The Essential Role of Education in Compliance
By Terri L. Rhodes, CCMP, CLMS, CPDM, MBA, CEO, DMEC
Integrated absence management (IAM) is complex and complicated. The last two years have shown our resilience as well as our commitment to improving processes and procedures that support employees and protect employers. And data show that while we continue to make strides, there is room for improvement when it comes to compliance.
While statistics from the Department of Labor (DOL) show improvements from previous years, it is clear we haven’t yet mastered compliance especially when it comes to granting Family and Medical Leave Act (FMLA) leave and when it comes to discrimination.1 The data illustrates a need for ongoing training, effective communication, and an evaluation of staff knowledge, skills, and comfort level with the difficult aspects of IAM. Because, as authors in this issue note, all of these things influence compliance.
And while we have had a break from DOL audits, the department’s Wage and Hour Division announced a Warehouse and Logistics Worker initiative on Feb. 8 to “increase compliance and reduce industry violations.”2 The initiative specifies a focus on certain industries, but that doesn’t mean you shouldn’t worry if your organization doesn’t fall into one of those categories.
Employee Support
While no one thinks this is a “set it and forget it” industry, the cliché “you don’t know what you don’t know” should be our mantra. The best-case scenario is that education and training reinforce knowledge and build confidence; we all know that lack of knowledge or awareness is not an acceptable response once a complaint is filed.
And regardless of tenure, we can all learn something new. Most recently the “Next Level Leave Administration: FMLA Guidance for 2022 and Beyond”3 webinar provided valuable insight into how to calculate FMLA leave when a holiday falls during a covered work week. The rule, which was last updated in 2008, has been a source of confusion for most professionals at all levels.
The webinar included scenarios that illustrated how the formula works for calculating FMLA usage when holidays occur during a week of intermittent or continuous leave, which is influenced by when a leave starts and an employee’s regular work hours.
Your commitment to continuous quality improvement is demonstrated in the high demand for education — from our webinars to the Certified Leave Management Specialist course and our new microcredential courses, which fill industry needs. Our first two microcredential courses, which offer targeted, bite-sized education, focus on the ADA Accommodation Process and the FMLA Medical Certification Process. A third course on California State Leave Laws will be released in April, and DMEC is working on more than 20 others.
Gaining a Competitive Edge
Education also demonstrates an employer’s investment in staff professional growth, which resonates with people who have more options for where and when they work.
This is reflected in data, which show the average spent on learning and development grew steadily from 2008-2019 with U.S. employers investing an average of $1,308 per worker on learning and development and increasing time allocated for it.4
Helping employees build their skill sets can influence retention. We know it’s costly to replace any employee but losing talented IAM professionals, who build effective relationships with staff, can have ripple effects with people out on leave.
Heather Abbott, keynote speaker for the 10th annual DMEC FMLA/ADA Employer Compliance Conference (Mar. 21-24 in Los Angeles) has firsthand experience with the effect IAM professionals can have on an employee’s return-to-work process. A human resources professional who sustained injuries from the Boston Marathon bombing, Heather emphasizes the value of empathy and personal connection in this Q&A with DMEC staff.5
She talks about the value of personal connections, and of paying it forward, two foundational components of DMEC since its inception 30 years ago. As we celebrate our milestone anniversary, we continue to develop new ways to support you. For example, DMEC will soon release the 11th annual Employer Leave Management Survey white paper, an extended benchmarking survey, and a podcast that highlights the people behind IAM processes.
Compliance is a key component of IAM, an industry that continues to evolve. Help us celebrate the 30th anniversary by sharing anecdotes and perspectives using the hashtag #DMEC30Years on social media and in DMECommunities.
References
- Department of Labor. Wage and Hour Division. Family and Medical Leave Act. Retrieved from https://www.dol.gov/agencies/whd/data/charts/fmla
- Department of Labor. U.S. Department of Labor Announces Worker Initiative to Safeguard Rights, Ensure Protections for Workers in Warehouse, Logistics Industries. Feb. 8, 2022. Retrieved from https://www.dol.gov/newsroom/releases/whd/whd20220208-1
- Webinar Recording: Next Level Leave Administration — FMLA Guidance for 2022 and Beyond. Feb. 10, 2022. Retrieved from https://dmec.org/2022/02/10/webinar-recording-next-level-leave-administration-fmla-guidance-for-2022-and-beyond/
- Average Spend on Workplace Training per Employee Worldwide from 2008 to 2019. Jan. 11, 2022. Retrieved from https://www.statista.com/statistics/738519/workplace-training-spending-per-employee/
- Q&A With Keynote Speaker Heather Abbott. Feb. 24, 2022. Retrieved from http://dmec.org/2022/02/24/qa-with-keynote-speaker-heather-abbott/