New WorldatWork Survey Results: Compliance Time, Intermittent Leave Lead Employer FMLA Concerns
SCOTTSDALE, Ariz. - WorldatWork members responding to a 2005 survey on FMLA leave cited compliance time, the loose definition of intermittent leave and the short turn-around time to respond to employee requests for leave under the Family and Medical Leave Act as the leading issues that need to be clarified.
Respondents indicated they were spending between thirty minutes and two hours of administrative time per FMLA leave episode to provide notice, determine eligibility, request and review documentation and request a second and/or third opinion. Additionally, many employers are reluctant to track specific information about an employee's serious health condition due to concerns with running afoul of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
In addition to the administrative time spent on each FMLA leave episode and HIPAA concerns, survey respondents indicated a desire for clarification of the intermittent leave provision. For employees that took less than one full day of FMLA leave for a serious health condition of their own (as opposed to a family member's condition), 26 percent were out for more than 6 hours; 51 percent were out 4 to 6 hours; and 23 percent were out for 1 to 3 hours.
"Employers only have two days to respond to FMLA leave requests. Where foreseeable, employers seek greater lead time to plan for employee absences, so that employees wishing to take FMLA leave can be accommodated without putting a strain on employees who have to make up the slack. Overall, the FMLA is a good law, but as so often happens, the devil is in the details," said Anne C. Ruddy, President of WorldatWork. "This survey shows that our members would appreciate adjustments to make the law and regulations work better for their companies and their employees. "
In addition to reforming existing regulations, 55 percent of WorldatWork members also agreed that the law should allow adult children over the age of 18 to qualify as an immediate family member. Ms. Ruddy heartily concurs, saying "Trying to explain to employees that they can take FMLA leave for their 17 year old and their parent, but not their 18 year old doesn't usually go well."
Journalists may request a complimentary copy of the full survey report.
About WorldatWork®
The Total Rewards Association
WorldatWork (www.worldatwork.org) is a global human resources association focused on compensation, benefits, work-life and integrated total rewards to attract, motivate and retain a talented workforce. Founded in 1955, WorldatWork provides a network of more than 30,000 members and professionals in 75 countries with training, certification, research, conferences and community. It has offices in Scottsdale, Arizona, and Washington, D.C.
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