On January 16, 2009, new regulations and amendments to the Family Medical Leave Act (FMLA) went into effect that include the new Military Caregiver Family Leave, and the Qualifying Exigency Family Leave policies. What does this mean for HR? More headaches? Maybe, maybe not. But, there are definitely more regulations to learn and implement at your organization to avoid liability.

How do you avoid the headaches and maintain compliance with FMLA? Automate. Automate. Automate. Workforce management systems today are HR’s new best friend in the workplace.

A common violation employers make regarding FMLA compliance is unknowingly denying leave to eligible employees. If you do not keep accurate records of an employee’s time and eligibility, you run the risk of non-compliance and liability. Workforce management software manages and automates all aspects of employee time, including all hours worked and all types of time off—vacation, bereavement, FMLA leave, workman’s compensation, disability leave, etc. By tracking and storing this information, the employer has the necessary documentation to determine employee leave and meet federal and state compliance regulations, as the employer must keep this information for three years.

Intuitive workforce management systems notify HR and managers when an employee submits a leave request which may indicate a possible FMLA scenario, so HR receives critical information in real-time. This increased visibility into possible FMLA-related absences lowers costs and simplifies the management of FMLA events.

FMLA provides for up to 12 weeks of unpaid leave each year for any of the following reasons for eligible employees:

1. The birth and care of the newborn child of the employee
2. The placement with the employee of a child for adoption or foster care
3. To care for an immediate family member (spouse, child, or parent) with a serious health condition
4. To take medical leave when the employee is unable to work because of a serious health condition

The Caregiver Military Leave provides up to 26 weeks of unpaid leave within a 12-month period to care for a spouse, son, daughter, parent, or next of kin for a service member who suffers from a serious injury or illness incurred on active duty. A covered service member is a member of the Armed Forces, including the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy. Employees cannot take Military Caregiver Leave for former members of the Armed Forces, National Guard or Reserves or members on the permanent disability retired list.

Effective, January 16, 2009, an employee may take up to 12 weeks of FMLA, intermittently or on a reduced leave schedule, for a qualifying exigency that occurs when a spouse, parent, or child is on or has been called to active duty. There are eight reasons an employee can take a Qualifying Exigency Family Leave:

1. Short Notice Deployments (7-day limit)
2. Military Events
3. Childcare and School Activities
4. Financial and Legal Arrangements
5. Counseling
6. Rest and Recuperation (5-day limit)
7. Post-deployment Activities
8. Additional activities agreed to by an employer and employee

FMLA is one of the more complex state and federal regulations that employers must comply with, so it is important that HR professionals have the resources to stay up-to-date with changes and have the tools to help maintain compliance.

How do Workforce Management Systems Help Manage FMLA?
Workforce management software helps HR manage and automate the complex details of FMLA tracking.

Here are a few issues employers face when it comes to FMLA and how workforce management software helps solve these issues.
Employees need to submit FMLA requests
Software Solution: Workforce management software offers employee self-service functionality for time-off requests that may qualify for FMLA

Insufficient monitoring & alerts of possible FMLA scenarios
Software Solution: Workforce management software pre-defines alerts to notify managers of possible FMLA conditions and routes approvals to the manager and/or HR

Employees need to submit documentation & fill out forms for FMLA leave
Solution: Workforce management software electronically alerts HR to an FMLA request, so the proper forms are routed to the employee

Only employees who worked 1,250 hours in the last year are eligible
Solution: Workforce management software automatically verifies employee FMLA eligibility, and issues a warning when the employee is not eligible

Sick time must be used in conjunction with FMLA
Solution: Workforce management software provides mechanisms to automatically use paid sick time before FMLA leave is taken so the employee cannot take more than 12 consecutive weeks off

This month’s Learning Series webinar, “Family and Medical Leave Act: FMLA Amendments and New Regulations,” is a 90-minute, in-depth discussion on the new regulations surrounding FMLA.