Audit of FMLA Function

BCG will conduct a comprehensive audit of your FMLA administration, during which we will:

• Identify state and federal FMLA and other leave laws that apply to your organization
• Review your current leave administration practices and procedures
• Revise, edit, and/or establish FMLA operational policies, practices, handbooks, manuals, and forms
• Identify and recommend changes to existing leave policies and practices to maximize FMLA rights
• Identify ways to make FMLA administration program more efficient
• Review/recommend leave administration software
• Recommend FMLA training, as needed

After an FMLA audit, your FMLA program will comply with current state and federal FMLA requirements.

FMLA Program Design

BCG can design a program for you that maximizes your FMLA rights and complies with state and federal FMLA requirements. In designing your FMLA administration program with the unique needs of your organization, BCG will:

• Review your current leave policies and administration program
• Identify applicable state and federal FMLA leave law requirements
• Recommend and draft changes to your current paid and unpaid leave programs to maximize FMLA rights and minimize FMLA burdens
• Integrate FMLA with workers’ compensation and other paid/unpaid leave programs
• Draft conforming employee handbook and manual language re: FMLA leave
• Prepare necessary medical certification and other FMLA forms, notices, posters
• Prepare employee FMLA informational material
• Recommend employee, supervisor, FMLA administrator training, as needed

FMLA Handbooks, Manuals, Notices, and Forms

The FMLA requires employers to notify employees of FMLA rights and responsibilities a number of different ways. BCG can help you develop FMLA-compliant language for:

• Handbooks and Manuals
• Notices
• Posters
• Other informational brochures for employees

Training Programs and Seminars

Continuing FMLA education can ease FMLA administration and keep you in compliance with the latest FMLA developments. BCG is a leader in FMLA education. We can help you develop your own training, or provide FMLA training for you. FMLA training includes:

• Training to employees of FMLA rights and responsibilities under the employer’s policies
• Line supervisor training to ensure that leave and attendance is administered in compliance with the FMLA
• Senior management training on FMLA requirements
• Train-the-trainer programs so that your in-house professionals can provide accurate and current FMLA training
• Periodic advanced training on FMLA developments for those directly involved with FMLA administration, compliance, and the defense of FMLA claims.

FMLA Expert On-Call

Sometimes your FMLA administrator needs to bounce their FMLA question or situation off someone who knows the FMLA inside and out. This service provides your FMLA administrators with ready access to a BCG FMLA expert to quickly answer your FMLA questions. On-Call retention packages of different lengths of time (e.g., 1, 2, 5, 10-hours, or more) are available to fit the needs of your organization.

FMLA Consulting

BCG consulting services can help you when your FMLA situation requries special attention. We will conduct a thorough review of your FMLA issue and provide you with a written opinion of our determination with cost-effective recommendations to resolve the issue. FMLA consulting is available on an hourly fee basis.

FMLA Complaint Investigations

An effective internal dispute resolution process for resolving employee complaints can preclude an employee from filing suit or complaining to a government agency. Employees who have confidence with internal dispute resolution systems will use that system. An effective dispute resolution system includes a thorough and impartial investigation of the employee’s complaint. An impartial investigation may also help an employer avoid the legal presumption favoring a willful FMLA violation, which mandates an award of double damages.

BCG has extensive experience providing objective, third party investigations of FMLA complaints which may be viewed as too sensitive for investigation by internal personnel. This is particularly true where the complaint is by or against a high level official within your organization. You also may want to go outside your organization where the complaint is filed by or against someone within the function charged with investigating employee workplace complaints.

Mediation and Arbitration

Employees who believe their FMLA rights have been violated may seek redress, either internally (e.g., complaint or grievance) or externally (government agency complaint or lawsuit). BCG alternative resolution experts can help you informally resolve employee FMLA complaints through mediation or arbitration.

As a mediator, BCG will help facilitate a resolution of the complaint between the employee and employer. If a resolution is reached, BCG will draft the settlement agreement.

As an arbitrator, BCG will conduct a hearing, consider witness testimony and exhibits, and render a binding decision resolving the complaint.

Neutral Case Evaluation

Sometimes you need the advice of an impartial expert to determine whether an employee has a valid FMLA claim and/or you have a defense to that claim, or whether you have a defense to that claim. As experts in the FMLA, BCG can provide you with an impartial, cost-effective evaluation of the situation, with recommendations for action.

Outsourcing FMLA Leave Administration

BCG can help you outsource your FMLA leave administration. We can assist you to determine if outsourcing is right for your organization. We can help you evaluate FMLA administration vendors. You can also outsource your FMLA administration to BCG.