things to consider
Does your company have more than 50 employees working within a 75-mile radius?
If, YES, your employees may be entitled to 12 weeks of unpaid, job-protected leave in a 12 month period. Any employee who has worked more than 1250 hours and has been employed for longer than 1 year (the year need not be consecutive) is covered under federal FMLA. Other state leave acts may have different eligibility requirements.
When can this leave be taken?
Employees may request leave for a number of reasons, including:
- The birth of a child or to care for the newborn.
- The placement and care of a child for adoption or foster care within one year of placement with the employee.
- To care for a spouse, child, or parent who has a serious health condition.
- A serious health condition that makes the employee unable to perform the essential functions of his or her job.
- Any qualifying emergency with an employee’s spouse, son, daughter, or parent who is a covered military member on “covered active duty”.
- Or twenty-six workweeks of leave during a single 12-month period to care for a service member with a serious injury or illness, if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
Does FMLA leave have to be taken at one time?
No, employees may take the leave at one time, or on an intermittent basis. ClaimVantage’s Absence Management software assists employers when determining whether or not employees’ leave claims are legitimate in accordance with federal and state laws. The automated solution will also notify you if an employee misses work for an absence that is not certified by a physician.
How much notice must an employee provide for a leave?
An employee must provide his/her employer with 30 days notice if possible. Or in an emergency, as soon as possible. The employer must then inform the employee if the leave is eligible under federal FMLA or any state leave laws within 5 days of the initial request.
Does state leave run concurrently, or in addition to FMLA?
The answer to this question depends on the leave type and the reason the employee is requesting leave, which differs from state to state. ClaimVantage’s Absence Management software takes into account the different state and federal laws and specific requirements with which each company must comply. Built on the Salesforce platform, the cloud-based solution is constantly updated as regulations change.
How can I best manage both the FMLA and State leave requests?
Unfortunately, many companies still keep absence management records using spreadsheets or outdated software. These methods can be time-consuming, inefficient, and leave room for error. According to a 2010 Mercer study, almost half of all respondents placed improving FMLA management as a top priority! ClaimVantage’s easy-to-use software solution provides a cloud-based platform to employers who prefer to manage leave for their employees. ClaimVantage’s Absence Management software determines an employee’s eligibility for Federal and State leave systematically. It then runs the applicable leave types concurrently or independently, based on federal and state laws, without human intervention.
Intermittent FMLA is complicated
According to a study by the Society of Human Resource Management, the most difficult FMLA related activity is tracking and administering intermittent leave and 4 out of 10 HR managers reported approving FMLA requests that they believed were illegitimate. ClaimVantage makes intermittent claim management effective and accurate by systematically comparing any absence to the approved frequency and duration that the physician specifies. This software solution approves appropriate absences and will alert you when the employee has requested an absence that may not be covered.
How can I keep an accurate record of these claims?
With ClaimVantage’s automated system, each step of the process is documented in its Claim Diary. All correspondence is systematically generated and retained. It’s easy to export the entire claim history in PDF format. The Department of Labor (DOL) is increasing onsite audits, so having a record for all employees is vital. Errors in FMLA administration are exceptionally costly. Unless your manual system is frequently audited and updated, an organized, automated system, like ClaimVantage’s, may be the right choice for your company.
What happens if my absence management is incorrect?
If an absence claim is not managed properly, employees may get more or less time off than they are legally entitled to, which leaves you either short-staffed or out of compliance with the law and at risk for litigation. ClaimVantage’s Absence Management software assists you in making an accurate determination on an FMLA request to avoid any incorrect denials or approvals of too much time. ClaimVantage manages all calendar types and advises the user when the employee is nearing exhaustion of available FMLA time, as well as systematically regaining time for you.
What are the costs associated with FMLA and absence leave?
There are direct and indirect costs to consider. Indirect costs include temporary worker salaries, overtime, business disruption, a lapse in product delivery, customer satisfaction, and employee turnover. Direct costs include the absence management software required to keep FMLA compliant and the training required to keep HR staff up to date. Because ClaimVantage understands these fiscal realities, the cost is based on the number of users. Whether you have a small or large business, ClaimVantage provides you with an affordable solution.
Manage All Absences
Replace manual leave of absence spreadsheet tracking with a fully automated technology. ClaimVantage Absence Management software guides your company through the compliance puzzle, step-by-step, including managing FMLA compliance, state-specific regulations, and ADA management.