Untangling the ADA, FMLA, WC Web: Overcoming the Disability Mindset

Tasha Patterson@Work

Best Practice #2: Addressing and Overcoming the Disability Mindset

Disability MindsetBy Matthew Bahl, JD

Director Health & Productivity Analytics
Prudential Group Insurance

Kristin Tugman, PhD

VP Health & Productivity Analytics
Prudential Group Insurance

An employee who has a disabling injury or illness may also experience a psychological event: the disability mindset. On day one of an acquired disability, we begin the race to prevent the disability mindset,1 a process by which people adjust to their disability status and become invested in it. A disability mindset makes return to work (RTW) less likely.1 Statistics from the U.S. Department of Labor indicate that when someone has been off work for six months, the likelihood of RTW decreases by 50%.2 More recent research suggests that the likelihood of RTW might decrease much faster and more drastically. Brigham suggests that the likelihood of RTW decreases to 70% at day 20, goes down to 50% by day 45, and hits a low 35% likelihood by day 70.3

Compounding the challenges of RTW likelihood and general management of mental health are common compliance concerns surrounding an employer’s ability to address psychological events. All this can lead to “analysis paralysis” in which employers don’t know how to help their workforce.

However, employers can apply several health and productivity best practices to help employees avoid the disability mindset and safely return to work in a timely manner. These best practices can also help employers better manage their compliance risk from an Americans with Disabilities Act (ADA) and Family Medical Leave Act (FMLA) perspective.

Communication

Employees need to feel connected to the workplace and to know their employer and co-workers care about them. Losing that connection leads to the disability mindset. During the leave, employers should always reach out to the employee and express concern and support.4 However, many employers go completely silent when an employee is out on an FMLA leave for fear that discussions with the employee will result in FMLA interference liability. The FMLA does not completely ban communication with employees who are out of work. Organizations can develop manager tools and checklists to identify the “dos and don’ts” of communicating with employees on leaves, so managers can express how they care about their workforce while also managing compliance concerns. As the leave nears an end, employees often feel anxious about RTW. Research suggests that if employees understand how their day will look upon their return, they are more comfortable returning.

Flexible Work Arrangements

Incrementally transitioning over a defined period of time leads to success and loyalty toward the employer.4 Having a formal transitional RTW program can also help employers better manage their ADA obligations. The interactive process requires employers to engage in a discussion with employees with disabilities to find reasonable accommodations. Having a well-defined RTW program can give managers and organizations one accommodation pathway, among others.

Job Satisfaction

RTW motivation involves more than finances.4 Employees often begin the RTW process due to financial concerns but the desire for satisfaction from meaningful work and connection to the workplace drive long-term success.4 Employers can enhance satisfaction by ensuring employees understand their role in accomplishing the organization’s vision, and by providing a clear and defined pathway to return to work.

References

  1. K Swanson-Tugman. The Lived Experience of Being Out of Work on Short Term Disability: A Phenomenological Study. Capella University, ProQuest, UMI Dissertation Publishing. 2013.
  2. HA Bose. Returning Injured Employees to Work. Professional Safety, 53(6), 63-68. 2008.
  3. C Brigham. Living Abled and Healthy. Healthy Living Publishing, LLC. Kuala, Hawaii. 2015.
  4. K Tugman. Prudential Group Insurance internal study. Psychology of Return to Work. 2017.