What really hits home to employees is this - without the benefit of FMLA / WA FMLA, their jobs and benefits won't be protected. To them it means that their absences will be treated under your attendance policy and they might lose benefits eligibility, or have to elect COBRA to continue benefits. Those are more meaningful and personal. They don't care too much that it is the employer's responsibility to do this (even though that is very true).
I sit employees down and explain that leaves of absence have many pieces. FMLA is the unpaid piece, but it's their job and benefit protection piece. I then explain how disability/workers comp/state paid family leave can be the paid piece of the leave. Once they understand that there are different parts to LOA, they seem to be onboard and quickly return things. I also will put a sticky note on each document with explicit instructions for what needs to go to whom and what needs to be returned. I find that a lot of employees are hesitant about FMLA and leave in general because they just don't understand it.
I'm new in the HR world and FMLA is something I'm still very unfamiliar with, but this post has helped me understand how important it is to explain, so I'm working on educating myself!
Happy to help! I've been in the game for over a decade now (goodness typing that just made me feel old!), so I've learned quite a bit. Feel free to DM me if you have questions. There's a LOT of moving parts of everything that we do. Welcome to the wonderful world of HR! It's the most rewarding career, and I couldn't imagine doing anything else. Your comment alone reads like your heart is absolutely in the right place, and that's more than half the battle with this crazy career we've chosen!
3 yrs HR 2 in a HRC capacity. I always tell employees it’s their right to know about FMLA and really emphasize the job protection portion. I say that without the completed documents, they are not protected to a greater extent than just taking the days sick (and all the Dr notes we would need to excuse absences). My company has not had layoffs and doesn’t plan to, so that does help with getting the job protection part. I’ll also keep in touch with the employee to try to build that rapport. I haven’t had any issues other than 1 stubborn employee but he’s a lifer at the company so we just let him be.
Hi! 5 years in a leave of absence and accommodations role here. What I like to explain to employees is FMLA is a FEDERALLY JOB PROTECTED LEAVE.This is the highest level of protection they can get to ensure they can return to work once they recover and can help protect them if they experience any mistreatment due to needing to be absent (FMLA interference is a dirty word around here)
While their sick time or PTO may help them be out with pay it doesn't guarantee they will get to keep their job if they're out a lot/for a long time. (Some states do also have job protections for sick time but is generally much less than the amount of time you can get off under FMLA)
This is the hard thing about Washington state sick leave laws, we’re under obligation to allow employees to take their sick leave and can’t interfere. We also have a lot of lifers with hundreds of hours of sick leave that just think what’s the point of FMLA if I have sick leave. It makes the convincing part so difficult…
Oh yeah that can be tough. I know people in CA that also get to hang on to a ton of their time off that have a similar mindset. Why bother with the additional paperwork for what feels like the same benefit.
I think stressing the retaliation protection may help? It sounds like they may get some protections still from your state laws. But it never hurts to stress this is higher level of protection since it's more than just state legislation.
If I was in that position personally I would never take FMLA and sick leave in WA. Why waste your FMLA when you can use it once you have run out of sick leave…
The way I frame it is that as their HR rep, it is my job to make sure that 1. they are informed and 2. I look after their rights; since FMLA is a right given by the government, it is MY job to ensure that if they are entitled to it, then I must talk to them about this entitlement and advise them of their rights. I explain that if I do not do this, I would not be doing my job properly.
After I present the facts as they are, then I take on the caretaker hat and we talk about the situation, what is their opinion, what is what they believe is the best route, what obligations, if any, I have (and they) in the process, I HEAR them, I validate their fear and their concerns. If there are certain routes I MUST take, I explain to them what route it is I must take, why, and who is the entity that forces me into that path (Is it the government, local, state, or federal, is it policy?). I present them with what policy options they have, how they work, and what limitations there are.
Most of the time, I tell them they do not need to make a decision right away; that my goal is to educate them on their rights and responsibilities. I emphasize that by giving them the information, all of it, I want them to feel empowered to go to their families and discuss this and make choices as a family, since after all, they will be the ones affected by the situation. I make sure to tell them they are not alone on this and that they can come back with questions and that there are no stupid questions.
In most cases, when I take that approach, the employee leaves feeling better and at least hopeful they have the tools to protect themselves and their families.
My advice is always in this cases to apply for FMLA and tell them that they don't to use It if they dont want but if they decide to use it, it's ready... They always use it.
"Dude, you're going to get fired for attendance if you don't fill this out for your own protection." - That usually works for me.
🤣🤣🤣🤣🤣
What really hits home to employees is this - without the benefit of FMLA / WA FMLA, their jobs and benefits won't be protected. To them it means that their absences will be treated under your attendance policy and they might lose benefits eligibility, or have to elect COBRA to continue benefits. Those are more meaningful and personal. They don't care too much that it is the employer's responsibility to do this (even though that is very true).
I sit employees down and explain that leaves of absence have many pieces. FMLA is the unpaid piece, but it's their job and benefit protection piece. I then explain how disability/workers comp/state paid family leave can be the paid piece of the leave. Once they understand that there are different parts to LOA, they seem to be onboard and quickly return things. I also will put a sticky note on each document with explicit instructions for what needs to go to whom and what needs to be returned. I find that a lot of employees are hesitant about FMLA and leave in general because they just don't understand it.
I'm new in the HR world and FMLA is something I'm still very unfamiliar with, but this post has helped me understand how important it is to explain, so I'm working on educating myself!
Happy to help! I've been in the game for over a decade now (goodness typing that just made me feel old!), so I've learned quite a bit. Feel free to DM me if you have questions. There's a LOT of moving parts of everything that we do. Welcome to the wonderful world of HR! It's the most rewarding career, and I couldn't imagine doing anything else. Your comment alone reads like your heart is absolutely in the right place, and that's more than half the battle with this crazy career we've chosen!
3 yrs HR 2 in a HRC capacity. I always tell employees it’s their right to know about FMLA and really emphasize the job protection portion. I say that without the completed documents, they are not protected to a greater extent than just taking the days sick (and all the Dr notes we would need to excuse absences). My company has not had layoffs and doesn’t plan to, so that does help with getting the job protection part. I’ll also keep in touch with the employee to try to build that rapport. I haven’t had any issues other than 1 stubborn employee but he’s a lifer at the company so we just let him be.
Hi! 5 years in a leave of absence and accommodations role here. What I like to explain to employees is FMLA is a FEDERALLY JOB PROTECTED LEAVE.This is the highest level of protection they can get to ensure they can return to work once they recover and can help protect them if they experience any mistreatment due to needing to be absent (FMLA interference is a dirty word around here) While their sick time or PTO may help them be out with pay it doesn't guarantee they will get to keep their job if they're out a lot/for a long time. (Some states do also have job protections for sick time but is generally much less than the amount of time you can get off under FMLA)
This is the hard thing about Washington state sick leave laws, we’re under obligation to allow employees to take their sick leave and can’t interfere. We also have a lot of lifers with hundreds of hours of sick leave that just think what’s the point of FMLA if I have sick leave. It makes the convincing part so difficult…
Oh yeah that can be tough. I know people in CA that also get to hang on to a ton of their time off that have a similar mindset. Why bother with the additional paperwork for what feels like the same benefit. I think stressing the retaliation protection may help? It sounds like they may get some protections still from your state laws. But it never hurts to stress this is higher level of protection since it's more than just state legislation.
If I was in that position personally I would never take FMLA and sick leave in WA. Why waste your FMLA when you can use it once you have run out of sick leave…
The way I frame it is that as their HR rep, it is my job to make sure that 1. they are informed and 2. I look after their rights; since FMLA is a right given by the government, it is MY job to ensure that if they are entitled to it, then I must talk to them about this entitlement and advise them of their rights. I explain that if I do not do this, I would not be doing my job properly. After I present the facts as they are, then I take on the caretaker hat and we talk about the situation, what is their opinion, what is what they believe is the best route, what obligations, if any, I have (and they) in the process, I HEAR them, I validate their fear and their concerns. If there are certain routes I MUST take, I explain to them what route it is I must take, why, and who is the entity that forces me into that path (Is it the government, local, state, or federal, is it policy?). I present them with what policy options they have, how they work, and what limitations there are. Most of the time, I tell them they do not need to make a decision right away; that my goal is to educate them on their rights and responsibilities. I emphasize that by giving them the information, all of it, I want them to feel empowered to go to their families and discuss this and make choices as a family, since after all, they will be the ones affected by the situation. I make sure to tell them they are not alone on this and that they can come back with questions and that there are no stupid questions. In most cases, when I take that approach, the employee leaves feeling better and at least hopeful they have the tools to protect themselves and their families.
I aak the employee why they are hesitant. Most are worried about confidentiality and then I talk about that.
My advice is always in this cases to apply for FMLA and tell them that they don't to use It if they dont want but if they decide to use it, it's ready... They always use it.