Use peer pressure to reduce Family and Medical Leave Act abuse

Michelle Hicks

This summer, the Department of Labor issued a new interpretation of who can take time off to care for a child under the Family and Medical Leave Act. Now, just about any employee has a right to receive unpaid leave to care for a child, even if there is not a legal or biological relationship with the child. Employees just need to provide their employers with a statement of their relationship.

I can hear the groans of concern among the HR professionals who have been administering FMLA since its inception in 1993. Although the intentions behind such laws and interpretations that expand them are noble, the practical application is challenging for many reasons. One is that it is human nature that some employees already abuse leave entitlements. The abuse creates unexpected absences, which can lead to workforce disruptions. Expanding the definition of who can stand in for parents and receive unpaid leave and job security can be an invitation for even greater abuse if not managed carefully.

Employers have learned best practices over the years to curb FMLA abuse. Smart employers will be even more vigilant in understanding and implementing those practices now. Ideas include a requirement that all paid leave be exhausted before an employee can take FMLA because employees will be less likely to burn through paid vacation if it is not absolutely necessary.

Another is to ensure that frontline supervisors understand FMLA rules, apply them consistently and fairly, and take appropriate disciplinary actions when an employee is exploiting or abusing leave policies. Often, upon suspicion, it is important for the supervisor to involve an HR manager to assist them in properly documenting the questionable behavior.

The DOL’s expanded interpretation of who can assume parental duties also creates another potential issue among the workforce. It extends to “non-traditional” families, including unmarried partners and families in the lesbian-gay-bisexual-transgender community. Employers should be prepared to understand that some frontline supervisors may have conceptual or moral obligations to these family definitions.

For this reason, it is critical that those supervisors receive clear training that explains the new definition and that it must be honored, regardless of any personal disagreement. It will also be important to point out that while FMLA applies to LGBT families, it also enables aunts and uncles or even a family friend to assume responsibility for a child if a single parent is called to active military duty.

It is important for employers to take action to review existing leave policies and practices and make any necessary updates to forms and employee handbooks. But, it is just as important that employers understand dotting I’s and crossing T’s doesn’t ensure successful implementation of these new rules.

The best way to ensure compliance and discourage employee abuse is to clearly communicate about the intent of FMLA throughout the organization as it relates to your overall benefits philosophy. Tell stories of how it can be used successfully to help employee families (but avoid real-life examples to protect privacy).

For example, when a child develops a serious illness and needs treatment, explain how the leave can enable a parent to be at that child’s bedside. Such stories can help your organization develop a culture of compassion – but one that is intolerant of abuse. When employees are educated about how FMLA is intended to work, they will not tolerate its abuse. That knowledge can create a powerful social bias or peer pressure that discourages abuse of FMLA leave.

FMLA is intended to help our country ensure children have the help and support they need. Like any law, it can only be successful when everyone understands it and keeps a vigilant eye on its right use. The expanded interpretation of who can stand in for parents is an opportunity for employers to build community within their organization – and to leverage that community to weed out any temptation to abuse it.

Michelle Hicks is a communications consultant with Buck Consultants. Contact her at michelle.hicks@buckconsultants.com.

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One Response to “Use peer pressure to reduce Family and Medical Leave Act abuse”

1. Arteryzep Says:
   January 28th, 2011 at 12:06 pm

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