Absence Management Programs
Absence management is a complex topic. There are a myriad of reasons why an employee may be away from work for an hour, a day, a week, or months. Often, those reasons overlap or connect with each other in ways that are complicated for both employees and employers to understand.
Why is it important?
In recent years, the legislative and regulatory landscape for leave has become more complex as new legislation provides additional absence opportunities. Paid ‘maternity leave’ has migrated to paid ‘parental leave’ – covering mothers and fathers and biological and adoptive/foster parents. Fueled by a growing list of state mandates, ‘family’ or ‘caregiver’ paid leave is covering a broader population. You need to harmonize these laws with your own company leave policies to the extent it makes good business sense and minimizes administrative complexities.
Greater attention is also being placed on employer responsibilities, requirements, processes, and results around the Family Medical Leave Act (FMLA) and the Americans with Disabilities Amendments Act (ADA). Both the Department of Labor (DOL) and Equal Employment Opportunity Commission (EEOC) have increased investigative staff, focusing on systematic violations of the FMLA and ADA.
Beyond just your company, individual supervisors and human resources personnel can be held liable for FMLA violations. Former employees who successfully sue for wrongful termination under FMLA typically receive between $87,500 and $450,000 in damages. An EEOC discrimination case can be significantly greater, as there is no limit to the amount of damages. Awards from recent cases range from $10,000 to
How can we help?
Brown & Brown’s Absence Management practice has resources to assist with:
- Paid Family and Medical Leave (PFML)
- Return to Work (RTW)
- Vendor Strategies
Contact us today to learn more.