Employers Struggle Most with Tracking FMLA

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Organizations could cite a countless number of reasons that they find FMLA administration challenging, but according to a 2013 ERC survey, top among these reasons is “tracking”. According to the 2013 ERC FMLA Practices Survey, “tracking” is the number one challenge for 40% of the participants, up 12% since the survey was last published in 2011. Other somewhat less common challenges include overall compliance (23%), determining overall costs associated with FMLA absences (17%) and determining what constitutes a serious health condition (12%).

Variable Administration Practices

Given the difficulties employers face with tracking FMLA, the fact that their methods for doing so continue to vary from organization to organization is largely unsurprising. For example, over half of the respondents (56%) reported using a rolling 12 month period measured forward, but nearly one-third use a rolling 12 month period measured backward and 10% us a calendar method.
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Compliance and Tracking are Key FMLA Challenges

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According to the 2012 ERC/CareWorks FMLA Practices Survey, Northeast Ohio employers face numerous challenges associated with administering employee leave under the Family Medical Leave Act (FMLA). The survey cites that the biggest challenges employers face when administering leave under the Family Medical Leave Act (FMLA) are tracking leave, determining the overall costs associated with FMLA absences, and overall legal compliance. Determining what constitutes a serious health condition and meeting paperwork deadlines designated by the Department of Labor (DOL) were also cited as challenges, but were less common.

Additionally, 56% of respondents said they believe they are capturing all situations at their organization which should be designated as FMLA, further suggesting that several employers are experiencing challenges with tracking and administering the law.

"Employers spend a significant amount of time administering FMLA, but continue to struggle with compliance.  Every step of the FMLA administration process requires a substantial amount of detail, so an employer needs someone who is highly trained on the FMLA regulations and can stay on top of each claim on a daily basis," says Holly Moyer, Senior Disability Management Consultant at CareWorks. Holly adds, "The legal exposure for FMLA is on the rise, therefore it is critical for employers to have a well governed FMLA Administration program in place that focuses on compliance and consistent claim handling."

To download the full results of the survey, please click here. Or, to learn more about CareWorks and the services they can provide for ERC members as a Preferred Partner, please click here.

ERC Preferred Partner CareWorks provides Absence Management and FMLA Administration. ERC Members save 5% off per EE per month fee or a $500 discount off Initial Set-up Fee