The Complexity of Leave Administration has Evolved
As more states continue to enact legislation, multiple stacking leaves have become a common administrative burden. HCM Unlocked provides a comprehensive Leave of Absence offering to handle the ever-changing state compliance, the ADA interactive process, and high touch concierge for your employees. This service is technology enabled via Leave Administration software for capturing all of the data behind your employee’s eligibility, documentation, and entitlement.
The Risk of Non-Compliance
Violation
- FMLA Violation
- ADA / ADAAA: Failure to Accommodate
- PWFA: Pregnancy Accommodation
- USERRA: Military Leave Discrimination
- Retaliation: Protected Leave Use
- State PFML Noncompliance
- State Wrongful Termination
- State No-Fault Attendance Violations
- Paid Sick Leave Violations
Average Settlement Range
- $80k- $500k
- $50k-$500k
- $45k-$175k
- $83k - $4.75M
- $50k-$300k
- $1k Per Violation + % Payroll
- $90k - $450k
- $20k per Violation
- $100 - $10k per Violation
Settlement ranges only | Total exposure (defense + settlement) is materially higher | Source: DOL, EEOC, DOL-VETS FY2023-2024
How We Do It
Compliance Review
- Compliance Review of Handbooks, SOPs, & Current Leave Setup
- Policy Revision Guidance
- Current Leaves
- Historical Data
Design & Implement
- Establish Employee Experience
- Create Manager Process
- Build Environment
- Plan Creation: Company, Federal, State & Local
Managed for You
- Ongoing Administration: HRIS Updates, Top-Off Calculations
- Employee Communications: Eligibility Determination, Leave Planning & Questions
- Interactive Process & Accommodation Guidance
- Ongoing Compliance Updates
FAQs
What’s the difference between a Managed Leave service and what our insurance carrier provides for administration?
The insurance carrier is handling all details of that one plan, and you still need them! But they do not support other lines of coverage, company policies, federal leave statuses, nor additional states.
What are companies doing who don’t have technology?
Most companies are storing their leave data in excel, folders on someone’s computer, and in email threads. This creates an ongoing risk whenever a need for documentation is required.
What is the Interactive Process?
The Interactive Process is the communication with your employee attempting to find reasonable accommodations to perform their job. While commonly part of both ADA and leaves, this process can start whenever a medical condition may need an accommodation review.