FMLA Regulations

• FMLA is considered an employee benefit, therefore the company's compensation and benefits specialist is generally responsible for interpreting the regulations and maintaining up-to-date and current changes regarding FMLA leave. Portions of the FMLA regulations are complex, particularly where eligibility, medical certifications and communicating with employees are concerned. Understanding FMLA regulations requires knowledge of federal and state government rules and benefits administration. FMLA affects employers in terms of ensuring compensation, and benefits specialists are well-versed in the application of FMLA regulations to individual employee circumstances. Continuous, employer-sponsored training is a necessity for specialists whose job duties require knowledge of FMLA rules.
  
  

Monitoring Absences

• Monitoring employee absences is probably one of the most challenging tasks of FMLA leave for benefits specialists. FMLA regulations provide for unpaid leave. Although rare, some employers offer paid leave for FMLA absences. When employers require that employees use their paid time off for FMLA absences, the benefits specialist is responsible for monitoring time off either in blocks of time or intermittent leave periods. Employers have several options for calculating employee absences. They can calculate time according to the regular calendar year, a 12-month period starting from the date on which the employee begins his leave of absence or a 12-month period that runs concurrent with the employee's date of hire and anniversary date. In addition to monitoring FMLA absences according to accrued leave, department supervisors and managers must transfer responsibilities or shift work duties to other employees for adequate staffing.
  
  

Coordinating Benefits

• Coordinating benefits affects employers in terms of group health plan contributions. Determining which benefits an employer is required to maintain and which of the employee benefits are suspended during FMLA leave requires knowledge of the regulations as well as familiarity with how to administer employee benefits under regular circumstances. In cases where an employer pays its portion of health insurance premiums and the employee doesn't return to work after FMLA leave, the employer can recover those payments from the former employee. Collecting payments previously made on behalf of an employee can be a challenge for some employers.
  
  

Return to Work

• Return-to-work issues have a significant impact on employers. Employees who exhaust their FMLA leave or cannot return to work because their physician cannot certify their ability to return can affect the employer's staffing and schedules. In addition to staffing concerns, employers must be well aware of employer and employee rights pertaining to complex return-to-work matters. Under normal circumstances, employees who return to work must be returned to work of equal status and benefits as if they had not taken FMLA leave. Other issues involve concurrent use of FMLA leave and leave due to workers' compensation. The affect this has on the employer is a matter to be resolved by both the benefits specialist and the company's safety and risk management specialist.