Work Comp Roundup - Reduce Your Workers Compensation Insurance Coverage Costs with Timely Information for Employers » Absence Management http://blog.reduceyourworkerscomp.com Reduce Your Workers Comp Costs | www.LowerWC.com | Stomp Out High Workers Comp Costs Fri, 10 Feb 2012 00:30:53 +0000 en hourly 1 http://wordpress.org/?v=3.0.5 Survey Says Consumers Want Employers to Do More with Health Plans http://blog.reduceyourworkerscomp.com/2012/01/survey-says-consumers-want-employers-to-do-more-with-health-plans/?utm_source=rss&utm_medium=rss&utm_campaign=survey-says-consumers-want-employers-to-do-more-with-health-plans http://blog.reduceyourworkerscomp.com/2012/01/survey-says-consumers-want-employers-to-do-more-with-health-plans/#comments Mon, 09 Jan 2012 01:11:14 +0000 Robert Elliott, J.D. http://blog.reduceyourworkerscomp.com/?p=21533
As U.S. companies continue to ask workers to shoulder a greater burden of the cost of health care, a recent survey from Aon Hewitt, The Futures Company and the National Business Group on Health, reveals that consumers want their employers to do more to help them improve their health and get the most from their employer-provided health and wellness plans.


Together with the National Business Group on Health and The Futures Company, Aon Hewitt surveyed more than 3,000 consumers (employees and their dependents) covered by employer health plans to determine their perspectives, behaviors and attitudes towards health and wellness.(WCxKit)


Under continued pressure to mitigate costs and adjust to new regulations, employers are continuing to carefully consider the future of their employer-provided health plans. However, as they adjust their plan design and wellness strategies, the survey finds that many employers are not aligning these strategies with the goals, needs and concerns of their employees.


While a majority of consumers (74 percent) are worried about being able to afford health care now and in the future, they understand that health improvement programs, along with well-designed employer-provided health benefit plans, can help them get healthier while also holding down costs. But, the survey reveals that workers really want four simple things -programs and communication that are easy to use, motivating and meaningful to them, but that also provide personalized information and ideas.


"Employers continue to face countless challenges when it comes to offering health plans that effectively meet the needs of workers and their families, while also managing rising costs," said Helen Darling, president and CEO of the National Business Group on Health. "We hear over and over that the key to ensuring real health improvement is employee engagement, so knowing what employees want and what will motivate them is essential to success. Consumers are telling us that the one-size-fits-all approach to health and wellness is not working for them. In order to help with their challenges and reduce costs, they want health programs that speak to their individual and families' health care needs."


Faced with rising health care costs and new regulations, more employers are introducing health care plans that require workers to take more responsibility for managing their health and the related costs. In fact, a recent Aon Hewitt report shows that 51 percent of employers now offer a Consumer Driven Health Plan (CDHP), up from just 9 percent in 2005.


The good news for employers is that consumers are willing to try CDHPs if the immediate cost savings are apparent. Among those with a choice, most employees (63 percent) select a CDHP because of the lower premium costs.


Additionally, 39 percent choose this plan option because their employer contributes to an associated account-Health Savings Account (HSA) or a Health Reimbursement Account (HRA). In fact, among those enrolled in a CDHP who have a choice, over 90 percent will definitely or probably re-enroll. While CDHPs are, in part, intended to encourage workers to take a more active role in their health, the survey findings indicate that they are having a mixed effect on behaviors.


Encouragingly, 42 percent are getting more preventive care and 40 percent are looking for lower cost health services options since choosing this plan. More troubling, a sizeable number of workers (35 percent) are sacrificing or postponing care (28 percent) to avoid out-of-pocket costs.


"While an eye towards cost is certainly a valid and reasonable reason for consumers to select a certain health care plan, choosing a plan that fits a worker's lifestyle and needs also ensures that people are getting the most appropriate coverage for their needs," said Cathy Tripp, managing principal Health & Benefits at Aon Hewitt and project leader for this study. "However, employers need to make sure workers aren't sacrificing health and the future costs of poor health for lower costs today. Giving employees the tools and advice to decide what is the most appropriate plan for them is critical."


When it comes to tools to help them make health decisions, consumers want information that is tailored to their specific situation. Half of participants (50 percent) want a personalized plan that recommends specific actions they can take to improve their health based on their health status, up 9 percentage points from 2010. Workers are also looking for convenient, one-stop access to information with 40 percent expressing a preference for a wellness website and more than a third (35 percent) want personalized health tips and reminders. Cost is still not far from the minds of consumers though. Fully 44 percent would like cost savings tips and a third (33 percent) want cost estimating tools.


"If companies truly want to move the needle in terms of overall health and cost, they have to stop looking at employees as one group, and start looking at the individual," stressed Joann Hall Swenson, principal and health engagement best practice leader at Aon Hewitt. "Employers can customize health information and related programs to address the specific health conditions and risks of their workers as well as offer specific tips and actionable steps they can take to improve their condition. In addition, offering tools that allow individuals to see and understand the cost of their health care services goes a long way in helping workers make the most of their health care dollars."


In addition to shifting a greater share of the cost to employees, companies are also looking at ways to get employees and their dependents healthier. According to consumers, the best way to motivate them to participate in employer-sponsored health plans is by using rewards. More than half of consumers would prefer either non-cash or cash incentives to encourage them to take part in wellness (60 percent), condition management programs (50 percent) or respond to a health risk questionnaire (58 percent).


For employers, getting workers engaged in their health is critical to health improvement and cost containment. However, the survey finds that there is a disconnect between how healthy people think they are and how healthy they actually are.


The Centers for Disease Control and Prevention reports that approximately one-third (33.8 percent) of U.S. adults are obese, though only 24 percent of survey participants say they are obese. Similarly, the survey found that more than three-quarters (76 percent) of consumers rated their health as "very good" or "good,” while just 15 percent considered their health "fair" or "poor." While employees may think they are healthier than they likely are, they do acknowledge that their health is not perfect. Approximately 60 percent of consumers report having at least one health condition with obesity, high blood pressure and back pain most often mentioned.


"This lack of awareness between real and perceived health is a huge problem since we know that concerns about risk factors can help overcome our natural tendency to put-off making the tough life changes needed to significantly reduce health risks," stressed Darling.


Despite the potential disconnect between real and perceived health status, consumers do understand what it takes to get and stay healthy. When ranking what matters most to their health, many (85 percent) say that good health is a result of making smart health choices each day, over two-thirds (68 percent) say that getting regular preventive care ranks in the top three, while 40 percent rank living and working in a healthy environment in the top three. While people know what it takes to be healthy, there are still often barriers to reaching health goals. Most people cite lack of time (42 percent), cost (40 percent) and unwillingness to sacrifice (35 percent) as the leading obstacles to getting and staying healthy.


Consumers do acknowledge that there are people and things in their lives that may help move the needle when it comes to improving their health. Nearly three-quarters (72 percent) are influenced by advice from a doctor, almost half (47 percent) from friends or family, and 41 percent from general health websites. Just 13 percent consider health information from their employer a trusted source.


To improve health and productivity, employers are increasingly offering programs to both workers and their dependents such as biometric screenings, health risk assessments, onsite clinics/pharmacies and Employee Assistance Programs. However, many employees and their dependents do not seem to be aware of many of these programs. In 2011, more than one-third (36 percent) of consumers did not participate in any health program or service offered by their employer. Among the programs that workers did participate in, blood tests or biometric screenings were the most popular (61 percent participation), followed by health risk assessments (57 percent participation).


Despite low participation, when workers do take part in these programs, satisfaction is extremely high. Almost all (97 percent) of consumers who took part in blood work/biometric screening were satisfied, 97 percent were happy with their on-site clinic or pharmacy, and 92 percent were satisfied with the health risk assessment.


In addition to lack of awareness, and despite the availability of health improvement programs, many consumers do not feel their employers are fully supportive in helping them get and stay healthy. A majority of workers (60 percent) think their company is only moderately-to-not supportive when it comes to their efforts to be healthy.(WCxKit)



"Employers may be missing the mark when it comes to health improvement programs being offered to workers," said Tripp. "Workers need to see that their efforts to become healthy are supported by the company. Developing a culture where leaders care and support healthful living communicates to workers that this matters to the company."
 
 
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He is an editor and contributor to Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: Info@ReduceYourWorkersComp.com.
 
 
WORKERS COMP MANAGEMENT GUIDEBOOK:  www.WCManual.com
 
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php
 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contactInfo@ReduceYourWorkersComp.com.
]]>
As U.S. companies continue to ask workers to shoulder a greater burden of the cost of health care, a recent survey from Aon Hewitt, The Futures Company and the National Business Group on Health, reveals that consumers want their employers to do more to help them improve their health and get the most from their employer-provided health and wellness plans.


Together with the National Business Group on Health and The Futures Company, Aon Hewitt surveyed more than 3,000 consumers (employees and their dependents) covered by employer health plans to determine their perspectives, behaviors and attitudes towards health and wellness.(WCxKit)


Under continued pressure to mitigate costs and adjust to new regulations, employers are continuing to carefully consider the future of their employer-provided health plans. However, as they adjust their plan design and wellness strategies, the survey finds that many employers are not aligning these strategies with the goals, needs and concerns of their employees.


While a majority of consumers (74 percent) are worried about being able to afford health care now and in the future, they understand that health improvement programs, along with well-designed employer-provided health benefit plans, can help them get healthier while also holding down costs. But, the survey reveals that workers really want four simple things -programs and communication that are easy to use, motivating and meaningful to them, but that also provide personalized information and ideas.


"Employers continue to face countless challenges when it comes to offering health plans that effectively meet the needs of workers and their families, while also managing rising costs," said Helen Darling, president and CEO of the National Business Group on Health. "We hear over and over that the key to ensuring real health improvement is employee engagement, so knowing what employees want and what will motivate them is essential to success. Consumers are telling us that the one-size-fits-all approach to health and wellness is not working for them. In order to help with their challenges and reduce costs, they want health programs that speak to their individual and families' health care needs."


Faced with rising health care costs and new regulations, more employers are introducing health care plans that require workers to take more responsibility for managing their health and the related costs. In fact, a recent Aon Hewitt report shows that 51 percent of employers now offer a Consumer Driven Health Plan (CDHP), up from just 9 percent in 2005.


The good news for employers is that consumers are willing to try CDHPs if the immediate cost savings are apparent. Among those with a choice, most employees (63 percent) select a CDHP because of the lower premium costs.


Additionally, 39 percent choose this plan option because their employer contributes to an associated account-Health Savings Account (HSA) or a Health Reimbursement Account (HRA). In fact, among those enrolled in a CDHP who have a choice, over 90 percent will definitely or probably re-enroll. While CDHPs are, in part, intended to encourage workers to take a more active role in their health, the survey findings indicate that they are having a mixed effect on behaviors.


Encouragingly, 42 percent are getting more preventive care and 40 percent are looking for lower cost health services options since choosing this plan. More troubling, a sizeable number of workers (35 percent) are sacrificing or postponing care (28 percent) to avoid out-of-pocket costs.


"While an eye towards cost is certainly a valid and reasonable reason for consumers to select a certain health care plan, choosing a plan that fits a worker's lifestyle and needs also ensures that people are getting the most appropriate coverage for their needs," said Cathy Tripp, managing principal Health & Benefits at Aon Hewitt and project leader for this study. "However, employers need to make sure workers aren't sacrificing health and the future costs of poor health for lower costs today. Giving employees the tools and advice to decide what is the most appropriate plan for them is critical."


When it comes to tools to help them make health decisions, consumers want information that is tailored to their specific situation. Half of participants (50 percent) want a personalized plan that recommends specific actions they can take to improve their health based on their health status, up 9 percentage points from 2010. Workers are also looking for convenient, one-stop access to information with 40 percent expressing a preference for a wellness website and more than a third (35 percent) want personalized health tips and reminders. Cost is still not far from the minds of consumers though. Fully 44 percent would like cost savings tips and a third (33 percent) want cost estimating tools.


"If companies truly want to move the needle in terms of overall health and cost, they have to stop looking at employees as one group, and start looking at the individual," stressed Joann Hall Swenson, principal and health engagement best practice leader at Aon Hewitt. "Employers can customize health information and related programs to address the specific health conditions and risks of their workers as well as offer specific tips and actionable steps they can take to improve their condition. In addition, offering tools that allow individuals to see and understand the cost of their health care services goes a long way in helping workers make the most of their health care dollars."


In addition to shifting a greater share of the cost to employees, companies are also looking at ways to get employees and their dependents healthier. According to consumers, the best way to motivate them to participate in employer-sponsored health plans is by using rewards. More than half of consumers would prefer either non-cash or cash incentives to encourage them to take part in wellness (60 percent), condition management programs (50 percent) or respond to a health risk questionnaire (58 percent).


For employers, getting workers engaged in their health is critical to health improvement and cost containment. However, the survey finds that there is a disconnect between how healthy people think they are and how healthy they actually are.


The Centers for Disease Control and Prevention reports that approximately one-third (33.8 percent) of U.S. adults are obese, though only 24 percent of survey participants say they are obese. Similarly, the survey found that more than three-quarters (76 percent) of consumers rated their health as "very good" or "good,” while just 15 percent considered their health "fair" or "poor." While employees may think they are healthier than they likely are, they do acknowledge that their health is not perfect. Approximately 60 percent of consumers report having at least one health condition with obesity, high blood pressure and back pain most often mentioned.


"This lack of awareness between real and perceived health is a huge problem since we know that concerns about risk factors can help overcome our natural tendency to put-off making the tough life changes needed to significantly reduce health risks," stressed Darling.


Despite the potential disconnect between real and perceived health status, consumers do understand what it takes to get and stay healthy. When ranking what matters most to their health, many (85 percent) say that good health is a result of making smart health choices each day, over two-thirds (68 percent) say that getting regular preventive care ranks in the top three, while 40 percent rank living and working in a healthy environment in the top three. While people know what it takes to be healthy, there are still often barriers to reaching health goals. Most people cite lack of time (42 percent), cost (40 percent) and unwillingness to sacrifice (35 percent) as the leading obstacles to getting and staying healthy.


Consumers do acknowledge that there are people and things in their lives that may help move the needle when it comes to improving their health. Nearly three-quarters (72 percent) are influenced by advice from a doctor, almost half (47 percent) from friends or family, and 41 percent from general health websites. Just 13 percent consider health information from their employer a trusted source.


To improve health and productivity, employers are increasingly offering programs to both workers and their dependents such as biometric screenings, health risk assessments, onsite clinics/pharmacies and Employee Assistance Programs. However, many employees and their dependents do not seem to be aware of many of these programs. In 2011, more than one-third (36 percent) of consumers did not participate in any health program or service offered by their employer. Among the programs that workers did participate in, blood tests or biometric screenings were the most popular (61 percent participation), followed by health risk assessments (57 percent participation).


Despite low participation, when workers do take part in these programs, satisfaction is extremely high. Almost all (97 percent) of consumers who took part in blood work/biometric screening were satisfied, 97 percent were happy with their on-site clinic or pharmacy, and 92 percent were satisfied with the health risk assessment.


In addition to lack of awareness, and despite the availability of health improvement programs, many consumers do not feel their employers are fully supportive in helping them get and stay healthy. A majority of workers (60 percent) think their company is only moderately-to-not supportive when it comes to their efforts to be healthy.(WCxKit)



"Employers may be missing the mark when it comes to health improvement programs being offered to workers," said Tripp. "Workers need to see that their efforts to become healthy are supported by the company. Developing a culture where leaders care and support healthful living communicates to workers that this matters to the company."
 
 
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He is an editor and contributor to Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: Info@ReduceYourWorkersComp.com.
 
 
WORKERS COMP MANAGEMENT GUIDEBOOK:  www.WCManual.com
 
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php
 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contactInfo@ReduceYourWorkersComp.com.
]]> http://blog.reduceyourworkerscomp.com/2012/01/survey-says-consumers-want-employers-to-do-more-with-health-plans/feed/ 0 7 Ways to Build Better Work Habits and Build Cooperation http://blog.reduceyourworkerscomp.com/2011/12/7-ways-to-encourage-better-work-habits-and-build-cooperation/?utm_source=rss&utm_medium=rss&utm_campaign=7-ways-to-encourage-better-work-habits-and-build-cooperation http://blog.reduceyourworkerscomp.com/2011/12/7-ways-to-encourage-better-work-habits-and-build-cooperation/#comments Mon, 05 Dec 2011 23:58:55 +0000 Rebecca Shafer, J.D. http://blog.reduceyourworkerscomp.com/?p=20706 As members of a management team, around the winter season, reevaluate for the upcoming year.  Set goals, benchmarks, implement new techniques, purchase new materials, etc.  But there is one area that seems to be focused on more than others: And that is ‘how can we use what we have to be better?’.

 
Chances are in a medium to large shop, there is plenty of talent, in more than one form.  The workers can be your most important capital. So why not focus on how to better use that talent? (WCxKit)
 
 
1.  Provide the best tools so employees can perform efficiently
As an example, if you drive cars, this does not mean that all all drive a top of the line Cadillac.  But this is meant more to show how to provide the best output for workers.  Make workstations adjustable so workers can perform at the levels they need to.  This will increase output and performance, not to mention that it will make workers less prone to injury, especially in repetitive-motion workstations. Extra lighting can provide clarity and precision. Hand trucks and dollies can make moving heavy materials easier and quicker, and so on and so on.
 
 
2. Don't run it like a prison
The workplace does not have to run hard-nosed and rigid.  As an employer allows some flexibility such as flex work hours, rotating job tasks, allowing hourly breaks, then you can best utilize workers time at work for production.  A rested workforce is your best workforce.  Sometimes having job rotation can provide breaks for those that do heavy duty work day in and day out.  Also  this can reduce injury since those workers that just do heavy lifting or moving of materials can get a much needed break from time to time throughout the day.  You could also discover that one of your workers may be better suited for another type of job task, versus the one they are currently in now.  This could lead to increased production, and better efficiency. 
 
 
3.  Keep an open mind
Time and time again we recommend listening to employees and their suggestions as to how changes can be made to make production better.  Discuss alternative job tasks and how things could be done quicker and easier.  Remember these are the people that do these jobs all day, sometimes for years.  They have ideas and suggestions and you have to make management become approachable.  If someone knows that you will take the time to listen to them, you may get an idea that  you can implement.  Not everyone will hit the ball out of the park every time, but you could stumble upon something that can really make a difference, and it could change the way things are done on a daily basis.
 
 
4.  Encourage healthy lifestyles and reward those that make a change
A healthy body is one that comes ready and able to work, and able to take on the challenges of the day.  Healthier employees also have less sick time away from work, and have fewer injuries.  A lot of companies now offer discounts to local gyms, reduced medical premiums for wellness exams, smoking cessation programs for free, etc.  The HR department probably has a lot of ideas and plans that are already in place to promote a healthier lifestyle, and the incentive programs to go with it, so check in to some of them and try to implement some over the course of a year.  Provide some incentives for the workers to participate, and see what happens.  I bet that more will participate than you thought.
 
 
5.  Launch a return to work program
It has been well documented that the longer a person is out of work, the harder it is to get them back to productive employment and there is a strong correlation between a high return to work ratio and a low mod.  Older employees also take longer to heal than younger ones, so consider home-based employment.  If you provide some light duty work, employees know that even though they have an injury, they can still work and make a decent wage.  This will help them transition back into full time work once they are released from medical care, and will reduce claims dollars that are spent on lost wages while injured.  It will also free up full duty employees to do something more productive, while those with medical restrictions can take care of the lighter tasks you need done day in and day out. Make a "wish list" of tasks you wish you had someone to help perform, then use the wish list to create transitional duty tasks. For instance, I wish I had someone to proofread my writing.
 
 
6.  Set up a mentoring program
It is always hard to start a new job.  Nobody wants to be the new person, so set up a mentoring program to help those new or less-experienced employees. Shadowing programs work well also. The new employee can gain some great knowledge from the veteran worker, including how to do things quicker, properly, and more efficiently. A good mentoring program will improve productivity of the newer, younger employees while making veteran workers feel like they can contribute more to the company other than just cranking out their job tasks day after day.  The more you make workers feel like they are involved, the better, harder, and more dedicated they will work for you.
 
 
7. Do not be afraid to hire experienced workers
There are many benefits to hiring experienced workers. These workers already have sound work habits, years of experience in the field, and the skills the company needs to take you to the next level of competition.  These workers also have less out of work distractions, such as needing more time off for child care or more time off for school commitments.  Experienced workers will also add some diversity in workforce, contributing their ideas and experience to the team projects and ideas.  If you utilize their assets, the workplace will benefit. (WCxKit)
 
 
Summary
A New Year means it is time to reflect on the year to date, and focus on what you can do better for the upcoming New Year.  But you should also think about what the veteran workers can bring to the table for the company.  Experienced workers are a great untapped resource, and their ideas and work ethics can be beneficial in more ways than one, especially in fields other than just being at their workstation.  Tap the greatest free resource- the employees.  Listen to their ideas, and make the management team approachable when someone has an idea about how something may be able to be done better.  If you make this one of several things to focus on, accomplishing the rest of the goals could just be that much easier.

Author Rebecca Shafer, JD, President of Amaxx Risk Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality, and manufacturing. She is the author of the #1 selling book on cost containment, Manage Your Workers Compensation: Reduce Costs 20-50% www.WCManual.com. Contact: RShafer@ReduceYourWorkersComp.com.
 

WORKERS COMP BOOK for BROKERS and AGENTS:  www.WCManual.com
 
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php

 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact 

Info@ReduceYourWorkersComp.com.

]]> As members of a management team, around the winter season, reevaluate for the upcoming year.  Set goals, benchmarks, implement new techniques, purchase new materials, etc.  But there is one area that seems to be focused on more than others: And that is ‘how can we use what we have to be better?’.

 
Chances are in a medium to large shop, there is plenty of talent, in more than one form.  The workers can be your most important capital. So why not focus on how to better use that talent? (WCxKit)
 
 
1.  Provide the best tools so employees can perform efficiently
As an example, if you drive cars, this does not mean that all all drive a top of the line Cadillac.  But this is meant more to show how to provide the best output for workers.  Make workstations adjustable so workers can perform at the levels they need to.  This will increase output and performance, not to mention that it will make workers less prone to injury, especially in repetitive-motion workstations. Extra lighting can provide clarity and precision. Hand trucks and dollies can make moving heavy materials easier and quicker, and so on and so on.
 
 
2. Don't run it like a prison
The workplace does not have to run hard-nosed and rigid.  As an employer allows some flexibility such as flex work hours, rotating job tasks, allowing hourly breaks, then you can best utilize workers time at work for production.  A rested workforce is your best workforce.  Sometimes having job rotation can provide breaks for those that do heavy duty work day in and day out.  Also  this can reduce injury since those workers that just do heavy lifting or moving of materials can get a much needed break from time to time throughout the day.  You could also discover that one of your workers may be better suited for another type of job task, versus the one they are currently in now.  This could lead to increased production, and better efficiency. 
 
 
3.  Keep an open mind
Time and time again we recommend listening to employees and their suggestions as to how changes can be made to make production better.  Discuss alternative job tasks and how things could be done quicker and easier.  Remember these are the people that do these jobs all day, sometimes for years.  They have ideas and suggestions and you have to make management become approachable.  If someone knows that you will take the time to listen to them, you may get an idea that  you can implement.  Not everyone will hit the ball out of the park every time, but you could stumble upon something that can really make a difference, and it could change the way things are done on a daily basis.
 
 
4.  Encourage healthy lifestyles and reward those that make a change
A healthy body is one that comes ready and able to work, and able to take on the challenges of the day.  Healthier employees also have less sick time away from work, and have fewer injuries.  A lot of companies now offer discounts to local gyms, reduced medical premiums for wellness exams, smoking cessation programs for free, etc.  The HR department probably has a lot of ideas and plans that are already in place to promote a healthier lifestyle, and the incentive programs to go with it, so check in to some of them and try to implement some over the course of a year.  Provide some incentives for the workers to participate, and see what happens.  I bet that more will participate than you thought.
 
 
5.  Launch a return to work program
It has been well documented that the longer a person is out of work, the harder it is to get them back to productive employment and there is a strong correlation between a high return to work ratio and a low mod.  Older employees also take longer to heal than younger ones, so consider home-based employment.  If you provide some light duty work, employees know that even though they have an injury, they can still work and make a decent wage.  This will help them transition back into full time work once they are released from medical care, and will reduce claims dollars that are spent on lost wages while injured.  It will also free up full duty employees to do something more productive, while those with medical restrictions can take care of the lighter tasks you need done day in and day out. Make a "wish list" of tasks you wish you had someone to help perform, then use the wish list to create transitional duty tasks. For instance, I wish I had someone to proofread my writing.
 
 
6.  Set up a mentoring program
It is always hard to start a new job.  Nobody wants to be the new person, so set up a mentoring program to help those new or less-experienced employees. Shadowing programs work well also. The new employee can gain some great knowledge from the veteran worker, including how to do things quicker, properly, and more efficiently. A good mentoring program will improve productivity of the newer, younger employees while making veteran workers feel like they can contribute more to the company other than just cranking out their job tasks day after day.  The more you make workers feel like they are involved, the better, harder, and more dedicated they will work for you.
 
 
7. Do not be afraid to hire experienced workers
There are many benefits to hiring experienced workers. These workers already have sound work habits, years of experience in the field, and the skills the company needs to take you to the next level of competition.  These workers also have less out of work distractions, such as needing more time off for child care or more time off for school commitments.  Experienced workers will also add some diversity in workforce, contributing their ideas and experience to the team projects and ideas.  If you utilize their assets, the workplace will benefit. (WCxKit)
 
 
Summary
A New Year means it is time to reflect on the year to date, and focus on what you can do better for the upcoming New Year.  But you should also think about what the veteran workers can bring to the table for the company.  Experienced workers are a great untapped resource, and their ideas and work ethics can be beneficial in more ways than one, especially in fields other than just being at their workstation.  Tap the greatest free resource- the employees.  Listen to their ideas, and make the management team approachable when someone has an idea about how something may be able to be done better.  If you make this one of several things to focus on, accomplishing the rest of the goals could just be that much easier.

Author Rebecca Shafer, JD, President of Amaxx Risk Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality, and manufacturing. She is the author of the #1 selling book on cost containment, Manage Your Workers Compensation: Reduce Costs 20-50% www.WCManual.com. Contact: RShafer@ReduceYourWorkersComp.com.
 

WORKERS COMP BOOK for BROKERS and AGENTS:  www.WCManual.com
 
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php

 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact 

Info@ReduceYourWorkersComp.com.

]]> http://blog.reduceyourworkerscomp.com/2011/12/7-ways-to-encourage-better-work-habits-and-build-cooperation/feed/ 0 Use Medical Disability Guidelines To Estimate Return to Work Timeframes http://blog.reduceyourworkerscomp.com/2011/10/use-medical-disability-guidelines-to-estimate-return-to-work-timeframes/?utm_source=rss&utm_medium=rss&utm_campaign=use-medical-disability-guidelines-to-estimate-return-to-work-timeframes http://blog.reduceyourworkerscomp.com/2011/10/use-medical-disability-guidelines-to-estimate-return-to-work-timeframes/#comments Mon, 24 Oct 2011 23:43:45 +0000 Rebecca Shafer, J.D. http://blog.reduceyourworkerscomp.com/?p=18680
 
Medical disability guidelines can assist an employer in planning for the future return of an injured worker. Medical disability guidelines are an essential planning tool because they provide an employer with a time frame as to how long an employee, on average, will be away from work. Large self-insured employers, TPAs, insurance companies as well as captives and associations that handle claims all use online medical duration guidelines.
 
 
Medical disability guidelines do not offer the medical provider or employer a precise number, but rather a range of time the guideline’s user can anticipate the employee will be off work depending by the difficulty of work. The range of time is based on a compilation of extensive data about numerous injuries. The collection of data is sorted by the nature and the extent of injury. The greater extent of data, the more accurate a disability duration prediction is. The field of occupational medicine continues to grow and expand, providing a constantly revolving and growing accumulation of data.
 
 
It should be noted that medical disability guidelines are designed to provide physicians, employers, and employees with ranges and guidance, not precise answers. Guidelines often have a minimum recovery time, a maximum recovery time, and an optimum/average recovery time. The specific employee's willingness and inclination to return to work can be measured in three ways – restrictions, limitations, and the willingness to tolerate the symptoms brought on by the injury.
 
 
The medical provider will set the restrictions on what the employee should or should not do. While the employee may be capable of doing the activity, to do so could poses a risk to the employee and possibly others. For example: an employee with an injured arm might be capable of driving a dump truck, but there is risk the injury could impair the employee's ability to do so, posing a risk to both himself and others.
 
 
The medical provider will also take into consideration limitations the employee has due to the injury. These limitations are often based on a capacity evaluation of what the employee is physically capable of doing and how long it should be before the employee should be capable. For example: an employee with an injured back will not have the physical capability to lift heavy objects. Limitations are normally in place for what would be considered the average time a person will be off work.
 
 
The restrictions closely conform to the minimum column of the medical disability guidelines while the limitations will often correlate with the optimum recovery time in the guidelines. The maximum amount of time an employee should be off work is reflected by the concept of tolerance.
 
 
The greatest variance in the medical disability guidelines arises from the willingness of the employee to tolerate the symptoms of the injury. The medical provider may look the medical disability guidelines and establish what is the normal recovery time for an injured person who has a particular nature and extent of injury. Individual factors such as fatigue and pain can impact an employees’ disability duration.
 
 
Personal factors can also play a role in the recovery and disability duration. Any comorbidities the employee has (diabetes, obesity, etc.) can distort the disability duration. The employee's motivation to return to work can influence the employee's tolerance level. The motivational factors can include income (satisfied with the tax-free income of workers compensation), job dissatisfaction, self esteem, health insurance provided by the employer, etc. These are not medical reasons for disability but impact the employee's willingness to tolerate injury symptoms, and therefore whether or not the employee disability duration falls within the medical disability guidelines. The maximum time frame is often placed at the 90 percentile where 90 percent of the people with the type of injury involved have returned to work.(WCxKit)
 
 
The medical disability guidelines are evidence based disability durations. They are multidisciplinary in scope with their findings continuously undated to reflect improvement in medical care and medical practice. They are best used to answer the question "how long will the injured employee be off work." 

Author Rebecca Shafer, JD, President of Amaxx Risk Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing, publishing, pharmaceuticals, retail, hospitality, and manufacturing. See www.LowerWC.com for more information. Contact: RShafer@ReduceYourWorkersComp.com
 
 
Our WORKERS COMP BOOK:  www.WCManual.com
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php

 
 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
]]>
 
Medical disability guidelines can assist an employer in planning for the future return of an injured worker. Medical disability guidelines are an essential planning tool because they provide an employer with a time frame as to how long an employee, on average, will be away from work. Large self-insured employers, TPAs, insurance companies as well as captives and associations that handle claims all use online medical duration guidelines.
 
 
Medical disability guidelines do not offer the medical provider or employer a precise number, but rather a range of time the guideline’s user can anticipate the employee will be off work depending by the difficulty of work. The range of time is based on a compilation of extensive data about numerous injuries. The collection of data is sorted by the nature and the extent of injury. The greater extent of data, the more accurate a disability duration prediction is. The field of occupational medicine continues to grow and expand, providing a constantly revolving and growing accumulation of data.
 
 
It should be noted that medical disability guidelines are designed to provide physicians, employers, and employees with ranges and guidance, not precise answers. Guidelines often have a minimum recovery time, a maximum recovery time, and an optimum/average recovery time. The specific employee's willingness and inclination to return to work can be measured in three ways – restrictions, limitations, and the willingness to tolerate the symptoms brought on by the injury.
 
 
The medical provider will set the restrictions on what the employee should or should not do. While the employee may be capable of doing the activity, to do so could poses a risk to the employee and possibly others. For example: an employee with an injured arm might be capable of driving a dump truck, but there is risk the injury could impair the employee's ability to do so, posing a risk to both himself and others.
 
 
The medical provider will also take into consideration limitations the employee has due to the injury. These limitations are often based on a capacity evaluation of what the employee is physically capable of doing and how long it should be before the employee should be capable. For example: an employee with an injured back will not have the physical capability to lift heavy objects. Limitations are normally in place for what would be considered the average time a person will be off work.
 
 
The restrictions closely conform to the minimum column of the medical disability guidelines while the limitations will often correlate with the optimum recovery time in the guidelines. The maximum amount of time an employee should be off work is reflected by the concept of tolerance.
 
 
The greatest variance in the medical disability guidelines arises from the willingness of the employee to tolerate the symptoms of the injury. The medical provider may look the medical disability guidelines and establish what is the normal recovery time for an injured person who has a particular nature and extent of injury. Individual factors such as fatigue and pain can impact an employees’ disability duration.
 
 
Personal factors can also play a role in the recovery and disability duration. Any comorbidities the employee has (diabetes, obesity, etc.) can distort the disability duration. The employee's motivation to return to work can influence the employee's tolerance level. The motivational factors can include income (satisfied with the tax-free income of workers compensation), job dissatisfaction, self esteem, health insurance provided by the employer, etc. These are not medical reasons for disability but impact the employee's willingness to tolerate injury symptoms, and therefore whether or not the employee disability duration falls within the medical disability guidelines. The maximum time frame is often placed at the 90 percentile where 90 percent of the people with the type of injury involved have returned to work.(WCxKit)
 
 
The medical disability guidelines are evidence based disability durations. They are multidisciplinary in scope with their findings continuously undated to reflect improvement in medical care and medical practice. They are best used to answer the question "how long will the injured employee be off work." 

Author Rebecca Shafer, JD, President of Amaxx Risk Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing, publishing, pharmaceuticals, retail, hospitality, and manufacturing. See www.LowerWC.com for more information. Contact: RShafer@ReduceYourWorkersComp.com
 
 
Our WORKERS COMP BOOK:  www.WCManual.com
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php

 
 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
]]> http://blog.reduceyourworkerscomp.com/2011/10/use-medical-disability-guidelines-to-estimate-return-to-work-timeframes/feed/ 0 Occupational Low Back Pain Causes, Workplace Solutions and Treatment Options http://blog.reduceyourworkerscomp.com/2011/10/occupational-low-back-pain-causes-workplace-solutions-and-treatment-options/?utm_source=rss&utm_medium=rss&utm_campaign=occupational-low-back-pain-causes-workplace-solutions-and-treatment-options http://blog.reduceyourworkerscomp.com/2011/10/occupational-low-back-pain-causes-workplace-solutions-and-treatment-options/#comments Sun, 16 Oct 2011 22:43:01 +0000 David Radford MS-ACP http://blog.reduceyourworkerscomp.com/?p=19705 Authors: Brian Anderson DC, CCN, MPH and David C. Radford, DC, MSc
 
 
Employers are unlikely to find another issue that leads to more absenteeism and detracts from productivity in the workplace more than occupational low back pain (LBP). This, the first in a series of articles, introduces the ubiquity of this problem in the workplace, what solutions are effective in addressing it, and what treatment options can be most successfully employed when workers do injure their low backs.
 
 
In order to understand the scope of this problem, it is worthwhile to discuss some statistics related to occupational LBP.
 

·        Occupational LBP is the largest single health problem related to work absenteeism, and the  most common cause of incapacity among workers younger than forty-five years old.

·        Worldwide, 37% of LBP was attributed to occupation.

·        1% of the US population is permanently disabled from this problem.

·        Occupational LBP accounts for 68% of sick days and 76% of sick leave payment costs in some industries.

 
As is obvious from the above statistics, LBP consistently creates huge expenditures and time loss from work. Employees whose job involves lifting, bending, twisting or repetitive spinal movements are most at risk for these injuries. This type of LBP is classified as kinetic or dynamic overload injury. Due to the nature of LBP, these workers are also more likely to need extended time off work when suffering a low back injury. Transitionally, they may also need modified duty for a period of time on their return to work.
 

Ergonomic interventions, which will be addressed in part two of this series, are crucial for the prevention of occupational LBP. Acute LBP is almost never related to one specific event, but rather is the culmination of a long history of improper mechanics and micro-trauma to the spine. As apposed to kinetic injury, static or postural LBP is also a huge problem for “desk jockeys,” or those who sit for prolonged periods of time. Lack of movement can sometimes be as detrimental as too much movement.
 
To summarize, the risk factors for occupational LBP are:
 

·        cumulative traumas;

·        dynamic activity-trunk flexion and rotation, heavy physical work, bending or squatting, lifting or carrying loads;

·        long work shifts without pauses;

·        static and inadequate postures.

 
 
Workers suffering low back injuries can be divided into three groups: work being the primary cause of LBP; work being one of many contributing factors related to LBP; and those with a preexisting back injury which may be aggravated by work. Those workers who fall into the latter category should be very carefully monitored. There will always be cases of occupational LBP that cannot be predicted or even prevented, but a worker with a previous history of LBP does not fall into this category. Matching the worker to the job is a crucial prevention strategy, which will be discussed in part two of this series.
 
 
What should be most concerning to employers, and is likely the most important reason for intervention, is preventing acute low back pain from becoming a chronic problem. There is plenty of data to suggest that most acute low back pain is self-limiting. With or without treatment, many cases of acute low back pain resolve in a few weeks. There are, however, two issues that should be of concern regarding occupational LBP; recurrence and chronicity. The recurrence rate of low back pain is 30-60% within 1-2 years.
 
 
There are also some documented risk factors for developing chronic LBP after an acute injury which employers and health care providers should be aware of. These are:
 

·        dissatisfaction with work

·        physical inactivity/obesity

·        low vitamin D levels

·        smoking

·        performing heavy lifting

·        depression

·        being involved in litigation

·        educational level

 
 
In part three of this series, we will discuss treatment options designed to prevent chronic low back pain.
 
 
If employers are not actively working with their company nurses and doctors developing strategies and programs to address and prevent occupational LBP, hopefully they will after reading this series of articles. Next time we will address programs and interventions targeting primary and secondary prevention of occupational LBP. Stay tuned!
 
 
Resources:
 

1.     Estimating the global burden of low back pain attributable to combined occupational exposures – http://www.who.int/quantifying_ehimpacts/global/5lowbackpain.pdf

2.     Occupational low back pain: Rev Assoc Med Bras 2010; 56(5): 583-9

3.     Preventing Occupational Low-Back Pain. West J Med 1988 Feb; 148:235

4.     Can We Identify People at Risk of Non-recovery after Acute Occupational Low Back Pain? Results of a Review and Higher-Order Analysis. Physiother Can. 2010;62:9 –16

5.     Designing a workplace return to work program for occupational low back pain: an intervention mapping approach. BMC Musculoskeletal Disorders 2009 10:65

6.     Liebenson, C. Rehabilitation of the Spine- A Practitioners manual, 2nd edition. Lippincott Williams & Wilkins

 
 
Dr. Anderson works as a supervising clinician and instructor at National University of Health Sciences in Lombard IL. He has been in private practice, as well as part of a team in a University based Integrative Medicine setting. In addition, Dr. Anderson has experience in the medico-legal field, serving as an expert for various insurance companies and legal firms. He earned a Masters Degree in Public Health, as well as a Certified Clinical Nutritionist designation. He is currently working toward a specialty diplomate in Functional Rehabilitation. Contact Dr. Anderson for more information at banderson@nuhs.edu
 
 
Dr. Radford is in private practice. He is a third generation Doctor of Chiropractic Medicine. He earned a Master’s Degree in Advanced Clinical Practice and he provides conservative primary care. He has treated work related injuries for more than 30 years. Dr. Radford has found that treating the co-morbidities that often accompany injured workers like obesity, medication overuse, and addiction lead to a more complete recovery. He was a founding member of the Cleveland Orthopaedic and Spine Hospital, Cleveland, Ohio. Contact for more information at DCR8888@aol.com or (440)-248-8888.
 
 
Our WORKERS COMP BOOK:  www.WCManual.com
 
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php
 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
]]> Authors: Brian Anderson DC, CCN, MPH and David C. Radford, DC, MSc
 
 
Employers are unlikely to find another issue that leads to more absenteeism and detracts from productivity in the workplace more than occupational low back pain (LBP). This, the first in a series of articles, introduces the ubiquity of this problem in the workplace, what solutions are effective in addressing it, and what treatment options can be most successfully employed when workers do injure their low backs.
 
 
In order to understand the scope of this problem, it is worthwhile to discuss some statistics related to occupational LBP.
 

·        Occupational LBP is the largest single health problem related to work absenteeism, and the  most common cause of incapacity among workers younger than forty-five years old.

·        Worldwide, 37% of LBP was attributed to occupation.

·        1% of the US population is permanently disabled from this problem.

·        Occupational LBP accounts for 68% of sick days and 76% of sick leave payment costs in some industries.

 
As is obvious from the above statistics, LBP consistently creates huge expenditures and time loss from work. Employees whose job involves lifting, bending, twisting or repetitive spinal movements are most at risk for these injuries. This type of LBP is classified as kinetic or dynamic overload injury. Due to the nature of LBP, these workers are also more likely to need extended time off work when suffering a low back injury. Transitionally, they may also need modified duty for a period of time on their return to work.
 

Ergonomic interventions, which will be addressed in part two of this series, are crucial for the prevention of occupational LBP. Acute LBP is almost never related to one specific event, but rather is the culmination of a long history of improper mechanics and micro-trauma to the spine. As apposed to kinetic injury, static or postural LBP is also a huge problem for “desk jockeys,” or those who sit for prolonged periods of time. Lack of movement can sometimes be as detrimental as too much movement.
 
To summarize, the risk factors for occupational LBP are:
 

·        cumulative traumas;

·        dynamic activity-trunk flexion and rotation, heavy physical work, bending or squatting, lifting or carrying loads;

·        long work shifts without pauses;

·        static and inadequate postures.

 
 
Workers suffering low back injuries can be divided into three groups: work being the primary cause of LBP; work being one of many contributing factors related to LBP; and those with a preexisting back injury which may be aggravated by work. Those workers who fall into the latter category should be very carefully monitored. There will always be cases of occupational LBP that cannot be predicted or even prevented, but a worker with a previous history of LBP does not fall into this category. Matching the worker to the job is a crucial prevention strategy, which will be discussed in part two of this series.
 
 
What should be most concerning to employers, and is likely the most important reason for intervention, is preventing acute low back pain from becoming a chronic problem. There is plenty of data to suggest that most acute low back pain is self-limiting. With or without treatment, many cases of acute low back pain resolve in a few weeks. There are, however, two issues that should be of concern regarding occupational LBP; recurrence and chronicity. The recurrence rate of low back pain is 30-60% within 1-2 years.
 
 
There are also some documented risk factors for developing chronic LBP after an acute injury which employers and health care providers should be aware of. These are:
 

·        dissatisfaction with work

·        physical inactivity/obesity

·        low vitamin D levels

·        smoking

·        performing heavy lifting

·        depression

·        being involved in litigation

·        educational level

 
 
In part three of this series, we will discuss treatment options designed to prevent chronic low back pain.
 
 
If employers are not actively working with their company nurses and doctors developing strategies and programs to address and prevent occupational LBP, hopefully they will after reading this series of articles. Next time we will address programs and interventions targeting primary and secondary prevention of occupational LBP. Stay tuned!
 
 
Resources:
 

1.     Estimating the global burden of low back pain attributable to combined occupational exposures – http://www.who.int/quantifying_ehimpacts/global/5lowbackpain.pdf

2.     Occupational low back pain: Rev Assoc Med Bras 2010; 56(5): 583-9

3.     Preventing Occupational Low-Back Pain. West J Med 1988 Feb; 148:235

4.     Can We Identify People at Risk of Non-recovery after Acute Occupational Low Back Pain? Results of a Review and Higher-Order Analysis. Physiother Can. 2010;62:9 –16

5.     Designing a workplace return to work program for occupational low back pain: an intervention mapping approach. BMC Musculoskeletal Disorders 2009 10:65

6.     Liebenson, C. Rehabilitation of the Spine- A Practitioners manual, 2nd edition. Lippincott Williams & Wilkins

 
 
Dr. Anderson works as a supervising clinician and instructor at National University of Health Sciences in Lombard IL. He has been in private practice, as well as part of a team in a University based Integrative Medicine setting. In addition, Dr. Anderson has experience in the medico-legal field, serving as an expert for various insurance companies and legal firms. He earned a Masters Degree in Public Health, as well as a Certified Clinical Nutritionist designation. He is currently working toward a specialty diplomate in Functional Rehabilitation. Contact Dr. Anderson for more information at banderson@nuhs.edu
 
 
Dr. Radford is in private practice. He is a third generation Doctor of Chiropractic Medicine. He earned a Master’s Degree in Advanced Clinical Practice and he provides conservative primary care. He has treated work related injuries for more than 30 years. Dr. Radford has found that treating the co-morbidities that often accompany injured workers like obesity, medication overuse, and addiction lead to a more complete recovery. He was a founding member of the Cleveland Orthopaedic and Spine Hospital, Cleveland, Ohio. Contact for more information at DCR8888@aol.com or (440)-248-8888.
 
 
Our WORKERS COMP BOOK:  www.WCManual.com
 
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php
 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact
]]> http://blog.reduceyourworkerscomp.com/2011/10/occupational-low-back-pain-causes-workplace-solutions-and-treatment-options/feed/ 0 Managing Military Leaves of Absence Integrating with FMLA http://blog.reduceyourworkerscomp.com/2011/10/managing-military-leaves-of-absence-integrating-with-fmla/?utm_source=rss&utm_medium=rss&utm_campaign=managing-military-leaves-of-absence-integrating-with-fmla http://blog.reduceyourworkerscomp.com/2011/10/managing-military-leaves-of-absence-integrating-with-fmla/#comments Sun, 16 Oct 2011 22:25:05 +0000 Martha Cardi J.D. http://blog.reduceyourworkerscomp.com/?p=18928 By Martha J. Cardi

Think workers comp is hard to manage? Try FMLA, state and other leaves of absence.
 
These overlapping and ever-changing leave laws are so complicated many employers either grant too much leave in fear of being out of compliance, or refuse leave that legitimately should be granted, exposing the employer to risk of lawsuits. (WCxKit)
 
How employers (and/or their TPAs) manage FMLA can have a big impact on costs, productivity, employee morale and, perhaps most important, reduce the risk of legal action for claims of noncompliance. Quite simply, it pays to devote the resources to make sure it is done right.
 
To give you an idea of how complicated managing these leaves can be, consider this hypothetical scenario and how it should be correctly handled. While reading, keep in mind that, while this scenario looks overblown, in real life it actually can get much more complicated than this.
 
 
Caring for an Injured Military Service Member
 
This scenario illustrates how caring for someone injured in the line of duty differs and interacts with caring for an injured civilian.
 
Henry is an employee of a company covered by FMLA. When his son, Josh, a serviceman in the US Navy, is injured on an aircraft carrier during an engagement and is sent home, can Henry take time off to care for Josh?
 
An employee may take up to 26 weeks of job-protected leave in one 12-month period in order to care for a son, daughter, spouse, or parent who has been injured in the line of duty on active duty, or if the employee is designated by the injured service member as his or her “next of kin” per the regulations.
 
The 12-month period is measured forward from the first date of leave for this reason, regardless of the method used by the employer to calculate an employee’s leave entitlement for other FMLA reasons (e.g., rolling back, calendar year, or other fixed year).
 
The 26 weeks includes the employee’s 12 weeks of leave for other FMLA-qualifying reasons, but the military caregiver leave must be applied first, so that if the employee does not use the full 26 weeks for caregiver leave, he or she still has the remainder of the 26 weeks, up to 12 weeks maximum, to use for other FMLA reasons.
Assume Henry’s employer uses the 12-month rolling backward method of calculating employee FMLA leave entitlements.

 
1.    Henry has taken no previous FMLA leave since he became eligible, and may take up to 26 weeks to care for Josh.
 
2.    Josh recovers and Henry is no longer needed to care for him after 8 weeks. Henry returns to work and under the regulations forfeits the remaining 18 weeks of military caregiver leave as a result.
 
3.    A month after returning to work Henry requests FMLA time off to care for his wife, who has a serious health condition. His employer is required to apply the military caregiver leave first, up to the 26 weeks. Because Henry used less than 14 weeks of the caregiver leave entitlement, he still has up to 12 weeks of FMLA entitlement for other reasons. 
 
4.    Suppose, however, that five months before Josh’s military injury, Henry had taken leave because he adopted a child and took 12 weeks of FMLA  leave to bond with the adopted child. When Josh is injured, Michael is still entitled to 26 weeks of leave to care for him, because the 12-month period for this leave reason is always measured forward from the first date of the leave. If his care is needed that long, he can take up to the full 26 weeks despite having taken 12 weeks within the past year, measured rolling backward.
 
5.    Fortunately, Josh recovers within eight weeks, no longer needs Henry’s care, and Henry returns to work. Henry then forfeits the remainder of the 26 weeks of military caregiver leave.
 
6.    A month after returning to work Henry requests FMLA time off to care for his wife, who has a serious health condition. Although Henry has only taken a total of 20 weeks, he no longer has any FMLA time available to use for his wife’s care. Looking back 12 months in accordance with his employer’s rolling back method, Henry has already taken 12 weeks of leave for reasons not related to the military caregiver leave (the adoption and bonding time). Thus, he has no regular FMLA time left to care for his wife.
 
 
What Should Employers Be Doing to Better Manage Leaves?

The takeaway from this example is that leave laws form a complex web that continually has to be untangled for each case. In addition, these laws are constantly being amended and updated as challenges are decided on in court. (WCxKit)
 
Every employer should:
 
1.    Make sure supervisors are aware that leave laws are complex and that they should not try to handle leave requests without help from their HR, benefits, or legal department.
 
2.    Make sure supervisors are aware their attitude is important, and that if they respond negatively to requests for leave, it could be construed as FMLA interference and expose the employer to potential legal action.
 
3.    Understand that employers do not have to grant every leave request just to avoid the risk of noncompliance. With proper understanding of leave laws, there are many ways that employers can reduce the burden of unnecessary leaves while still giving employees the leaves to which they are entitled.
 
Up-to-Date Leave Law Information is the Key
 
No human being can be expected to hold this kind of complexity in his or her head, and researching leaves on various government databases is both time consuming and increases the risk of missing any important change or guidance on a gray area. Be sure you have the most current information on FMLA, state and other leave laws available in a format that is easy to search, complete and always up-to-date. If you encounter any “gray areas” in leave laws, be sure to seek expert advice to minimize the risk of legal challenges.

Martha J. Cardi is Chief Compliance Officer for Reed Group and Chief Editor of Reed Group’s Leave of Absence Advisor, a web-based resource for administering FMLA, state and other leave laws. More info at www.reedgroup.com. Contact at services@reedgroup.com.
 
Our WORKERS COMP BOOK:  www.WCManual.com
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php

 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
]]> By Martha J. Cardi

Think workers comp is hard to manage? Try FMLA, state and other leaves of absence.
 
These overlapping and ever-changing leave laws are so complicated many employers either grant too much leave in fear of being out of compliance, or refuse leave that legitimately should be granted, exposing the employer to risk of lawsuits. (WCxKit)
 
How employers (and/or their TPAs) manage FMLA can have a big impact on costs, productivity, employee morale and, perhaps most important, reduce the risk of legal action for claims of noncompliance. Quite simply, it pays to devote the resources to make sure it is done right.
 
To give you an idea of how complicated managing these leaves can be, consider this hypothetical scenario and how it should be correctly handled. While reading, keep in mind that, while this scenario looks overblown, in real life it actually can get much more complicated than this.
 
 
Caring for an Injured Military Service Member
 
This scenario illustrates how caring for someone injured in the line of duty differs and interacts with caring for an injured civilian.
 
Henry is an employee of a company covered by FMLA. When his son, Josh, a serviceman in the US Navy, is injured on an aircraft carrier during an engagement and is sent home, can Henry take time off to care for Josh?
 
An employee may take up to 26 weeks of job-protected leave in one 12-month period in order to care for a son, daughter, spouse, or parent who has been injured in the line of duty on active duty, or if the employee is designated by the injured service member as his or her “next of kin” per the regulations.
 
The 12-month period is measured forward from the first date of leave for this reason, regardless of the method used by the employer to calculate an employee’s leave entitlement for other FMLA reasons (e.g., rolling back, calendar year, or other fixed year).
 
The 26 weeks includes the employee’s 12 weeks of leave for other FMLA-qualifying reasons, but the military caregiver leave must be applied first, so that if the employee does not use the full 26 weeks for caregiver leave, he or she still has the remainder of the 26 weeks, up to 12 weeks maximum, to use for other FMLA reasons.
Assume Henry’s employer uses the 12-month rolling backward method of calculating employee FMLA leave entitlements.

 
1.    Henry has taken no previous FMLA leave since he became eligible, and may take up to 26 weeks to care for Josh.
 
2.    Josh recovers and Henry is no longer needed to care for him after 8 weeks. Henry returns to work and under the regulations forfeits the remaining 18 weeks of military caregiver leave as a result.
 
3.    A month after returning to work Henry requests FMLA time off to care for his wife, who has a serious health condition. His employer is required to apply the military caregiver leave first, up to the 26 weeks. Because Henry used less than 14 weeks of the caregiver leave entitlement, he still has up to 12 weeks of FMLA entitlement for other reasons. 
 
4.    Suppose, however, that five months before Josh’s military injury, Henry had taken leave because he adopted a child and took 12 weeks of FMLA  leave to bond with the adopted child. When Josh is injured, Michael is still entitled to 26 weeks of leave to care for him, because the 12-month period for this leave reason is always measured forward from the first date of the leave. If his care is needed that long, he can take up to the full 26 weeks despite having taken 12 weeks within the past year, measured rolling backward.
 
5.    Fortunately, Josh recovers within eight weeks, no longer needs Henry’s care, and Henry returns to work. Henry then forfeits the remainder of the 26 weeks of military caregiver leave.
 
6.    A month after returning to work Henry requests FMLA time off to care for his wife, who has a serious health condition. Although Henry has only taken a total of 20 weeks, he no longer has any FMLA time available to use for his wife’s care. Looking back 12 months in accordance with his employer’s rolling back method, Henry has already taken 12 weeks of leave for reasons not related to the military caregiver leave (the adoption and bonding time). Thus, he has no regular FMLA time left to care for his wife.
 
 
What Should Employers Be Doing to Better Manage Leaves?

The takeaway from this example is that leave laws form a complex web that continually has to be untangled for each case. In addition, these laws are constantly being amended and updated as challenges are decided on in court. (WCxKit)
 
Every employer should:
 
1.    Make sure supervisors are aware that leave laws are complex and that they should not try to handle leave requests without help from their HR, benefits, or legal department.
 
2.    Make sure supervisors are aware their attitude is important, and that if they respond negatively to requests for leave, it could be construed as FMLA interference and expose the employer to potential legal action.
 
3.    Understand that employers do not have to grant every leave request just to avoid the risk of noncompliance. With proper understanding of leave laws, there are many ways that employers can reduce the burden of unnecessary leaves while still giving employees the leaves to which they are entitled.
 
Up-to-Date Leave Law Information is the Key
 
No human being can be expected to hold this kind of complexity in his or her head, and researching leaves on various government databases is both time consuming and increases the risk of missing any important change or guidance on a gray area. Be sure you have the most current information on FMLA, state and other leave laws available in a format that is easy to search, complete and always up-to-date. If you encounter any “gray areas” in leave laws, be sure to seek expert advice to minimize the risk of legal challenges.

Martha J. Cardi is Chief Compliance Officer for Reed Group and Chief Editor of Reed Group’s Leave of Absence Advisor, a web-based resource for administering FMLA, state and other leave laws. More info at www.reedgroup.com. Contact at services@reedgroup.com.
 
Our WORKERS COMP BOOK:  www.WCManual.com
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php

 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
]]> http://blog.reduceyourworkerscomp.com/2011/10/managing-military-leaves-of-absence-integrating-with-fmla/feed/ 0 3 Ways to Untangle a Complex Web of FMLA and State Leave Laws http://blog.reduceyourworkerscomp.com/2011/10/3-ways-to-untangle-a-complex-web-of-fmla-and-state-leave-laws/?utm_source=rss&utm_medium=rss&utm_campaign=3-ways-to-untangle-a-complex-web-of-fmla-and-state-leave-laws http://blog.reduceyourworkerscomp.com/2011/10/3-ways-to-untangle-a-complex-web-of-fmla-and-state-leave-laws/#comments Tue, 11 Oct 2011 17:24:37 +0000 Martha Cardi J.D. http://blog.reduceyourworkerscomp.com/?p=18849 By Martha J. Cardi J.D.

 
Think workers comp is hard to manage? Try FMLA, state and other leaves of absence.
 
 
These overlapping and ever-changing leave laws are so complicated many employers either grant too much leave in fear of being out of compliance, or refuse leave that legitimately should be granted, exposing the employer to risk of lawsuits.
 
 
How employers (and/or their TPAs) manage FMLA can have a big impact on costs, productivity, employee morale and, perhaps most important, reduce the risk of legal action for claims of noncompliance. Quite simply, it pays to devote the resources to make sure it is done right.
 
 
To give you an idea of how complicated managing these leaves can be, consider three hypothetical scenarios and how they should be correctly handled. While reading, keep in mind that, while these scenarios look overblown, in real life they actually can get much more complicated than this.
 

1. Pregnant Employee With Multiple Births
 
This scenario illustrates the interaction of FMLA and state leaves for an employee with a complicated pregnancy.
 
 
Judy in Massachusetts is employed by a company that is covered by both the FMLA and the Massachusetts Maternity Leave Act (MMLA). She becomes pregnant with multiple fetuses with a due date of October 15 and is put on bed rest by her OB effective April 15. On August 30 she delivers eight babies, all of which survive.
 
 
How much job-protected leave does Judy get, and under which statutes?
 
April 15 – July 8

1.    The MMLA covers only the birth or adoption of a child or children, not pre-birth pregnancy-related disabilities. Therefore, the MMLA does not cover any of her pre-birth time off.
 
2.    The FMLA does cover pregnancy-related disabilities, so this provides job protection for Judy for up to 12 weeks during her period of bed rest.
 
3.    After 12 weeks, Judy exhausts her FMLA on July 8 (assuming she has not taken any other FMLA time in the prior 12 months).
 
July 9 – August 14

1.    Judy is out of FMLA and the MMLA has not yet come into effect. She is likely still protected, however, under the Americans with Disabilities Act (as amended by the ADA Amendments Act effective January 2009) and under the Massachusetts equivalent nondiscrimination law. 
 
2.    Judy also may be protected by both federal and Massachusetts sex or pregnancy discrimination laws if her employer allows leaves of absence to employees for non-pregnancy-related temporary disabilities.
 
3.     Her employer would be wise to provide an extended leave of absence due to her pregnancy and/or pregnancy disability to cover the period from FMLA exhaustion until the MMLA provides the employee with parental/bonding leave.
 
August 15 -

Once Judy has given birth, the MMLA allows eight weeks of job-protected leave per birth or adoption. So, for having eight babies, she is entitled to 64 weeks of leave, eight for each baby.
 
 
2. California Family Rights Act and FMLA
This scenario about how FMLA and state laws interact in a domestic partnership with multiple illnesses shows how the timing of multiple leaves can have a huge impact.
 
 
Marie and her registered domestic partner Susan live together with Susan’s 10-year-old child, Thomas. Thomas is diagnosed with a serious health condition and needs physical care at home. Both Marie and Susan work for California employers that are covered by both the California Family Rights Act (CFRA) and the FMLA.
 
 
Can Marie and Susan take time off to care for Thomas?
 
1.  Both FMLA AND CFRA provide 12 weeks of job-protected leave within one leave year to care for certain family members as defined by the statutes. As Thomas’s mother, Susan is entitled to take up to 12 weeks of job-protected leave under both FMLA and CFRA to care for him. Her leave under each act runs concurrently. After 12 weeks she has exhausted her FMLA and CFRA entitlements for her employer’s defined leave year.  

 

2.  After Susan has exhausted her leave rights, Marie takes time off to care for Thomas. Marie also is entitled to 12 weeks off under each leave act. CFRA provides time off to care for a child with a serious health condition under two conditions. (1) If the child is the child of the employee’s domestic partner and/or (2) a child with whom the employee stands “in loco parentis” (in the place of a parent or like a parent, providing care and/ or support).

 

3.  The FMLA does not provide leave to care for the child of a domestic partner, but does provide time off to care for a child with a serious health condition if the employee is in loco parentis to the child. Because Marie, Susan, and Thomas all live together and Marie helps provide financial support and parenting care for Thomas, she qualifies for this leave and in caring for Thomas, exhausts both her FMLA and CFRA rights for the leave year.

Note that the result would be the same if Marie and Susan work for the same employer. Neither FMLA nor CFRA require parents employed by the same employer to share time off to care for a child with a serious health condition.

 

To understand the complexity of these laws, suppose that before Thomas’s illness, Susan had experienced her own serious health condition. Marie stayed home from work for 12 weeks to provide Susan with physical care during her injury and recovery. This leave is covered by CFRA, which provides leave rights to care for a registered domestic partner with a serious health condition. Susan has exhausted her CFRA time for the leave year, but, her time off does not count toward her FMLA leave rights, as the FMLA does not provide job-protected leave to care for a domestic partner with a serious health condition.

 

Then when Thomas becomes ill with a serious health condition and needs physical care at home. Marie can take another 12 weeks of leave during the leave year to care for Thomas because she stands in loco parentis to him, and her FMLA rights were not exhausted during her time off to care for Susan.

Note that if Susan’s and Thomas’s serious health conditions occurred in reverse order, Susan’s CFRA and FMLA rights both would have been exhausted in caring for Thomas first, and she would not have had any job-protected time left under CFRA to care for Susan. 

 

 
3. Caring for an Injured Military Service Member
 
This scenario illustrates how caring for someone injured in the line of duty differs and interacts with caring for an injured civilian.
 
 
Henry is an employee of a company covered by FMLA. When his son, Josh, a serviceman in the US Navy, is injured on an aircraft carrier during an engagement and is sent home, can Henry take time off to care for Josh?
 
 
An employee may take up to 26 weeks of job-protected leave in one 12-month period in order to care for a son, daughter, spouse, or parent who has been injured in the line of duty on active duty, or if the employee is designated by the injured service member as his or her “next of kin” per the regulations.
 
The 12-month period is measured forward from the first date of leave for this reason, regardless of the method used by the employer to calculate an employee’s leave entitlement for other FMLA reasons (e.g., rolling back, calendar year, or other fixed year).
 
 
The 26 weeks includes the employee’s 12 weeks of leave for other FMLA-qualifying reasons, but the military caregiver leave must be applied first, so that if the employee does not use the full 26 weeks for caregiver leave, he or she still has the remainder of the 26 weeks, up to 12 weeks maximum, to use for other FMLA reasons.
Assume Henry’s employer uses the 12-month rolling backward method of calculating employee FMLA leave entitlements.
 
 
1.     Henry has taken no previous FMLA leave since he became eligible, and may take up to 26 weeks to care for Josh.

 

2.     Josh recovers and Henry is no longer needed to care for him after 8 weeks. Henry returns to work and under the regulations forfeits the remaining 18 weeks of military caregiver leave as a result.
 
3.      A month after returning to work Henry requests FMLA time off to care for his wife, who has a serious health condition. His employer is required to apply the military caregiver leave first, up to the 26 weeks. Because Henry used less than 14 weeks of the caregiver leave entitlement, he still has up to 12 weeks of FMLA entitlement for other reasons. 

 

4.     Suppose, however, that five months before Josh’s military injury, Henry had taken leave because he adopted a child and took 12 weeks of FMLA leave to bond with the adopted child. When Josh is injured, Michael is still entitled to 26 weeks of leave to care for him, because the 12-month period for this leave reason is always measured forward from the first date of the leave. If his care is needed that long, he can take up to the full 26 weeks despite having taken 12 weeks within the past year, measured rolling backward.
 
5.      Fortunately, Josh recovers within eight weeks, no longer needs Henry’s care, and Henry returns to work. Henry then forfeits the remainder of the 26 weeks of military caregiver leave.
 
6.      A month after returning to work Henry requests FMLA time off to care for his wife, who has a serious health condition. Although Henry has only taken a total of 20 weeks, he no longer has any FMLA time available to use for his wife’s care. Looking back 12 months in accordance with his employer’s rolling back method, Henry has already taken 12 weeks of leave for reasons not related to the military caregiver leave (the adoption and bonding time). Thus, he has no regular FMLA time left to care for his wife.
 

What Should You Be Doing to Better Manage Leaves?

The takeaway from these examples is that leave laws form a complex web that continually has to be untangled for each case. In addition, these laws are constantly being amended and updated as challenges are decided on in court. (WCxKit)

 
 
Every employer should:
 
1.    Make sure supervisors are aware that leave laws are complex and that they should not try to handle leave requests without help from their HR, benefits, or legal department.
 
2.    Make sure supervisors are aware their attitude is important, and that if they respond negatively to requests for leave, it could be construed as FMLA interference and expose the employer to potential legal action.

 

3.    Understand that employers do not have to grant every leave request just to avoid the risk of noncompliance. With proper understanding of leave laws, there are many ways that employers can reduce the burden of unnecessary leaves while still giving employees the leaves to which they are entitled.
 

Up-to-Date Leave Law Information is the Key.
 
No human being can be expected to hold this kind of complexity in his or her head, and researching leaves on various government databases is both time consuming and increases the risk of missing any important change or guidance on a gray area. Be sure you have the most current information on FMLA, state and other leave laws available in a format that is easy to search, complete and always up-to-date. If you encounter any “gray areas” in leave laws, be sure to seek expert advice to minimize the risk of legal challenges.
 

Martha J. Cardi J.D. is Chief Compliance Officer for Reed Group and Chief Editor of Reed Group’s Leave of Absence Advisor, a web-based resource for administering FMLA, state and other leave laws. More info at www.reedgroup.com. Contact at services@reedgroup.com.

WORKERS COMP BOOK:  www.WCManual.com
 
 

WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php
 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.

]]> By Martha J. Cardi J.D.

 
Think workers comp is hard to manage? Try FMLA, state and other leaves of absence.
 
 
These overlapping and ever-changing leave laws are so complicated many employers either grant too much leave in fear of being out of compliance, or refuse leave that legitimately should be granted, exposing the employer to risk of lawsuits.
 
 
How employers (and/or their TPAs) manage FMLA can have a big impact on costs, productivity, employee morale and, perhaps most important, reduce the risk of legal action for claims of noncompliance. Quite simply, it pays to devote the resources to make sure it is done right.
 
 
To give you an idea of how complicated managing these leaves can be, consider three hypothetical scenarios and how they should be correctly handled. While reading, keep in mind that, while these scenarios look overblown, in real life they actually can get much more complicated than this.
 

1. Pregnant Employee With Multiple Births
 
This scenario illustrates the interaction of FMLA and state leaves for an employee with a complicated pregnancy.
 
 
Judy in Massachusetts is employed by a company that is covered by both the FMLA and the Massachusetts Maternity Leave Act (MMLA). She becomes pregnant with multiple fetuses with a due date of October 15 and is put on bed rest by her OB effective April 15. On August 30 she delivers eight babies, all of which survive.
 
 
How much job-protected leave does Judy get, and under which statutes?
 
April 15 – July 8

1.    The MMLA covers only the birth or adoption of a child or children, not pre-birth pregnancy-related disabilities. Therefore, the MMLA does not cover any of her pre-birth time off.
 
2.    The FMLA does cover pregnancy-related disabilities, so this provides job protection for Judy for up to 12 weeks during her period of bed rest.
 
3.    After 12 weeks, Judy exhausts her FMLA on July 8 (assuming she has not taken any other FMLA time in the prior 12 months).
 
July 9 – August 14

1.    Judy is out of FMLA and the MMLA has not yet come into effect. She is likely still protected, however, under the Americans with Disabilities Act (as amended by the ADA Amendments Act effective January 2009) and under the Massachusetts equivalent nondiscrimination law. 
 
2.    Judy also may be protected by both federal and Massachusetts sex or pregnancy discrimination laws if her employer allows leaves of absence to employees for non-pregnancy-related temporary disabilities.
 
3.     Her employer would be wise to provide an extended leave of absence due to her pregnancy and/or pregnancy disability to cover the period from FMLA exhaustion until the MMLA provides the employee with parental/bonding leave.
 
August 15 -

Once Judy has given birth, the MMLA allows eight weeks of job-protected leave per birth or adoption. So, for having eight babies, she is entitled to 64 weeks of leave, eight for each baby.
 
 
2. California Family Rights Act and FMLA
This scenario about how FMLA and state laws interact in a domestic partnership with multiple illnesses shows how the timing of multiple leaves can have a huge impact.
 
 
Marie and her registered domestic partner Susan live together with Susan’s 10-year-old child, Thomas. Thomas is diagnosed with a serious health condition and needs physical care at home. Both Marie and Susan work for California employers that are covered by both the California Family Rights Act (CFRA) and the FMLA.
 
 
Can Marie and Susan take time off to care for Thomas?
 
1.  Both FMLA AND CFRA provide 12 weeks of job-protected leave within one leave year to care for certain family members as defined by the statutes. As Thomas’s mother, Susan is entitled to take up to 12 weeks of job-protected leave under both FMLA and CFRA to care for him. Her leave under each act runs concurrently. After 12 weeks she has exhausted her FMLA and CFRA entitlements for her employer’s defined leave year.  

 

2.  After Susan has exhausted her leave rights, Marie takes time off to care for Thomas. Marie also is entitled to 12 weeks off under each leave act. CFRA provides time off to care for a child with a serious health condition under two conditions. (1) If the child is the child of the employee’s domestic partner and/or (2) a child with whom the employee stands “in loco parentis” (in the place of a parent or like a parent, providing care and/ or support).

 

3.  The FMLA does not provide leave to care for the child of a domestic partner, but does provide time off to care for a child with a serious health condition if the employee is in loco parentis to the child. Because Marie, Susan, and Thomas all live together and Marie helps provide financial support and parenting care for Thomas, she qualifies for this leave and in caring for Thomas, exhausts both her FMLA and CFRA rights for the leave year.

Note that the result would be the same if Marie and Susan work for the same employer. Neither FMLA nor CFRA require parents employed by the same employer to share time off to care for a child with a serious health condition.

 

To understand the complexity of these laws, suppose that before Thomas’s illness, Susan had experienced her own serious health condition. Marie stayed home from work for 12 weeks to provide Susan with physical care during her injury and recovery. This leave is covered by CFRA, which provides leave rights to care for a registered domestic partner with a serious health condition. Susan has exhausted her CFRA time for the leave year, but, her time off does not count toward her FMLA leave rights, as the FMLA does not provide job-protected leave to care for a domestic partner with a serious health condition.

 

Then when Thomas becomes ill with a serious health condition and needs physical care at home. Marie can take another 12 weeks of leave during the leave year to care for Thomas because she stands in loco parentis to him, and her FMLA rights were not exhausted during her time off to care for Susan.

Note that if Susan’s and Thomas’s serious health conditions occurred in reverse order, Susan’s CFRA and FMLA rights both would have been exhausted in caring for Thomas first, and she would not have had any job-protected time left under CFRA to care for Susan. 

 

 
3. Caring for an Injured Military Service Member
 
This scenario illustrates how caring for someone injured in the line of duty differs and interacts with caring for an injured civilian.
 
 
Henry is an employee of a company covered by FMLA. When his son, Josh, a serviceman in the US Navy, is injured on an aircraft carrier during an engagement and is sent home, can Henry take time off to care for Josh?
 
 
An employee may take up to 26 weeks of job-protected leave in one 12-month period in order to care for a son, daughter, spouse, or parent who has been injured in the line of duty on active duty, or if the employee is designated by the injured service member as his or her “next of kin” per the regulations.
 
The 12-month period is measured forward from the first date of leave for this reason, regardless of the method used by the employer to calculate an employee’s leave entitlement for other FMLA reasons (e.g., rolling back, calendar year, or other fixed year).
 
 
The 26 weeks includes the employee’s 12 weeks of leave for other FMLA-qualifying reasons, but the military caregiver leave must be applied first, so that if the employee does not use the full 26 weeks for caregiver leave, he or she still has the remainder of the 26 weeks, up to 12 weeks maximum, to use for other FMLA reasons.
Assume Henry’s employer uses the 12-month rolling backward method of calculating employee FMLA leave entitlements.
 
 
1.     Henry has taken no previous FMLA leave since he became eligible, and may take up to 26 weeks to care for Josh.

 

2.     Josh recovers and Henry is no longer needed to care for him after 8 weeks. Henry returns to work and under the regulations forfeits the remaining 18 weeks of military caregiver leave as a result.
 
3.      A month after returning to work Henry requests FMLA time off to care for his wife, who has a serious health condition. His employer is required to apply the military caregiver leave first, up to the 26 weeks. Because Henry used less than 14 weeks of the caregiver leave entitlement, he still has up to 12 weeks of FMLA entitlement for other reasons. 

 

4.     Suppose, however, that five months before Josh’s military injury, Henry had taken leave because he adopted a child and took 12 weeks of FMLA leave to bond with the adopted child. When Josh is injured, Michael is still entitled to 26 weeks of leave to care for him, because the 12-month period for this leave reason is always measured forward from the first date of the leave. If his care is needed that long, he can take up to the full 26 weeks despite having taken 12 weeks within the past year, measured rolling backward.
 
5.      Fortunately, Josh recovers within eight weeks, no longer needs Henry’s care, and Henry returns to work. Henry then forfeits the remainder of the 26 weeks of military caregiver leave.
 
6.      A month after returning to work Henry requests FMLA time off to care for his wife, who has a serious health condition. Although Henry has only taken a total of 20 weeks, he no longer has any FMLA time available to use for his wife’s care. Looking back 12 months in accordance with his employer’s rolling back method, Henry has already taken 12 weeks of leave for reasons not related to the military caregiver leave (the adoption and bonding time). Thus, he has no regular FMLA time left to care for his wife.
 

What Should You Be Doing to Better Manage Leaves?

The takeaway from these examples is that leave laws form a complex web that continually has to be untangled for each case. In addition, these laws are constantly being amended and updated as challenges are decided on in court. (WCxKit)

 
 
Every employer should:
 
1.    Make sure supervisors are aware that leave laws are complex and that they should not try to handle leave requests without help from their HR, benefits, or legal department.
 
2.    Make sure supervisors are aware their attitude is important, and that if they respond negatively to requests for leave, it could be construed as FMLA interference and expose the employer to potential legal action.

 

3.    Understand that employers do not have to grant every leave request just to avoid the risk of noncompliance. With proper understanding of leave laws, there are many ways that employers can reduce the burden of unnecessary leaves while still giving employees the leaves to which they are entitled.
 

Up-to-Date Leave Law Information is the Key.
 
No human being can be expected to hold this kind of complexity in his or her head, and researching leaves on various government databases is both time consuming and increases the risk of missing any important change or guidance on a gray area. Be sure you have the most current information on FMLA, state and other leave laws available in a format that is easy to search, complete and always up-to-date. If you encounter any “gray areas” in leave laws, be sure to seek expert advice to minimize the risk of legal challenges.
 

Martha J. Cardi J.D. is Chief Compliance Officer for Reed Group and Chief Editor of Reed Group’s Leave of Absence Advisor, a web-based resource for administering FMLA, state and other leave laws. More info at www.reedgroup.com. Contact at services@reedgroup.com.

WORKERS COMP BOOK:  www.WCManual.com
 
 

WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php
 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.

]]> http://blog.reduceyourworkerscomp.com/2011/10/3-ways-to-untangle-a-complex-web-of-fmla-and-state-leave-laws/feed/ 0 Managing CALIFORNIA Family Rights Act and FMLA Compliance http://blog.reduceyourworkerscomp.com/2011/10/managing-california-family-rights-act-and-fmla-compliance/?utm_source=rss&utm_medium=rss&utm_campaign=managing-california-family-rights-act-and-fmla-compliance http://blog.reduceyourworkerscomp.com/2011/10/managing-california-family-rights-act-and-fmla-compliance/#comments Mon, 03 Oct 2011 18:54:14 +0000 Martha Cardi J.D. http://blog.reduceyourworkerscomp.com/?p=18910 By Martha J. Cardi

Think workers comp is hard to manage? Try FMLA, state and other leaves of absence.

 

These overlapping and ever-changing leave laws are so complicated many employers either grant too much leave in fear of being out of compliance, or refuse leave that legitimately should be granted, exposing the employer to risk of lawsuits. (WCxKit)

 

How employers (and/or their TPAs) manage FMLA can have a big impact on costs, productivity, employee morale and, perhaps most important, reduce the risk of legal action for claims of noncompliance. Quite simply, it pays to devote the resources to make sure it is done right.

 

To give you an idea of how complicated managing these leaves can be, consider this hypothetical scenario and how it should be correctly handled. While reading, keep in mind that, while this scenario looks overblown, in real life it actually can get much more complicated than this.

 

California Family Rights Act and FMLA

This scenario about how FMLA and state laws interact in a domestic partnership with multiple illnesses shows how the timing of multiple leaves can have a huge impact.

 

Marie and her registered domestic partner Susan live together with Susan’s 10-year-old child, Thomas.  Thomas is diagnosed with a serious health condition and needs physical care at home. Both Marie and Susan work for California employers that are covered by both the California Family Rights Act (CFRA) and the FMLA.

 

Can Marie and Susan take time off to care for Thomas?

 

Both FMLA AND CFRA provide 12 weeks of job-protected leave within one leave year to care for certain family members as defined by the statutes. As Thomas’s mother, Susan is entitled to take up to 12 weeks of job-protected leave under both FMLA and CFRA to care for him. Her leave under each act runs concurrently. After 12 weeks she has exhausted her FMLA and CFRA entitlements for her employer’s defined leave year.  


After Susan has exhausted her leave rights, Marie takes time off to care for Thomas. Marie also is entitled to 12 weeks off under each leave act. CFRA provides time off to care for a child with a serious health condition under two conditions.  (1) If the child is the child of the employee’s domestic partner and/or (2) a child with whom the employee stands “in loco parentis” (in the place of a parent or like a parent, providing care and/ or support).


The FMLA does not provide leave to care for the child of a domestic partner, but does provide time off to care for a child with a serious health condition if the employee is in loco parentis to the child.  Because Marie, Susan, and Thomas all live together and Marie helps provide financial support and parenting care for Thomas, she qualifies for this leave and in caring for Thomas, exhausts both her FMLA and CFRA rights for the leave year.


Note that the result would be the same if Marie and Susan work for the same employer. Neither FMLA nor CFRA require parents employed by the same employer to share time off to care for a child with a serious health condition.


To understand the complexity of these laws, suppose that before Thomas’s illness, Susan had experienced her own serious health condition. Marie stayed home from work for 12 weeks to provide Susan with physical care during her injury and recovery. This leave is covered by CFRA, which provides leave rights to care for a registered domestic partner with a serious health condition. Susan has exhausted her CFRA time for the leave year, but, her time off does not count toward her FMLA leave rights, as the FMLA does not provide job-protected leave to care for a domestic partner with a serious health condition.


Then when Thomas becomes ill with a serious health condition and needs physical care at home. Marie can take another 12 weeks of leave during the leave year to care for Thomas because she stands in loco parentis to him, and her FMLA rights were not exhausted during her time off to care for Susan.


Note that if Susan’s and Thomas’s serious health conditions occurred in reverse order, Susan’s CFRA and FMLA rights both would have been exhausted in caring for Thomas first, and she would not have had any job-protected time left under CFRA to care for Susan. 


What Should You Be Doing to Better Manage Leaves?


The takeaway from this example is that leave laws form a complex web that continually has to be untangled for each case. In addition, these laws are constantly being amended and updated as challenges are decided on in court. (WCxKit)
 

Every employer should:

1. Make sure supervisors are aware that leave laws are complex and that they should not try to handle leave requests without help from their HR, benefits, or legal department.

 

2. Make sure supervisors are aware their attitude is important, and that if they respond negatively to requests for leave, it could be construed as FMLA interference and expose the employer to potential legal action.

 

3. Understand that employers do not have to grant every leave request just to avoid the risk of noncompliance. With proper understanding of leave laws, there are many ways that employers can reduce the burden of unnecessary leaves while still giving employees the leaves to which they are entitled.

 

Up-to-Date Leave Law Information is the Key.

No human being can be expected to hold this kind of complexity in his or her head, and researching leaves on various government databases is both time consuming and increases the risk of missing any important change or guidance on a gray area. Be sure you have the most current information on FMLA, state and other leave laws available in a format that is easy to search, complete and always up-to-date. If you encounter any “gray areas” in leave laws, be sure to seek expert advice to minimize the risk of legal challenges. 

 

Martha J. Cardi is Chief Compliance Officer for Reed Group and Chief Editor of Reed Group’s Leave of Absence Advisor, a web-based resource for administering FMLA, state and other leave laws. More info at www.reedgroup.com. Contact at services@reedgroup.com.



Our WORKERS COMP BOOK:  www.WCManual.com
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php

 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
]]> By Martha J. Cardi

Think workers comp is hard to manage? Try FMLA, state and other leaves of absence.

 

These overlapping and ever-changing leave laws are so complicated many employers either grant too much leave in fear of being out of compliance, or refuse leave that legitimately should be granted, exposing the employer to risk of lawsuits. (WCxKit)

 

How employers (and/or their TPAs) manage FMLA can have a big impact on costs, productivity, employee morale and, perhaps most important, reduce the risk of legal action for claims of noncompliance. Quite simply, it pays to devote the resources to make sure it is done right.

 

To give you an idea of how complicated managing these leaves can be, consider this hypothetical scenario and how it should be correctly handled. While reading, keep in mind that, while this scenario looks overblown, in real life it actually can get much more complicated than this.

 

California Family Rights Act and FMLA

This scenario about how FMLA and state laws interact in a domestic partnership with multiple illnesses shows how the timing of multiple leaves can have a huge impact.

 

Marie and her registered domestic partner Susan live together with Susan’s 10-year-old child, Thomas.  Thomas is diagnosed with a serious health condition and needs physical care at home. Both Marie and Susan work for California employers that are covered by both the California Family Rights Act (CFRA) and the FMLA.

 

Can Marie and Susan take time off to care for Thomas?

 

Both FMLA AND CFRA provide 12 weeks of job-protected leave within one leave year to care for certain family members as defined by the statutes. As Thomas’s mother, Susan is entitled to take up to 12 weeks of job-protected leave under both FMLA and CFRA to care for him. Her leave under each act runs concurrently. After 12 weeks she has exhausted her FMLA and CFRA entitlements for her employer’s defined leave year.  


After Susan has exhausted her leave rights, Marie takes time off to care for Thomas. Marie also is entitled to 12 weeks off under each leave act. CFRA provides time off to care for a child with a serious health condition under two conditions.  (1) If the child is the child of the employee’s domestic partner and/or (2) a child with whom the employee stands “in loco parentis” (in the place of a parent or like a parent, providing care and/ or support).


The FMLA does not provide leave to care for the child of a domestic partner, but does provide time off to care for a child with a serious health condition if the employee is in loco parentis to the child.  Because Marie, Susan, and Thomas all live together and Marie helps provide financial support and parenting care for Thomas, she qualifies for this leave and in caring for Thomas, exhausts both her FMLA and CFRA rights for the leave year.


Note that the result would be the same if Marie and Susan work for the same employer. Neither FMLA nor CFRA require parents employed by the same employer to share time off to care for a child with a serious health condition.


To understand the complexity of these laws, suppose that before Thomas’s illness, Susan had experienced her own serious health condition. Marie stayed home from work for 12 weeks to provide Susan with physical care during her injury and recovery. This leave is covered by CFRA, which provides leave rights to care for a registered domestic partner with a serious health condition. Susan has exhausted her CFRA time for the leave year, but, her time off does not count toward her FMLA leave rights, as the FMLA does not provide job-protected leave to care for a domestic partner with a serious health condition.


Then when Thomas becomes ill with a serious health condition and needs physical care at home. Marie can take another 12 weeks of leave during the leave year to care for Thomas because she stands in loco parentis to him, and her FMLA rights were not exhausted during her time off to care for Susan.


Note that if Susan’s and Thomas’s serious health conditions occurred in reverse order, Susan’s CFRA and FMLA rights both would have been exhausted in caring for Thomas first, and she would not have had any job-protected time left under CFRA to care for Susan. 


What Should You Be Doing to Better Manage Leaves?


The takeaway from this example is that leave laws form a complex web that continually has to be untangled for each case. In addition, these laws are constantly being amended and updated as challenges are decided on in court. (WCxKit)
 

Every employer should:

1. Make sure supervisors are aware that leave laws are complex and that they should not try to handle leave requests without help from their HR, benefits, or legal department.

 

2. Make sure supervisors are aware their attitude is important, and that if they respond negatively to requests for leave, it could be construed as FMLA interference and expose the employer to potential legal action.

 

3. Understand that employers do not have to grant every leave request just to avoid the risk of noncompliance. With proper understanding of leave laws, there are many ways that employers can reduce the burden of unnecessary leaves while still giving employees the leaves to which they are entitled.

 

Up-to-Date Leave Law Information is the Key.

No human being can be expected to hold this kind of complexity in his or her head, and researching leaves on various government databases is both time consuming and increases the risk of missing any important change or guidance on a gray area. Be sure you have the most current information on FMLA, state and other leave laws available in a format that is easy to search, complete and always up-to-date. If you encounter any “gray areas” in leave laws, be sure to seek expert advice to minimize the risk of legal challenges. 

 

Martha J. Cardi is Chief Compliance Officer for Reed Group and Chief Editor of Reed Group’s Leave of Absence Advisor, a web-based resource for administering FMLA, state and other leave laws. More info at www.reedgroup.com. Contact at services@reedgroup.com.



Our WORKERS COMP BOOK:  www.WCManual.com
WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php

 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
]]> http://blog.reduceyourworkerscomp.com/2011/10/managing-california-family-rights-act-and-fmla-compliance/feed/ 0 FMLA and Maternity Leave Law Integration Nightmare Scenario http://blog.reduceyourworkerscomp.com/2011/09/fmla-and-mass-maternity-leave-law-integration-nightmare-scenario/?utm_source=rss&utm_medium=rss&utm_campaign=fmla-and-mass-maternity-leave-law-integration-nightmare-scenario http://blog.reduceyourworkerscomp.com/2011/09/fmla-and-mass-maternity-leave-law-integration-nightmare-scenario/#comments Mon, 26 Sep 2011 15:45:55 +0000 Martha Cardi J.D. http://blog.reduceyourworkerscomp.com/?p=18906 By Martha J. Cardi

 
Think workers comp is hard to manage? Try FMLA, state and other leaves of absence, then add in the workers compensation issues and you may have a nightmare.
 
These overlapping and ever-changing leave laws are so complicated many employers either grant too much leave in fear of being out of compliance, or refuse leave that legitimately should be granted, exposing the employer to risk of lawsuits. (WCxKit)
 
How employers (and/or their TPAs) manage FMLA can have a big impact on costs, productivity, employee morale and, perhaps most important, reduce the risk of legal action for claims of noncompliance. Quite simply, it pays to devote the resources to make sure it is done right.
 
To give you an idea of how complicated managing these leaves can be, consider this hypothetical scenario and how it should be correctly handled. While reading, keep in mind that, while this scenario looks overblown, in real life it actually can get much more complicated than this.
 
 
Pregnant Employee With Multiple Births
 
This scenario illustrates the interaction of FMLA and state leaves for an employee with a complicated pregnancy.
 
Judy in Massachusetts is employed by a company that is covered by both the FMLA and the Massachusetts Maternity Leave Act (MMLA). She becomes pregnant with multiple fetuses with a due date of October 15 and is put on bed rest by her OB effective April 15. On August 30 she delivers eight babies, all of which survive.
 
How much job-protected leave does Judy get, and under which statutes?
 
April 15 – July 8

1.    The MMLA covers only the birth or adoption of a child or children, not pre-birth pregnancy-related disabilities. Therefore, the MMLA does not cover any of her pre-birth time off.
 
2.    The FMLA does cover pregnancy-related disabilities, so this provides job protection for Judy for up to 12 weeks during her period of bed rest.
 
3.    After 12 weeks, Judy exhausts her FMLA on July 8 (assuming she has not taken any other FMLA time in the prior 12 months).

 

July 9 – August 14

1.    Judy is out of FMLA and the MMLA has not yet come into effect. She is likely still protected, however, under the Americans with Disabilities Act (as amended by the ADA Amendments Act effective January 2009) and under the Massachusetts equivalent nondiscrimination law. 
 
2.    Judy also may be protected by both federal and Massachusetts sex or pregnancy discrimination laws if her employer allows leaves of absence to employees for non-pregnancy-related temporary disabilities.
 
3.    Her employer would be wise to provide an extended leave of absence due to her pregnancy and/or pregnancy disability to cover the period from FMLA exhaustion until the MMLA provides the employee with parental/bonding leave.

 

August 15 and onward

Once Judy has given birth, the MMLA allows eight weeks of job-protected leave per birth or adoption.So, for having eight babies, she is entitled to 64 weeks of leave, eight for each baby.
 
What Should You Be Doing to Better Manage Leaves?

The takeaway from this examples is that leave laws form a complex web that continually has to be untangled for each case. In addition, these laws are constantly being amended and updated as challenges are decided on in court. (WCxKit)
 
Every employer should:
 
1.    Make sure supervisors are aware that leave laws are complex and that they should not try to handle leave requests without help from their HR, benefits, or legal department.
2.    Make sure supervisors are aware their attitude is important, and that if they respond negatively to requests for leave, it could be construed as FMLA interference and expose the employer to potential legal action.
3.    Understand that employers do not have to grant every leave request just to avoid the risk of noncompliance. With proper understanding of leave laws, there are many ways that employers can reduce the burden of unnecessary leaves while still giving employees the leaves to which they are entitled.
 
Up-to-Date Leave Law Information is the Key.
 
No human being can be expected to hold this kind of complexity in his or her head, and researching leaves on various government databases is both time consuming and increases the risk of missing any important change or guidance on a gray area. Be sure you have the most current information on FMLA, state and other leave laws available in a format that is easy to search, complete and always up-to-date. If you encounter any “gray areas” in leave laws, be sure to seek expert advice to minimize the risk of legal challenges.

Martha J. Cardi is Chief Compliance Officer for Reed Group and Chief Editor of Reed Group’s Leave of Absence Advisor, a web-based resource for administering FMLA, state and other leave laws. More info at www.reedgroup.com. Contact at services@reedgroup.com.

Our WORKERS COMP BOOK:  www.WCManual.com

 

WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php
 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
]]> By Martha J. Cardi

 
Think workers comp is hard to manage? Try FMLA, state and other leaves of absence, then add in the workers compensation issues and you may have a nightmare.
 
These overlapping and ever-changing leave laws are so complicated many employers either grant too much leave in fear of being out of compliance, or refuse leave that legitimately should be granted, exposing the employer to risk of lawsuits. (WCxKit)
 
How employers (and/or their TPAs) manage FMLA can have a big impact on costs, productivity, employee morale and, perhaps most important, reduce the risk of legal action for claims of noncompliance. Quite simply, it pays to devote the resources to make sure it is done right.
 
To give you an idea of how complicated managing these leaves can be, consider this hypothetical scenario and how it should be correctly handled. While reading, keep in mind that, while this scenario looks overblown, in real life it actually can get much more complicated than this.
 
 
Pregnant Employee With Multiple Births
 
This scenario illustrates the interaction of FMLA and state leaves for an employee with a complicated pregnancy.
 
Judy in Massachusetts is employed by a company that is covered by both the FMLA and the Massachusetts Maternity Leave Act (MMLA). She becomes pregnant with multiple fetuses with a due date of October 15 and is put on bed rest by her OB effective April 15. On August 30 she delivers eight babies, all of which survive.
 
How much job-protected leave does Judy get, and under which statutes?
 
April 15 – July 8

1.    The MMLA covers only the birth or adoption of a child or children, not pre-birth pregnancy-related disabilities. Therefore, the MMLA does not cover any of her pre-birth time off.
 
2.    The FMLA does cover pregnancy-related disabilities, so this provides job protection for Judy for up to 12 weeks during her period of bed rest.
 
3.    After 12 weeks, Judy exhausts her FMLA on July 8 (assuming she has not taken any other FMLA time in the prior 12 months).

 

July 9 – August 14

1.    Judy is out of FMLA and the MMLA has not yet come into effect. She is likely still protected, however, under the Americans with Disabilities Act (as amended by the ADA Amendments Act effective January 2009) and under the Massachusetts equivalent nondiscrimination law. 
 
2.    Judy also may be protected by both federal and Massachusetts sex or pregnancy discrimination laws if her employer allows leaves of absence to employees for non-pregnancy-related temporary disabilities.
 
3.    Her employer would be wise to provide an extended leave of absence due to her pregnancy and/or pregnancy disability to cover the period from FMLA exhaustion until the MMLA provides the employee with parental/bonding leave.

 

August 15 and onward

Once Judy has given birth, the MMLA allows eight weeks of job-protected leave per birth or adoption.So, for having eight babies, she is entitled to 64 weeks of leave, eight for each baby.
 
What Should You Be Doing to Better Manage Leaves?

The takeaway from this examples is that leave laws form a complex web that continually has to be untangled for each case. In addition, these laws are constantly being amended and updated as challenges are decided on in court. (WCxKit)
 
Every employer should:
 
1.    Make sure supervisors are aware that leave laws are complex and that they should not try to handle leave requests without help from their HR, benefits, or legal department.
2.    Make sure supervisors are aware their attitude is important, and that if they respond negatively to requests for leave, it could be construed as FMLA interference and expose the employer to potential legal action.
3.    Understand that employers do not have to grant every leave request just to avoid the risk of noncompliance. With proper understanding of leave laws, there are many ways that employers can reduce the burden of unnecessary leaves while still giving employees the leaves to which they are entitled.
 
Up-to-Date Leave Law Information is the Key.
 
No human being can be expected to hold this kind of complexity in his or her head, and researching leaves on various government databases is both time consuming and increases the risk of missing any important change or guidance on a gray area. Be sure you have the most current information on FMLA, state and other leave laws available in a format that is easy to search, complete and always up-to-date. If you encounter any “gray areas” in leave laws, be sure to seek expert advice to minimize the risk of legal challenges.

Martha J. Cardi is Chief Compliance Officer for Reed Group and Chief Editor of Reed Group’s Leave of Absence Advisor, a web-based resource for administering FMLA, state and other leave laws. More info at www.reedgroup.com. Contact at services@reedgroup.com.

Our WORKERS COMP BOOK:  www.WCManual.com

 

WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php
 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
]]> http://blog.reduceyourworkerscomp.com/2011/09/fmla-and-mass-maternity-leave-law-integration-nightmare-scenario/feed/ 0 Nurses Survey: Transformational Leadership and Workplace Injury And Absenteeism http://blog.reduceyourworkerscomp.com/2011/09/nurses-survey-transformational-leadership-and-workplace-injury-and-absenteeism/?utm_source=rss&utm_medium=rss&utm_campaign=nurses-survey-transformational-leadership-and-workplace-injury-and-absenteeism http://blog.reduceyourworkerscomp.com/2011/09/nurses-survey-transformational-leadership-and-workplace-injury-and-absenteeism/#comments Wed, 14 Sep 2011 18:17:22 +0000 Rebecca Shafer, J.D. http://blog.reduceyourworkerscomp.com/?p=18260
 
A national nursing assistant survey yielded some interesting findings as seen on the Health Care Management Review website. Brought to our attention by Jennifer Christian, M.D., the study tells that nursing assistants (NAs) are an important human resource in health care. They provide direct care to more than 1.5 million nursing home patients in about 16,100 nursing home settings according to the Centers for Disease Control and Prevention. A higher turnover rate in the field (about 66 percent in 2007) among NAs may be linked to reduced quality of patient care in nursing homes, according to the study.
 
 
Naturally, workplace injury is a serious concern among NAs, the study states. Transformational leadership (TL) has long been popular among management scholars and health services researchers, but no research studies have empirically tested the association of TL with workplace injuries and absenteeism among nursing assistants (NAs).(WCxKit)
                                                                                                               
 
The cross-sectional study explores whether TL is associated with workplace injuries and absenteeism among NAs. They analyzed the 2004 National Nursing Assistant Survey data. A multivariate logistic regression analysis was performed to test the role of TL in the context of workplace performances and results revealed the TL model was positively linked to workplace injury in the level of NAs. Injury-related absenteeism was also associated with the TL style, indicating that TL behaviors may help address workplace absence among NAs.
 
 
Findings suggest introducing TL practices may benefit NAs in improving workplace performances.
 
 
Over the past 10-year period (1995-2004), about 800,000 nursing, psychiatric, and home health aides were injured in the workplace, the report says. Over the same period, 154 workers in the occupation were killed on the job. Nursing aides, orderlies, and attendants experience the third highest number of injuries and illness, exceeded only by truck drivers and laborers and material movers. (WCxKit)
 
 
In a prospective study investigating workplace injuries among NAs in Washington State, revealed that about 46 percent of the sampled respondents reported back and shoulder injuries. The study was based on a national survey and reports that more than half of certified NAs had at least one work-related injury in the past year. Prior studies have suggested that occupational injury may be blamed for the attrition rate of NAs.
 

Author Rebecca Shafer, JD, President of Amaxx Risk Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing, publishing, pharmaceuticals, retail, hospitality, and manufacturing. See www.LowerWC.com for more information. Contact: RShafer@ReduceYourWorkersComp.com.
 
 

Our WORKERS COMP BOOK:  www.WCManual.com
 
 

 

WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php
 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
]]>
 
A national nursing assistant survey yielded some interesting findings as seen on the Health Care Management Review website. Brought to our attention by Jennifer Christian, M.D., the study tells that nursing assistants (NAs) are an important human resource in health care. They provide direct care to more than 1.5 million nursing home patients in about 16,100 nursing home settings according to the Centers for Disease Control and Prevention. A higher turnover rate in the field (about 66 percent in 2007) among NAs may be linked to reduced quality of patient care in nursing homes, according to the study.
 
 
Naturally, workplace injury is a serious concern among NAs, the study states. Transformational leadership (TL) has long been popular among management scholars and health services researchers, but no research studies have empirically tested the association of TL with workplace injuries and absenteeism among nursing assistants (NAs).(WCxKit)
                                                                                                               
 
The cross-sectional study explores whether TL is associated with workplace injuries and absenteeism among NAs. They analyzed the 2004 National Nursing Assistant Survey data. A multivariate logistic regression analysis was performed to test the role of TL in the context of workplace performances and results revealed the TL model was positively linked to workplace injury in the level of NAs. Injury-related absenteeism was also associated with the TL style, indicating that TL behaviors may help address workplace absence among NAs.
 
 
Findings suggest introducing TL practices may benefit NAs in improving workplace performances.
 
 
Over the past 10-year period (1995-2004), about 800,000 nursing, psychiatric, and home health aides were injured in the workplace, the report says. Over the same period, 154 workers in the occupation were killed on the job. Nursing aides, orderlies, and attendants experience the third highest number of injuries and illness, exceeded only by truck drivers and laborers and material movers. (WCxKit)
 
 
In a prospective study investigating workplace injuries among NAs in Washington State, revealed that about 46 percent of the sampled respondents reported back and shoulder injuries. The study was based on a national survey and reports that more than half of certified NAs had at least one work-related injury in the past year. Prior studies have suggested that occupational injury may be blamed for the attrition rate of NAs.
 

Author Rebecca Shafer, JD, President of Amaxx Risk Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing, publishing, pharmaceuticals, retail, hospitality, and manufacturing. See www.LowerWC.com for more information. Contact: RShafer@ReduceYourWorkersComp.com.
 
 

Our WORKERS COMP BOOK:  www.WCManual.com
 
 

 

WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php
 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
]]> http://blog.reduceyourworkerscomp.com/2011/09/nurses-survey-transformational-leadership-and-workplace-injury-and-absenteeism/feed/ 0 Leave of Absence Tool Clarifies State and Federal Family Leave Laws for Employers http://blog.reduceyourworkerscomp.com/2011/09/leave-of-absence-tool-clarifies-state-and-federal-family-leave-laws-for-employers/?utm_source=rss&utm_medium=rss&utm_campaign=leave-of-absence-tool-clarifies-state-and-federal-family-leave-laws-for-employers http://blog.reduceyourworkerscomp.com/2011/09/leave-of-absence-tool-clarifies-state-and-federal-family-leave-laws-for-employers/#comments Mon, 12 Sep 2011 18:59:49 +0000 WCK Director http://blog.reduceyourworkerscomp.com/?p=18285  
Eight out of 10 employers cite leave law administration as their most difficult human resource activity given the myriad of overlapping leave laws and potential million-dollar claim disputes. A new searchable online reference tool, providing accurate and complete information on federal Family and Medical Leave Act (FMLA), state Family Medical Leave (FML), and other leave laws was recently launched by Reed Group, MDGuidelines.
 
 
Leave of Absence Advisor simplifies the tangled web of state and federal leave laws. Users can search by keyword, browse by category or specify state and leave reason, and also obtain information on corresponding best practices by Reed Group’s return-to work and leave law experts. The result is easier leaves administration, reduced risk of costly compliance errors, and increased confidence that employees are receiving the appropriate leaves when personal difficulties arise.
 
 
“No human being can possibly understand, interpret, and apply overlapping regulations in multiple jurisdictions while in the daily process of approving and administering leaves,” says Jon Seymour, MD, Reed Group President, Guidelines. “Leave of Absence Advisor is a critically needed tool for navigating that complexity. (WCxKit)
 
 
Chief Compliance Officer Martha J. Cardi says Leave of Absence Advisor users can rest assured its content is the most up-to-date information available.
 
 
“Our content is in full compliance with the multitude of state and federal leave laws,” Cardi, a recognized expert in employment and leave law, said. “We track leave of absence legislation throughout the country and implement changes into all of our products and services on an on-going basis. Users will benefit immediately from this competency when they use Leave of Absence Advisor.”
 
 
Everyone involved in return-to-work matters can benefit from using Leave of Absence Advisor, including employers, insurers, third party administrators, attorneys, government entities, and employees. (WCxKit)
 
 
For more information and a free demonstration of MDGuidelines Leave of Absence Advisor, phone Reed Group at 866-889-4449 or email mdguidelines@reedgroup.com.
 
 
Reed Group®, headquartered in Colorado, is the world’s most trusted source of return-to-work information, helping companies improve employee absence outcomes. Contact 866.889.4449 or email jnelson@reedgroup.com; at www.reedgroup.com.
 
MDGuidelines is the disability industry’s leading return-to-work reference toolset. Available as a web-based resource or integrated with the user’s IT system, MDGuidelines offers real-world and idealized return-to-work durations with advanced predictive modeling. Visit www.mdguidelines.com.


 
Our WORKERS COMP BOOK:  www.WCManual.com
 
 

 

WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php
 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
]]>  
Eight out of 10 employers cite leave law administration as their most difficult human resource activity given the myriad of overlapping leave laws and potential million-dollar claim disputes. A new searchable online reference tool, providing accurate and complete information on federal Family and Medical Leave Act (FMLA), state Family Medical Leave (FML), and other leave laws was recently launched by Reed Group, MDGuidelines.
 
 
Leave of Absence Advisor simplifies the tangled web of state and federal leave laws. Users can search by keyword, browse by category or specify state and leave reason, and also obtain information on corresponding best practices by Reed Group’s return-to work and leave law experts. The result is easier leaves administration, reduced risk of costly compliance errors, and increased confidence that employees are receiving the appropriate leaves when personal difficulties arise.
 
 
“No human being can possibly understand, interpret, and apply overlapping regulations in multiple jurisdictions while in the daily process of approving and administering leaves,” says Jon Seymour, MD, Reed Group President, Guidelines. “Leave of Absence Advisor is a critically needed tool for navigating that complexity. (WCxKit)
 
 
Chief Compliance Officer Martha J. Cardi says Leave of Absence Advisor users can rest assured its content is the most up-to-date information available.
 
 
“Our content is in full compliance with the multitude of state and federal leave laws,” Cardi, a recognized expert in employment and leave law, said. “We track leave of absence legislation throughout the country and implement changes into all of our products and services on an on-going basis. Users will benefit immediately from this competency when they use Leave of Absence Advisor.”
 
 
Everyone involved in return-to-work matters can benefit from using Leave of Absence Advisor, including employers, insurers, third party administrators, attorneys, government entities, and employees. (WCxKit)
 
 
For more information and a free demonstration of MDGuidelines Leave of Absence Advisor, phone Reed Group at 866-889-4449 or email mdguidelines@reedgroup.com.
 
 
Reed Group®, headquartered in Colorado, is the world’s most trusted source of return-to-work information, helping companies improve employee absence outcomes. Contact 866.889.4449 or email jnelson@reedgroup.com; at www.reedgroup.com.
 
MDGuidelines is the disability industry’s leading return-to-work reference toolset. Available as a web-based resource or integrated with the user’s IT system, MDGuidelines offers real-world and idealized return-to-work durations with advanced predictive modeling. Visit www.mdguidelines.com.


 
Our WORKERS COMP BOOK:  www.WCManual.com
 
 

 

WORK COMP CALCULATOR:  www.LowerWC.com/calculator.php
 
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
 
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
]]> http://blog.reduceyourworkerscomp.com/2011/09/leave-of-absence-tool-clarifies-state-and-federal-family-leave-laws-for-employers/feed/ 0