Absence Matters: Compliance Programs

DMEC Staff@Work

Do Your Compliance Programs Measure Up?

Compliance ProgramsBy Bryon Bass

SVP, Disability and Absence Practice & Compliance
Sedgwick

For compliance purposes, employers need to be aware of the enforcement agenda of the Equal Employment Opportunity Commission (EEOC) and the Department of Labor (DOL).

Recently, the EEOC issued a Strategic Enforcement Plan (SEP) for Fiscal Years 2017-2021.1 For compliance with the Americans with Disabilities Act (ADA), the EEOC’s SEP narrows its focus to issues related to qualification standards and inflexible leave policies that discriminate against individuals with disabilities. Accommodating pregnancy-related limitations under the ADA and the Pregnancy Discrimination Act (PDA) is an additional area of focus.

The DOL has focused more of its resources on enforcing compliance with the Family and Medical Leave Act (FMLA) through employer audits. In the past, audits were typically triggered by an employee complaint or employer violation trends. Recently, the DOL has initiated compliance reviews without a triggering event.

Many believe budgetary constraints under the Trump administration may alter the way the EEOC and DOL approach enforcement activities. However, that should not deter employers from ensuring their programs can withstand a formal review by either agency.

How can you be prepared?

Full content is available to DMEC members only. Please log in to view the complete resource.

If you are not a DMEC member, we encourage you to join. DMEC members have access to white papers, case studies, @Work magazine articles, free webinars, legislative updates, and much more. These resources will assist you in building an effective and compliant integrated absence management program, saving you time, resources, and money. Learn more.

If you are being asked to log in more than once, please refresh your browser.