Medical Leave Costs Employers Billions
The number of employees taking leave under the Family Medical Leave Act has increased rapidly over the past four years and is costing employers billions. When complying with FMLA requests, employers have reason to be cautious, about 25 percent of all FMLA leave reflects misuse or abuse of the law.
(PRWEB) June 13, 2005
The number of employees taking leave under the Family Medical Leave Act has increased rapidly over the past four years, and is costing employers billions, according to the Employment Policy Foundation.
The EPF found that FMLA compliance cost companies $21 billion last year in lost productivity, continued health benefits and labor replacement.
When complying with FMLA requests, employers have reason to be cautious. About 25 percent of all FMLA leave reflects misuse or abuse of the law, according to U. S. Department of Labor research.
The FMLA gives eligible employees up to 12 weeks of unpaid leave per 12 month period for treatment of a serious medical condition, to care for a family member, to give birth or adopt a child. An eligible employee is one who has been working for at least one year at a company with more than 50 employees within a 75-mile radius.
An Excuse for Absence:
While the FMLA gives time off to employees who truly need it, other employees may abuse the Act, finding a “serious medical condition” to fit their own situation.
“Employees have discovered how to use FMLA when they want time off from work and not lose their job for it,” said Ashley Kaplan, employment law attorney with Sunrise, Florida-based G. Neil Corp.
The DOL classifies a “serious medical condition” as one that requires inpatient treatment, chronic illness or period of incapacitation for more than three consecutive days.
With simple doctorsÂ’ notes, employees across the country are using FMLA for ailments ranging from ingrown toenails to recurring migraines.
“Some employees play up their conditions to convince their doctors to sign FMLA paperwork,” Kaplan said.
Disputes between employers and employees over FMLA many times happen regarding whether or not an illness falls within the definition of a serious health condition.
“Employers many times agree to FMLA requests, even if the reason doesn’t seem legitimate, because they are afraid an employee will come back with a lawsuit,” Kaplan said.
Preventing Abuse:
Kaplan advises companies to have a written FMLA policy explaining employeeÂ’s rights published in the employee handbook and posted in the workplace.
The Act allows employers to require that employees exhaust paid vacation or personal time while on FMLA leave.
“Forcing employees to use up their vacation time could cut down on the number of FMLA abuse cases because employees usually don’t want to use up that time,” Kaplan said.
Recently, business groups have been pushing the DOL to more clearly define what constitutes leave under the FMLA.
Until the DOL approves a narrower definition, G. Neil, which has specialized in labor law and human resource solutions for more than 15 years, offers numerous tools to help employers comply with FMLA.
Based in Sunrise, Fla., G. Neil develops and markets thousands of “tools to manage and motivate people” to more than one million businesses nationwide. G. Neil specializes in products that keep employers out of court, HR forms and software, employment and substance testing, workplace safety solutions, and employee motivation products.
Contact:
Ashley Kaplan
954-846-8899
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