Balancing business and family can be tough — meet with the attorney, meet with the teacher. Catch the last half of your son’s soccer game before heading out of town. Even when things are running smoothly at home and in the office, life can get frantic. Now alter the equation by adding a critically ill child, a parent suffering from Alzheimer’s disease, or a disabling diagnosis for yourself.
Working under these conditions can be impossible. Yet thousands of American workers tried to do it for years, often losing their jobs at times when they could least afford to.

Until 1993, the United States had no real laws governing family and medical leave. That changed when Congress passed the Family Medical Leave Act, or FMLA. Today, employers must provide qualifying employees with twelve weeks of unpaid leave a year for family medical emergencies.

FMLA was created, in part, to help companies compete, according to a report by the U. S. Department of Labor. A changing global economy, along with increasing competition and rapidly changing technology put increased demands on businesses.

At the same time, more women were entering the work force, but these same women often were the primary caregivers at home. Congress recognized this trend and its subsequent need for work regulations that helped employees meet competing demands from work and home, without sacrificing business interests.

How it works
Under FMLA, companies with 50 or more employees are required to provide an employee with twelve weeks of unpaid leave for any of the following reasons:

  • Birth and care of a newborn child
  • Adoption or foster care of a child
  • Caring for an immediate family member (spouse, child, or parent) with a serious health condition
  • A serious health condition that leaves the employee unable to work.

An employee must have worked for a total of twelve months prior to taking leave to qualify. During that time, the employee also must have worked at least 1,250 hours.

The law applies to businesses operating in the United States (or in its possessions or territories) with at least 50 employees within a 75-mile radius.

The Department of Labor reports about two-thirds of America’s workers are employed by companies covered by the FMLA. Of those employees, more than half meet the law’s length-of-service and hours eligibility requirements.

Sticking points
For many employers, granting unpaid leave isn’t much of a burden. The problem often is restoring the employee to work. FMLA requires employers to return workers to their original jobs, or to an equivalent job, with equivalent benefits and pay.

Just more than 45 percent of the FMLA complaints investigated deal with employers who refuse to reinstate workers, according to a spokesperson for the Department of Labor.

There are certain circumstances where employers can legally refuse to reinstate an employee. In order to do so, the employer must designate the worker as a “key” employee – one who is among the highest paid 10 percent of the company work force.

Employers also must notify these employees of their key designation as soon as the workers announce their intention to take leave.

Another sticking point: Companies must continue to carry the employee’s health insurance, if the employee was insured before taking leave. Workers can be required to pay their portion of the monthly premium while they are on leave.

How contract cleaners manage
“It’s not easy,” says Sodexho’s Leslie Aun, vice-president of corporate communications. “But we feel the benefits outweigh the disadvantages. If an employee is worried about their family, their parents or their child, that’s not a productive employee.”

Based in Gathersburg, Md., Sodexho employs more than 100,000 people throughout North America.

In St. Louis, Mitch Murch’s Maintenance Management (MMMM) has had front-line cleaning workers, as well as managers, take advantage of the FMLA.

“It’s harder to make it work when it’s a supervisor,” says Tim Moore, vice president of operations.

Both Aun and Moore say most of the employees taking leave are women.

“I think that’s primarily because women tend to be the caretakers of children,” Aun says.

Sodexho starts the family leave process with the site managers.

“An employee informs a manager they will need to utilize the leave,” says Aun. "The manager can then make the determination whether to bring in temporary help or have colleagues fill the gap.”

Moore says his company uses temporary employees when the leave taker is part of the office staff. To handle large account cleaning needs, MMMM taps into what it calls “sub workers.” There usually are a few on- site to make up for general absenteeism, and can step in for someone taking an extended leave. Property managers often feel more comfortable with someone filling in who already has been working in the building every day, adds Moore.

MMMM also allows employees to supplement their unpaid leave with paid sick leave or vacation days they may have accrued.

The cost of compliance
Aun admits the business community was worried when Congress first considered making the FMLA law. Employers worried the cost of compliance would outweigh any benefits.

Yet, roughly 90 percent of the businesses surveyed since the law was passed report no costs or small costs when it comes to administering the act, continuing health care coverage, or hiring and training replacement workers, according to DOL reports. The agency says larger companies are more likely to have higher costs, but that simply is because they have higher numbers of leave takers.

On the other hand, it can be tempting for companies to think the unpaid leave will save them money, but that actually may not be the case, says Moore. Some employees may have to work overtime to compensate for someone else on leave.

“You may save money because you don’t have to pay that wage, but you’re doubling up the work load on other people,” he says. Moore also cautions contractors to watch for changes in morale and to address any such problems immediately to avoid any rifts or productivity losses

As with almost any government regulation, there is an accompanying avalanche of paperwork. Employees who want to take advantage of the act must require a 30 day advance notice to their employers when the need is foreseeable. Employers may require workers to provide medical certification and periodic recertification, as well as periodic reports during the leave regarding the employee’s status and plans to return to work.

“You have to stay in contact with the employee,” says Moore. “There’s a lot of information that you have to exchange. It’s not like they’re just gone for twelve weeks.”

Yet, while FMLA can require time, money and cooperation, the alternative often is much more costly for contractors. Employers who violate the law can be held liable for any wages, salary or employment benefits denied or lost to an eligible employee.

Getting help
Because the law can be confusing, there are many resources available to help BSCs sort through the red tape.

“The department has been very active in educating employers,” says a DOL spokesperson. “Within the last few years they’ve created an interactive system to advise employees and employers.”

The department also offers a toll-free information line. By calling 866-487-9243, employers can get the phone number for the regional labor office closest to them. Regional offices often can provide assistance over the phone, as well as handling requests for publications dealing with the FMLA.

Despite the headaches, Moore and Aun feel FMLA has brought their companies benefits.

“The leave policy has helped us keep good people,” Moore says. “We try to do as much as we can for employees because the rates of pay are lower in this industry.”

Aun agrees. “As an employer who cares about people and wants them to feel loyalty to the company, it’s imperative to recognize FMLA.”

Jennifer Jones is a business writer in Salt Lake City.




POSTED ON: 10/1/2001