Power Tools & Tips For Workplace Leaders

Better Training to Help Managers Enforce Attendance Rules (and stay compliant)

U.S. businesses are struggling to keep track of employee absences, and it’s costing them big in productivity, revenue and legal fees. And it’s only getting worse.

To keep up with employee absence regulations and DOL (Department of Labor) guidelines, employers need to put in place a robust management program to define, measure and benchmark absence to help avoid a lawsuit. Here’s how:
 Enforce Policies

If your policy requires employees to call in if they’re going to be late or absent, you can discipline employees on leave for not complying with it. However, call-in policies must be applied consistently for all forms of absences. Another best practice: Requiring employees to use specific absence forms to make sure they stay compliant with your policies.
Get Help From Vendors

Work with outside providers, such as Alternative HRD , that have ADA and FMLA compliance built into their offerings. Absences related to ADA and FMLA must be documented to help avoid problems.
Share Absence Management

Get your entire management team involved in compliance and absence management. They need to know how to recognize and track ADA and FMLA absences.

Employers might offer training to their managers on how to best manage absences, as well as the basics of employment law.
Establish Procedures

Give employees a set of guidelines to follow when reporting they’ll be absent or late for work, including:

  • a method for tracking attendance (this might include time clock attendance software that tracks PTO, FMLA, etc.),
  • a list of approved absences (and required documentation) especially documenting unscheduled vs. scheduled absences,
  • when disciplinary action is taken, and
  • a procedure for requesting time off.
Track Every Accommodation Request

In an ADA case, Vitti v. Macy’s Inc., an employee claimed the company didn’t accommodate her illness, then fired her because of her condition after she returned from medical leave. But the employer said the worker had chronic attendance issues even before her medical leave. She also never submitted the proper paperwork for an accommodation. The court said the worker couldn’t be denied an accommodation she didn’t ask for. That’s why employers need to make it clear to employees how to ask for accommodations and then track all those requests.  
FMLA Compliance!

Only 1 in 4 HR pros report having successful absence management programs. Many HR pros will tell you that managing absence is one of their biggest headaches! Numbers are even worse for employers with no HR pro on staff.

That’s why it would be important for your business to choose an FMLA point person or persons to know how much FMLA leave each employee has used, including dates and reasons. 

Contact Alternative HRD today at 605.335.8198 . We offer onsite training for managers to be able to identify conditions, communicate with employees, implement accommodations and track absences. 
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Does a Cold or Flu Qualify for FMLA Leave? Sometimes!

FMLA regulations state that “unless complications arise, the common cold and flu do not meet the definition of a serious health condition and do not qualify for FMLA leave.” But what’s considered a “complication” that would warrant FMLA?

If the employee’s bad flu bug forces him to be incapacitated for more than three days, and he sees a doctor and receives an antibiotic, that employee could meet the qualifications to be eligible for FMLA leave. But you’ll need to evaluate it on a case-by-case basis!

Do you have questions? Contact Alternative HRD for help at 605.335.8198!
New Edition of Form I-9 Now Available
The new edition of the Form I-9 is dated 10/21/2019 but will not become mandatory until May 1.

Through April 30, employers can choose to use the previous edition dated 07/17/2017 or the new edition. U.S. Citizenship and Immigration Services (USCIS) publishes a paper I-9 Form and an electronic,  fillable I-9 Form.
We would recommend using the fillable form whenever possible.

Click here for additional information!

Do You Still Have Questions? We can help!
Contact Alternative HRD today at 605.335.8198!
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