Ensure compliance

Employers can take steps to ensure they stay compliant with the myriad leave laws. According to the panel:

Use partners, such as in-house attorneys, or outside experts, such as a third-party administrator, who can guide and interpret the laws to determine whether there will be an impact.
Documentation is vital for disciplinary decisions concerning a worker who is or has been out on leave. It is important to show that the decisions are well-supported. The documentation may also warrant an independent layer of decision-making so it shows a decision, such as termination, was not made solely by a manager. An HR representative or attorney should review such decisions to make sure they are legal.
Avoid hasty decisions to deny accommodation. Instead, be guided by five simple words: How can I help you? Fully and carefully review the request, engage the worker, seek additional information, if needed, discuss the request with managers and, regardless of the decision, make sure it is defensible. If a requested accommodation can't be implemented, tell the employee why it can't and make sure it's backed up. Seek alternative solutions. Set a time limit, such as two weeks or one month, then reassess the situation to see if it's working. Put all of this in writing so you can defend any and all actions at a later date if necessary.
Consult free resources. In addition to the JAN website, the EEOC, Society for Human Resource Management, and Disability Management Employer Coalition websites also have valuable resources available.

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Kimberly George is the senior vice president of Corporate Development, M&A and Healthcare at Sedgwick Claims Management Services, Inc. She can be reached at kimberly.george@sedgwick.com.

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