FMLA: KNOW WHAT YOU’RE APPROVING

A recent FMLA case from the Court of Appeals for the Sixth-Circuit, Sorrell v. Rinker Materials Corp (Sixth Circuit case # 03-4359 dec. 01/14/05V) illustrates the importance of handling FMLA eligibility determinations properly. In this case, an employee (Rinker) on the verge of retirement requested FMLA Leave to take care of his wife, who was suffering from an eye disorder. Rinker filled out the necessary forms, including a medical certification, in which his wife mistakenly requested the leave.

When he attempted to return to work, he was told that the company was in a hiring freeze and unable to give him his job back. Two weeks later, the company offered Rinker a different job that required more travel. He objected to this arrangement and sued the company under FMLA for failure to reinstate him in his former position.

During the lawsuit, the evidence showed that the employee’s wife might not have had a serious health condition and that he did not care for her within the meaning of the Act. However, the court held that by offering Rinker the FMLA leave, the company could be prevented from challenging the leave at a later date. It also ruled that an employer has a duty to inform an employee when it considers the medical certification provided in support of FMLA leave incomplete. The bottom line: Spend the necessary time on the front end to consider all the facts surrounding leave requests. If matters are unclear, insist on further medical information and facts before you agree to the leave.

SUGGESTIONS FOR SUGGESTION SYSTEMS

That box on the wall with a suggestion sign above it often has more dust on it than suggestions in it. The reason: Employees tend to be more concerned about retributions than contributions.

To bypass this roadblock, require workers to come up with at least one suggestion per month as part of their job description. Begin by having them offer ideas that will improve the way they do their jobs. As employees become more comfortable with the system, they can start focusing on other areas.

Once they’re making suggestions, concentrate on their efforts, not the results they produce. As soon as workers realize that it’s safe to offer suggestions, the quality of their input should improve. Business owner Marty Edelstein took the advice of management guru Peter Drucker and introduced a mandatory suggestion system that made an incredible difference for his company. Edelstein held fun and enlightening “I Power” sessions that offered employees $1 for any suggestion and $2 for good ones. For more information on I Power, and other inexpensive tools for adapting the system to your business, visit http://www.i-power.com/.

Never underestimate the power of an effective suggestion system. Today’s organization must be proactive to survive, let alone thrive. Management doesn’t have a monopoly on insight. For example, when a new worker in a factory saw a work area for robots lit up, he asked why the machines needed light to operate. The answer was that they didn’t —and his suggestion saved the company thousand of dollars. There’s no way to know the source of your most successful suggestions until you ask.

BEWARE WORK-BASED EMOTIONAL TRAPS!

Career coaches and psychiatrists tell us that their clients suffer from a familiar set of traps when it comes to progressing in their careers.

• The Job Misfit Trap. This often occurs when an employee takes the first available job. Any relationship begun out of desperation is doomed to fail. The question shouldn’t be “can the employee work at this job?” but “should they work at this job?”
• The Career Plateau Trap. We all want to keep moving forward on the job. When we fail to progress, we find ourselves in a deep rut. This frustration concerns employers because it’s one of the main causes of job turnover. To what degree have you and your employees charted a career path that empowers rather than stifles?
• The Victimization Trap. Chances are that every employee and manager has felt victimized in the workplace at one time or another. In these situations, it’s natural to think that we have no control over our environment and that our only choice is to blame others. We’d rather identify with Dilbert than do anything to change the circumstances. Managers need to recognize this trap and encourage employees to “own” their success by instilling a sense of personal responsibility through education and leadership.
• The Financial Mismanagement Trap. This complaint is another sign of individual irresponsibility that all too often spills over into the workplace. Once again, the answer is education and leadership. Have financial planners visit your workforce for lunch meetings to teach the basics of money management. Purchase the Accounting Game or Robert Kiyosaki’s Rich Dad Poor Dad board game so that employees can learn how to do more with less.
• The Fatigue Trap. If you feel worn out on the job, when’s the last time you did anything to invigorate or inspire yourself? What about your dietary and exercise habits? Stress creates burnout and burnout leads to personal and business failure. As employers, we have to realize the dangers of workaholism for ourselves and for our employees.

“A problem is a chance for you to do your best.”

Duke Ellington, 1899-1974
Composer, pianist, and bandleader

This issue discusses:

THE COST OF FMLA

WHAT’S THE FINANCIAL IQ OF YOUR WORKFORCE?

One of the reasons why workers are so concerned about money is because so many of them are doing a poor job of managing what they already make! Credit card debt and bankruptcy filings are at an all-time high. Although recent changes in the bankruptcy laws might curtail the latter, this doesn’t serve to make the working population any smarter.

What’s the utilization rate of your 401(k)? How many employees pay themselves at least 10% first? There’s a crying need for financial education that presents a great opportunity for your benefits broker, CPA, or financial advisor. At a minimum, your workers should learn about: Budgeting, tax benefits of IRAs, 401ks, HSAs, and similar savings vehicles, the importance of paying oneself first, the power of compound interest, and the basics of retirement planning.

Remember, a fair day’s wage is never enough for someone in debt!

FORM OF THE MONTH:

Personal Cell Phone Use

(PDF ) ( WORD) (RTF)

Use this policy to prevent the abuse of cell phone use.

The information presented here is general in nature and does not constitute legal advice. Due to local and state laws and ordinances, an individual article might not apply in every jurisdiction.