by Carolyn Kick | Nov 6, 2020 | Compliance, Human Resources
This July, the Department of Labor (DOL) announced that it would be revising the Family and Medical Leave (FMLA) forms. This would result in significant changes that require additional information in notices and certifications. Although the use of these forms is not required, many employers choose to use the forms as templates for their own internal FMLA processes. Employees, employers, and medical providers fill out sections of these forms in order to process and track FMLA leave.
In this post, we’ll discuss the most important things you need to know about these new FMLA forms:
- Which FMLA forms have been updated
- What changes were made to the Notice of Eligibility and Rights and Responsibilities
- What changes were made to the Designation Notice
- What changes were made to the Medical Certifications
Which FMLA forms have been updated
Some forms were changes with only minor updates, while others were nearly completely redone. Specifically, these are the forms that were updated recently:
- Form WH-381, the notice of eligibility and rights and responsibilities
- Form WH-382, designation notice
- Form WH-380-E, medical certification of an employee’s serious health condition
- Form WH-380-F, medical certification of a family member’s serious health condition
We’ll discuss more of the specifics of these forms in the following sections.
What changes were made to the Notice of Eligibility and Rights and Responsibilities
The Notice of Eligibility and Rights and Responsibilities form (WH-381) was the form that was changed the most.
The previous version of the form was organized using a list of employee responsibilities, which was followed by a list of employee rights. This old format required the employee to refer to both sections back and forth, which led to confusion. Instead of two separate lists, the new form is organized into three topics (with several subtopics) related to an employee’s FMLA leave:
- Notice of Eligibility
- Additional Information Needed
- Notice of Rights and Responsibilities
- FMLA Leave Entitlement
- Substitution of Paid Leave – When Paid Leave is Used at the Same Time as FMLA Leave
- Maintain Health Benefits
- Other Employee Benefits
- Return-to-Work Requirements
- Other Requirements While on FMLA Leave
This format provides a much more natural flow that is in line with the FMLA process, which should reduce employee and employer confusion.
Additional clarity provided by the new WH-381 form includes:
- Adding an option for an employer to explain the effect that FMLA leave has on employee benefits besides health insurance.
- Clarifying whether FMLA leave will run concurrently with workers’ compensation, any applicable disability insurance coverage, or and other leave required by state law.
- Requiring an employer to indicate how many hours are lacking if a worker does not meet the hourly eligibility criterion (1,250 hours during the 12 months prior to the start of leave).
What changes were made to the Designation Notice
The changes made to the designation notice should positively impact both the employee and the employer. The new Designation Notice (WH-382) requires that employers specify what action an employee should take if their initial FMLA application had incomplete or insufficient information.
This is a positive change for employers because it allows them to better communicate with the employees about the information that is lacking in their FMLA request, which will ultimately help the employer make the correct decision whether to approve or deny FMLA leave.
What changes were made to the Medical Certifications
The changes to the medical certification of an employee’s serious health condition (WH-380-E) and the medical certification of a family member’s serious health condition (WH-380-F) seem to be designed to reduce the need for back and forth communication between the employer and the medical provider. Both forms now ask the medical provider to indicate a “best estimate” of the employee’s or family member’s future treatment. The forms also the medical provider to describe an essential job function that the employee cannot perform due to the injury or illness.
Both of these additions should streamline communication between the employer and the medical provider, which should lead to positive results.
Key Takeaways
Employers will want to review the recent changes that the DOL made to the standard FMLA forms. These forms are a great resource to use as templates for your own internal FMLA processes, as long as they are appropriately understood.
Key changes to the forms include:
- Form WH-381, the notice of eligibility and rights and responsibilities, has been reformatted to better match the regular flow of the FMLA process.
- Form WH-382, designation notice, requires that employers specify what action an employee should take if their initial FMLA application had incomplete or insufficient information.
- Forms WH-380-E and WH-380-F, medical certifications, ask the medical provider for additional information about the condition of the employee in order to reduce the need for back and forth communication with the employer.
Finally, be sure to look over the new forms yourself. In addition to using the links throughout this post, all the new revised FMLA forms can be found here:
https://www.dol.gov/agencies/whd/fmla/forms
by Carolyn Kick | Nov 6, 2020 | COVID Healthcare Costs, Employee Benefits
Millennials make up a significant portion of today’s workforce. Understanding millennial personalities, lifestyles, and well-being is key for many employers to successfully continue the operations of their organizations, especially in the wake of the COVID-19 pandemic.
A recent report published by the Blue Cross Blue Shield Association highlights several concerning health trends among millennials that employers will want to be acutely aware of. The issues associated with these trends could be exacerbated by the COVID-19 pandemic, which adds to the importance of understanding and preparing for the bumpy road of millennial health that lies ahead.
In this post, we’ll provide an overview of two of these key trends:
- Rates of behavior health conditions among millennials are increasing.
- Millennials with behavioral health conditions are more likely to have a chronic physical condition.
We’ll also briefly talk about what actions employers can take to address these trends in their workforce.
Rates of Behavior Health Conditions Among Millennials Are Increasing
Unfortunately, behavioral health conditions have been rising among millennials. The list below highlights some of the most pertinent conditions and their corresponding increases over the past five years:
- ADHD – 39% increase
- Tobacco Use Disorder – 10 % increase
- Major Depression – 43% increase
- Substance Use Disorder – 17% increase
- Alcohol Use Disorder – 5% increase
- Psychotic Disorders – 26% increase
This data was gathered before the COVID-19 pandemic. As you can imagine, rates of many of these behavioral health conditions are likely to increase even more due to this pandemic. In the report, 92% of millennials said that COVID-19 has had a negative impact on their mental health overall.
Also noted within the research are more statistics that show the frightening effects the pandemic has already had on millennials, “Because of the pandemic, almost 60% of millennials have canceled a health-related appointment or procedure. In addition, isolation, stress and economic insecurity attributed to the pandemic have had a major impact on millennials. Almost 10% have lost their job due to the pandemic, 25% have seen a reduction in their work hours, and 23% have had to access savings to pay for their day to day needs.”
Millennials With Behavioral Health Conditions Are More Likely to Have a Chronic Physical Condition
An extension of the issue described in the previous section is that millennials with behavioral health conditions are more likely to have a chronic physical condition. Specifically, millennials with behavioral health conditions are:
- 1.9 times more likely to experience hypertension
- 1.7 times more likely to develop high cholesterol
- 1.9 times more likely to have Crohn’s Disease/Ulcerative Colitis
- 2.1 times more likely to have Type II Diabetes
- 2.7 times more likely to have Coronary Artery Disease
Given that nearly one-third of millennials have behavioral health conditions (and rising), employers should anticipate an increased need to address the above physical conditions in the future.
Millennials seem to be aware of these trends as well. When surveyed, 54% of millennials perceive their mental health as good or excellent, compared to 64% of baby boomers. Further, 80% of millennials believe their mental health has an impact on their physical health, compared to 62% of baby boomers. This shows that many millennials are aware of the mental health issues facing their generation as well as the potential physical health issues that follow.
What Can Employers Do?
Many employers will feel discouraged after reading this post. Millennials will face behavioral and physical health challenges in the future, and employers like you want to do your best to help them.
One of the best strategies that is recommended by Launchways is to work with a trusted and experienced benefits broker. Consider the following ways a benefits broker can help you address the trends discussed in this article:
- Guide you as you negotiate with your health service providers to make sure adequate mental and behavioral health services are available for your employees.
- Perform an audit of the demographics of your workforce to determine more specifically how it will be affected by these millennial health trends.
- Implement strategies to incentivize employees to not skip their routine preventative medical services.
Key Takeaways
The topic of this article is very concerning, especially for employers with workforces that are Millennial-dominant.
Key takeaways from this article include:
- Rates of behavioral health conditions have been rising over the last five years.
- Individuals with behavioral health conditions are much more likely to experience chronic physical conditions.
- The COVID-19 pandemic has already had negative effects on the health of Millennials, and unfortunately there will almost certainly be more negative effects moving forward.
Employers should consider working with a trusted benefits broker, like Launchways, to implement strategies to care for the mental and physical health of their Millennial employees.
by Carolyn Kick | Oct 15, 2020 | Compliance, Human Resources
One of the many new challenges that employers are facing during the COVID-19 pandemic is conducting terminations. Traditionally, terminations happen in-person, in a private office with HR and any other relevant departments represented. Now that many employees are working remotely, however, this process has become very different for many employers.
Employers should have an effective process in place to conduct remote terminations. Doing so can help employers be better prepared for these challenging discussions, and it can reduce business risk significantly. In this post, we’ll provide useful guidance that employers can follow to conduct remote terminations including:
- Having a clear remote termination process in place
- Preparing for a remote termination
- Conducting a remote termination
Having a Clear Remote Termination Process in Place
If you haven’t yet established a remote termination process, now is the perfect time to do so. With an uncertain future about what the workplace will look like, most employers should assume that they will have to perform numerous remote terminations moving forward. By being prepared to repeat this process, it will become more comfortable and employers can mitigate the risks associated with terminations.
Employers should determine which virtual platform will be the standard for conducting remote terminations within their organization. Whether you choose to use Zoom, Microsoft Teams, WebEx, or any other platform, just be sure to familiarize yourself with the functionality and use it consistently. Also, be sure that it is a private meeting that requires a password to enter. Another hiccup you’ll want to avoid is having an unsuspecting employee accidentally enter the termination meeting and therefor violate the privacy of the person being terminated.
You must also determine whom should be present on that virtual call, and what topics will be discussed. Typically, it’s best-practice not to delve into detail around the cause of termination, and instead focus on equipment return protocols and severance (if applicable).
Ultimately, employers must determine what actions to take in preparation for the termination, during the meeting itself, and after letting the employee go.
Preparing for a Remote Termination
There are several things you’ll want to consider as you prepare for a remote termination:
First, make sure all relevant parties receive an invitation (most likely a digital link) to the meeting as early on as possible. As mentioned in the previous section, be sure that the meeting password is provided to only those that should be attending. Make sure you account for any time zone differences and necessary ADA accommodations.
Second, make sure you review your company’s policies before the meeting. Be prepared to cite any relevant policies to defend your decision to terminate the employee. You most likely have termination-specific policies written for your organization that you’ll also need to follow (such as an at-will employment policy). Make sure that anyone who will be participating in the termination meeting has reviewed the relevant policies as well.
The final thing you should consider before conducting a remote termination is proactively involving IT. In the past when an employee would be terminated from the office, it was much easier to revoke their access to sensitive software, networks, or data. However, when you don’t have access to the physical hardware that the employee uses, this process can be more difficult. Work proactively with your IT department so that you can quickly and adequately revoke the terminated employee’s access to any sensitive data.
Conducting a Remote Termination
Now let’s talk about the recommended steps you should take during the termination meeting:
- Introduce everyone who is present in the meeting and their role within the organization and the conversation (for example, the employee’s manager and an HR representative in observance).
- Inform the employee of the purpose of the meeting. Let them know they are being terminated. Depending on the circumstances and the advice of your legal counsel, you may or may not want to let them know the reasons why. Typically, it’s best not to provide in-depth details around the cause for termination. Either way, be prepared to cite specific company policies regarding the decision.
- Address benefits, severance, and vacation pay. Specifically, let the terminated employee know what will happen regarding their health insurance, 401(K), other retirement accounts, health savings accounts, flexible spending accounts, cobra eligibility, vacation payouts, and severance payouts.
- Ensure the employee is aware of any necessary follow up tasks. This might include returning company owned software or hardware, passing on proprietary information to team members, deactivating accounts, retrieving any of their personal property that may still be at the office, etc. It could also include passing on information about current projects to whoever will be taking them over. One strategy that could be considered is to send overnight, prepaid, self-addressed packages and mail for the employee to return equipment and documents and provide any required signatures. However, be mindful that these packages and documents do not arrive at the employee’s home before their termination.
Key Takeaways
Remote terminations are most likely the new reality for many employers. Establishing standard processes for conducting these terminations is crucial for mitigating the risks involved and making the process more comfortable and manageable for employers.
Here are some key takeaways that employers should consider before conducting their first remote termination:
- Establish a clear remote termination process that will be followed every time. This includes predetermining which virtual meeting platform will be used and ensuring that all relevant parties are invited to the meeting. They should also be provided with the meeting password. Your company will likely need to take other specific steps to establish remote termination processes depending on your specific policies (such as equipment return).
- Prepare for the termination meeting by studying up an all relevant policies, considering ADA accommodations, and proactively working with IT before the meeting.
- Follow key steps during the termination meeting, such as, 1) Introducing all who are present; 2) Informing the employee of the purpose of the meeting; 3) Address benefits, severance, and vacation pay; and 4) Ensuring the employee is aware of any necessary follow up tasks
by Carolyn Kick | Oct 15, 2020 | Compliance, COVID-19 Resources, Human Resources
As temperatures begin to drop with the arrival of the fall season, certain areas of the U.S. are beginning to see a rise in confirmed COVID-19 cases. With infection rates trending back upward, it’s important for employers to understand what their responsibilities are to the Occupational Safety and Health Administration (OSHA) in terms of reporting requirements specific to COVID-19 cases affecting their employees.
In addition to a published list of answers to COVID-19 frequently asked questions, OSHA has provided further clarity on when employers must report employee illness or fatality as a result of COVID-19.
In this post, we’ll cover:
- How to determine whether a COVID-19 infection is work-related
- When employers are required to report cases related to COVID-19
Determining Work-Related Illness
Under OSHA’s recordkeeping requirements, COVID-19 is considered a recordable illness that requires employers to keep records of their employees’ confirmed infections. Employers are only responsible for recording an employee infection if:
- The employee has tested positive for SARS-CoV-2, the virus that causes COVID-19
- The case is work-related, meaning that an infected individual was exposed to the virus in their work environment
- The case involves at least one of the following criteria: death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness
Given the highly infectious nature of the virus and its ubiquitous spread across the globe, determining the source of an employee’s infection can often be difficult. If an employee tests positive for COVID-19, employers are not expected to undertake extensive measures to determine the exact point of viral exposure. In most cases, it is enough for employers to ask their infected employee how they believe they contracted the virus by discussing their activities within and outside of work, along with a review of their employee’s work environment for potential SARS-CoV-2 exposure.
All available evidence pointing a viral contraction within the workplace should be taken into account. Such evidence could include a cluster of confirmed cases within a group of employees that frequently work closely together, a confirmed case after recent exposure to another infected employee or customer, or an employee’s frequent exposure to the general public. Cases are less likely to be work related if an infected employee has had recent close contact with an infected person that is not a coworker.
If, after reviewing the evidence and discussing the case with the employee, you have determined that viral exposure is likely to have originated outside of your work environment, it is not necessary to record the instance of infection. However, it is important to note that if an employer later learns more pertinent information concerning the case, that new information should be factored into the determination of whether a case was, indeed, work related.
Reporting Requirements
While employers must record all work-related infections, you are only required to report work-related COVID-19 illnesses that result in an employee’s in-patient hospitalization or fatality. Specifically, OSHA requires employers to report hospitalizations of employees who have been admitted for in-patient treatment within 24 hours of exposure to the COVID-19 virus in their workplace. The report itself must be submitted within the 24 hour window during which the employer learned of their employee’s hospitalization. Note that hospitalization for diagnostic testing or observation is not considered in-patient treatment.
Reports of employee fatalities as a result of work-related exposure must be submitted within 8 hours of the employer learning of the fatality. Any fatality that occurs within 30 days of a work-related exposure to COVID-19 must also be reported. Exceptions to this rule include fatalities that occur on commercial or public transportation, or as a result of a motor vehicle accident on a public road.
Key Takeaways
While determining the origin of an employee’s infection, hospitalization, or death as related to COVID-19 can be difficult, OSHA’s clarifications aim to provide employers with better guidelines. As we continue to wade through the onslaught of obstacles and challenges presented to Human Resources by COVID-19, keep the following in mind:
- Employers must record a COVID-19 case if the employee presents a positive COVID-19 test, experiences one of the criteria outlined in this post, and there is evidence to conclude that the infected employee was exposed within the workplace.
- Employers should take reasonable steps to gather evidence and discover whether an infected employee was exposed within the workplace. Such evidence could include multiple and closely occurring positive tests of employees or an employee’s frequent exposure to the general public.
- OSHA requires employers to report both in-patient hospitalizations for treatment of COVID-19, and fatalities that may have occurred as a result of exposure to the COVID-19 virus.
by Carolyn Kick | Oct 7, 2020 | Compliance, Human Resources
Managing civil political conversations in the workplace is always a challenge for employers and can often feel like navigating a minefield in an election year. Within an increasingly polarizing political environment, it can certainly be easy to let political discussion between employees quickly escalate into argument or conflict. While the presence of political discussion in the workplace is, and will continue to be a reality, there are several ways HR leaders can proactively encourage healthy and amicable political discussion.
In this post, we’ll cover:
- The presence and impact of political discussion within the workplace
- Proactively addressing the topic of political discussion with employees
- Finding solutions to conflict resulting from hostile political discussion
Balancing employee rights’ and wellbeing amidst political discussion
Local and national politics is a common and naturally occurring topic of discussion in almost every workplace. While these conversations aren’t inherently harmful, they can present opportunities for negative interaction between employees that can adversely affect employee relationships and productivity. A 2019 poll, led by Human Resource Management, found that one-third of all employees felt their organization was not inclusive to differing political perspectives. Additionally, a 2019 survey conducted by the American Psychological Association reports that 1 in every 4 employees feels negatively affected by political discussion in the workplace. This negative impact can lead to increased feelings of stress and decreased productivity and quality of work.
As an HR leader, it’s important to ensure a comfortable and inclusive working environment for all employees, regardless of political affiliation or personally held beliefs. Banning discussion topics like politics can be an infringement on employees’ constitutional rights, and this sort of micromanaging can contribute to negative workplace culture. Instead, employers can mitigate potential conflict by acknowledging the occurrence of political conversations and propose steps to foster civil discussion.
Proactive steps for respectful discussion
While the presence of political discussion in the workplace may present challenges to peaceable employee interactions and general productivity, there are several steps that employers can take to promote respectful conversations that provide a comfortable workplace environment for everyone.
Begin by proactively addressing your expectations for your employees when engaging in political conversation. Clarify that you understand these discussions will take place, but underscore your expectation that all discussion will be done with respect and civility in order to uphold your culture of inclusion and comradery. By making your expectations clear and reinforcing your commitment to a healthy work culture, your employees will understand your intentions to be in their collective benefit.
Leading by example at all times is imperative in order to maintain civil discussions around politics. When leaders show respect and deference to all employees regardless of their real or perceived political differences, they are encouraging this same behavior in their subordinates. Leading by example in this way also makes employees feel comfortable in sharing their opinions and ideas, even if their political ideology differs from that of their leader. Additionally, when leaders set a tone of respect and nonpartisanship, employees can expect that their personal views will not be an obstacle in their workplace advancement.
As political beliefs are often intricately entwined with personal beliefs and experiences, political conversations may be stressful for employees—even if that employee is not actively participating in the discussion. Make your employees aware of available resources, such as an employee assistance program (EAP) or any workplace wellness programs that your organization may offer.
Above all, it is crucial that leaders encourage a culture of respect between all their employees. While it is unrealistic that everyone on your team will agree on every topic, maintaining a respectful attitude in all employee interactions is certainly a reasonable expectation.
Resolving conflict as a result of political differences
While some more tense employee conflict may need to involve your HR team, most hostility stemming from political differences can be smoothed out by a conversation with a team leader. In resolving conflict, remember to emphasize respect for all opinions and focus on problematic employee behaviors, not beliefs. An employee’s specific beliefs and political opinions are not relevant, but their behavior in the workplace is. Clearly and neutrally outline what kinds of behaviors are appropriate and what is unwelcome in the workplace, without directly or indirectly instructing how an employee should feel about political issues.
If you find your workplace is increasingly running into politically charged altercations, consider holding training sessions with your team. Training sessions can demonstrate respect and increase trust, even when employees don’t see eye to eye. These sessions should focus on attuning employees to understand how their actions might negatively impact their colleagues without criticizing individuals or a specific political ideology. By displaying strategies for engaging in polite and civil political discussion, employees can find acceptable ways to navigate conversations they wish to participate in or avoid.
Key Takeaways
The discussion of politics is an inherent right every American may enjoy, and it is natural to find those discussions among employees in the workplace. While political discussion may present some obstacles to HR leaders, or serve as a cause for friction between coworkers, these challenges may be mitigated by focusing on the following takeaways:
- Understand that political discussion can be stressful for some employees, and that emphasizing a respectful environment for all will help to lessen stress and maintain or improve productivity
- HR managers and organizational leaders can take proactive steps to encourage respectful political conversations between employees by addressing their expectations for civil discussions up front, leading by example, and making resources available
- Conflict rooted in political disagreement may be resolved by outlining acceptable and unacceptable employee behaviors without criticizing an employee’s personal beliefs or political loyalties
If you’re interested in learning more actionable strategies on managing conversations about race, religion, and politics in the workplace, please register for our upcoming webinar:
The webinar will cover:
- Are employees of private employers protected by the First Amendment while at work?
- What is the Illinois – Anti-Retaliation Law and how does it impact your business?
- What anti-discrimination and anti-harassment concerns should employers have?
- How to structure effective workplace policies about political activity
- Best practices for managing potentially divisive political conversations in the workplace
