Kathie Lingle's Work-Life Blog

Part II: The Family and Medical Leave Act Report

July 6, 2007 - In my last entry, I summarized a few themes from the Department of Labor's recent report on the Family and Medical Leave Act (FMLA). Now I'm going to turn my attention to what jumps off the page to me by way of implications. When you've had a chance to scan the report, I'd very much like to hear some of your own opinions, for there is a lot here to consider.

• Don’t wait for the DOL to get prescriptive or provide further guidance right now. Maybe the new administration that will take power in 2008 will provide a better mark, if that is your bent. But don’t hold your breath. Whoever they are, they’re going to have their hands full with lots of other cogent priorities.

• So… deal effectively and humanely with the administration of intermittent leave and the definition of “serious” medical situations sooner rather than later and stop complaining that the Act doesn’t provide sufficient guidance. Making tough judgment calls is what leadership is all about. There are cases described in this report of leaders making reasonable exceptions and interpretations of the Act for the ultimate good of their organizations without getting sued, including (gasp!) the occasional inclusion of an employee under FMLA  who hadn’t worked an entire 12 months, but whose financial and/or physical survival obviously depended on the generosity of their employer, since there is no other recourse in this society. I know for a fact this was the case from time to time at a previous employer of my own, with nothing but positive impact as a consequence.   

• HR needs to stay focused on workplace effectiveness and resist getting swept up in the mania for compliance to the letter of the law.  This means leading the way to workable solutions by offering the plethora of tools available today for managing the unexpected, such as teamwork, cross-training, and flexible work options, so that employees can step in for one another and work can be done from anywhere, anytime at a moment’s notice.  Fortunately, this is simply good 21st century global workforce management, supported by technology that keeps us connected 24/7, so the force is with us. This proactive stance has the additional benefit of making HR look smart, accountable and prepared.

• Absorb the lessons provided in this material about what behavior constitutes best practice, and how “employers of choice” are handling things, in contrast to the other kind. Listen for the organizational benefits that accrue to those workplaces that are obviously working hard to get the balance right in the exchange relationship between the employer and employees. 

The FMLA is certainly not perfect, nor can it answer all the questions it raises, and, like all legislation, it creates some unintended consequences. But overall, it is working as intended, and, frankly, it is all we have in the United States by way of protection for only about half of our workforce to get some time off at their own expense to handle some major life events for themselves and their families.

The opinions expressed are solely those of the author and do not necessarily represent those of WorldatWork and its affiliate, Alliance for Work-Life Progress (AWLP).