no walk in the park. The crucial piece of legislation is important for employees seeking to balance work and personal responsibilities, but it can be a complex and challenging process for employers to manage effectively.

Below we’ll delve into the essential steps and strategies that employers must take when dealing with FMLA requests. Moreover, we’ll discuss the importance of open communication, job protection, and health benefits continuation during FMLA leave to maintain a harmonious workplace, as well as tips that help ensure your organization is in compliance with the law.

Enough of the preamble, let’s embark on this journey through the intricacies of FMLA management so you can navigate the terrain successfully.

How to Determine FMLA Eligibility for Employees

When an employee requests a leave of absence, the first step is to ensure that your organization is covered by FMLA. Generally, private-sector employers with 50 or more employees are covered. (Note: If you work for a public agency, including local, state, and federal employers, the FMLA applies to your organization regardless of the number of employees. The same holds true for public school boards and public and private elementary and secondary schools.)

If your organization is covered by FMLA, confirm the employee requesting leave is FMLA eligible by checking they meet the following criteria:

The employee must have worked for the employer for at least 12 months as of the date FMLA is to start (note: the 12 months do not have to be consecutive)
The employee must have worked at least 1,250 hours over the 12-month period immediately preceding the leave
The employee must work at a location where the company employs 50 or more employees within 75 miles.

Employers with remote workforces often struggle with how the “50/75” rule might apply to their population of remote workers, and we offer some perspective on that issue here. It’s also important to note that the employee doesn’t need to mention “FMLA” in order to request leave that is protected by FMLA.

Providing FMLA Notices To Employees

Once the employee’s eligibility status has been determined, HR needs to communicate this determination to the employee. Generally, this should occur within 5 business days of the request for leave. You’ll need to provide written notice of the employee’s rights and responsibilities under the FMLA when you provide the eligibility notice.

You’ll also need to ensure your organization meets general notice requirements under the FMLA, which includes displaying an FMLA poster in plain view for all workers and applicants to see (per the DOL). Covered employers must also provide a general notice containing the same information that is in the poster in its employee handbook (or other written material about leave and benefits), or distribute the general notice to new employees upon hire if no handbook or written leave materials exist.

Requesting Certification for a Leave of Absence

For certain types of FMLA leave, employers are permitted to request certification that supports the employee’s need for leave. When applicable, this documentation can serve as a crucial link between an employee’s request and the legitimacy of their absence, and helps ensure that the FMLA leave is granted for a valid reason.

The employee generally has 15 calendar days to provide the requested documentation, although exceptions may apply. It’s crucial to communicate this requirement clearly to employees and, it can be helpful to follow up to obtain the required certification within the specified timeframe, or understand if an extension of the deadline may be appropriate. By diligently collecting and reviewing certification, employers can ensure that FMLA leave is granted appropriately and in accordance with legal guidelines.

Designating an FMLA Leave

Once an employee has requested FMLA leave and provided the necessary certification or documentation, it’s essential for employers to make a timely determination about whether the leave qualifies under FMLA regulations.

Here’s what’s involved in this designation process:

Review and Verification: HR or designated personnel should carefully review the documentation provided by the employee. Ensure that the paperwork is sufficient and complete and supports the need for leave for an FMLA-qualifying reason.
Notification: Unless there are extenuating circumstances, within five business days of receiving the employee’s complete and sufficient certification, employers must notify the employee whether their leave will be designated as FMLA-protected. This notice should clearly state whether the leave qualifies under FMLA, and if so, the notice should include the amount of leave that will count against the employee’s FMLA entitlement, whether the employee is required to use PTO while on FMLA, and whether the employee needs to submit a return-to-work certification to return to work.
Tracking: Accurate record-keeping is essential during this phase. Maintain a record of the notification sent to the employee, copies of their certification and documentation, and any correspondence related to the leave designation.
Concurrent Leave: It’s important to coordinate FMLA leave with other forms of paid or unpaid leave an employee may be eligible for, such as state leave law entitlements and company-paid benefits. Properly designating FMLA leave not only informs employees of their rights and responsibilities but also helps employers manage their workforce effectively. It establishes clear boundaries for the leave period, allows for efficient tracking, and ensures compliance with FMLA regulations.

FMLA Leave Tracking and Documentation

Once FMLA leave is designated and an employee begins their approved leave, diligent tracking becomes essential. Maintaining detailed records of FMLA leave helps ensure that your organization complies with legal requirements, including leave duration and FMLA usage. Accurate tracking also allows employers to ensure job protection and benefits continuation for employees on FMLA leave.

While tracking is vital throughout a leave, comprehensive documentation is the backbone of successful FMLA management. Thoroughly record all FMLA-related interactions, decisions, and paperwork, while ensuring that all medical paperwork is kept confidential and in a place that’s separate from the employee’s personnel file. Regardless of whether the leave is approved or denied, documentation can be crucial in case of legal disputes or audits.

Detailed records demonstrate that your organization follows FMLA regulations meticulously, reducing legal risks. It also promotes the consistent application of policies to ensure the fair and equal treatment of all employees.

Proper FMLA tracking and documentation can be a massive headache if you don’t have an effective process in place, but is necessary to help organizations manage their workforce efficiently while complying with FMLA regulations, ensuring a smooth transition for employees returning from leave.

Maintaining Communication Throughout FMLA

Effectively managing FMLA is more than just checking boxes and documenting the heck out of everything. Perhaps the most important thing to remember is that this is a very human event that you’re being asked to manage. Life events your employee population go through that require leave can be some of the most difficult times in their lives, which is why ongoing and open communication with employees on FMLA leave is so important.

Periodic check-ins and updates are not required by FMLA regulations, but they are considered a best practice that demonstrates care for employees while alleviating additional stress during their absence. It’s important to note that these communications should be focused on how the employee is doing and not related to work, or any topic that may cause the employee to feel that they should return sooner than necessary. Staying in touch also allows employers to understand the employee’s progress, expected return date, and any changes in circumstances.

Another overlooked aspect of FMLA management is helping them transition from leave back to work. Return-to-work communication and planning aids in ensuring a smooth transition back to their original (or equivalent) role.

The Importance of Training Managers on FMLA

Managers are great at managing, what they aren’t always so great at is understanding the ins and outs of FMLA. To navigate FMLA effectively, it’s crucial to train managers and equip them with a solid understanding of FMLA regulations and procedures, as well as the know-how required to help identify potential FMLA situations that may require escalation to HR for consideration. This will help ensure that your organization minimizes the risk of legal issues or penalties due to managerial missteps.

Consistency is key, so if managers across your organization are applying FMLA policies non-uniformly you could potentially be in some legal hot water as it pertains to discrimination or other issues. Equipping managers with the knowledge to support employees effectively throughout the FMLA process, however, fosters trust and cooperation, reduces errors and misunderstandings, and helps make for a smooth return-to-work process.

Seek FMLA Legal Advice if Needed

It goes without saying, but if your spidey sense is tingling about any part of your FMLA management process, or if you encounter complex FMLA situations, or just have concerns about FMLA compliance in general, consult with legal counsel or HR professionals with expertise in FMLA regulations.

A Comprehensive Guide to Managing Leave of Absence Requests

1. How to Determine Leave Eligibility for Employees

2. The Importance of Leave of Absence Communication

3. Required Documentation for a Leave of Absence

4. Record-Keeping Requirements for a Leave of Absence

5. How to Define Your Leave of Absence Policies

6. Creating a Good Leave of Absence Approval Process

7. Building a Leave of Absence Return-to-Work Plan

8. Leave of Absence Coordination with Payroll

9. Job Protection Rules for a Leave of Absence

10. Complying With Leave of Absence Regulations

About Tilt

Consequences and Liabilities of Mishandling FMLA Tracking Internally

The risks of manually tracking FMLA

Consequences and liabilities of mishandling FMLA tracking

How to Make FMLA tracking easy

About Tilt

An Employer’s Guide to Effectively Managing FMLA Leave

How to Determine FMLA Eligibility for Employees

Providing FMLA Notices To Employees

Requesting Certification for a Leave of Absence

Designating an FMLA Leave

FMLA Leave Tracking and Documentation

Maintaining Communication Throughout FMLA

The Importance of Training Managers on FMLA

Seek FMLA Legal Advice if Needed

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