A more proactive approach to leave processes

• Key insight: Learn why proactive leave criteria should replace ad-hoc approvals in leave management.
• Expert quote: “Stop chasing all permissions; set clear and consistent criteria,” advises Rachel Shaw.
• Support data: Leave increased by 30%; mental health leave increased by 300% (2019-2024).
  Source: AI generated bullets with editorial review

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As more and more employees take leave, proactive planning can be done streamlining the process for managers and HR departments, adapting employees and protecting the company.

Employees are using leave policies more than ever, and for a variety of health reasons: leave will increase by 30% between 2019 and 2024 and mental health leave It increased by 300% in that time period, according to data from mental health and absence management company ComPsych. Other challenges that affect the ability to work include: chronic physical conditionscancer diagnoses and care responsibilities are also increasing.

Along with the continued push to return to the office, the use of protected leave such as the Family Medical Leave Act (FMLA) and requests for work accommodations will continue to grow, said Rachel Shaw, a veteran leader in the FMLA and Americans with Disabilities Act (ADA) space, author and president of Shaw HR Consulting.

“As people are moving back to the physical workplace and losing some of that flexibility, we’re seeing layoffs explode. It’s expensive, it affects your customer experience and it affects your employee experience,” he said.

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A mix of criteria and culture

Shaw’s main advice is to “let go of everything.” A reactive approach to leave management creates disparity and opens companies up to liability, he said. Instead, HR and benefits managers should establish criteria based on what is necessary and reasonable, creating a consistent process for scheduling short-term and long-term leave. This takes the guesswork out of HR, establishes structure for managers and ensures that employees aren’t treated differently when layoffs occur, Shaw added.

“We encourage language professionals to take ownership of their power and, with the permission of their leadership, create some strategies,” he said. “For example, you know you don’t fire someone when they have FML. That’s easy, right? But even for people who are not eligible for FML or who have exhausted it, there is a level of license that all organizations know about. If there is medical documentation, and unless they think there is fraud, you know you’re being accepted. An interactive process, it seems to call out to the employee. Only one activity happens because any other activity is a waste of time. It creates frustration, fear, and it’s never good for an organization.”

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According to the criteria, if the permit application is not approved, a full interactive process would have to be carried out, explained Shaw. But in a case where an employee needs more time to recover from reconstructive surgery, Shaw shared as an example, something HR might say is an automatic yes, “that’s our culture, but it’s also our programming — it’s the criteria we’ve created.”

Shaw notes that some companies will be more comfortable with the individual termination process than others, but the impact of the employee first policy has a positive impact. “If the average life cycle of my job is 20 years, I have to understand that if someone doesn’t use regular leave, I’ve turned my culture behind you,” Shaw said.

“Employers have to be very honest about the kind of relationship they’re trying to cultivate with employees, and if you’re not concerned about the longevity of your employees, you’re going to have a much lower standard … but you’re going to be fair,” he said. “But if you’re an employer with a reputation in the industry for taking care of your employees and being focused on culture, you better have criteria that say … we’re here, and if you need a little extra time, we’ve got you because we want you back. Employers need to set their criteria based on the culture they’re trying to grow or if they’re projecting into the universe on different projects.”

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HR and benefits leaders can partner with experts to help navigate the evolving leave space and implement what’s right for their organization, Shaw said. Leave, done right, can increase the retention, loyalty and satisfaction of the entire workforce. A disconnected or unfair approach, on the other hand, can be destructive, he added.

“What I always tell clients is, you get the employees you deserve. When you bring an employee into the interactive process and make them feel like you’re going to say no to their termination, but you end up saying yes, or you make them feel like we would say yes, but it’s a burden, that relationship is (changed) forever,” he said. “(But if HR) meets (with an employee) and says, ‘First of all, I want you to know we got you. I can’t imagine how difficult this has been for you”… Imagine that conversation and how (that employee) is going to feel.