4. 4
Most Difficult Activities Persist
61%
58%
48%
47%
40%
26%
24%
56%
60%
51%
59%
48%
37%
28%
Tracking intermittent time previously taken
Tracking intermittent time during leave
Interacting with ADA and ADAAA
Transferring employees to alternative positions
Obtaining second and third medical opinions
Facilitating return to work
Tracking continuous time previously taken
FMLA Activities Ranked as Difficult/Extremely Difficult
2012
2011
Source: DMEC & Spring Consulting Group 2012 Employer Leave Management Survey
5. 5
Employers asking for assistance with ADA process
• Increased interest in understanding how TPA can assist
with RTW/ADA
– Typically, STD Management programs incorporate
transitional return to work into practices
– On the other hand, LOA Management does not
incorporate a structured transitional RTW
• What about those situations when a STD or LOA claim
has not been initiated?
6. 6
How employers are responding
Implement structured transitional
return to work/stay at work
programs for both occupational
and non-occupational programs
• Provide opportunity for disabled
employees to ask for
accommodation in their jobs before
having to go out on
a leave
• For those on leave, determine if
transitional duty would allow the
employee to return to work earlier
through minor modifications
Incorporate pathways to ADA
assessment into leave, short-
term disability and workers’
compensation programs
• Build pathways to transitional
return to work programs
• Prior to exhaustion of job-
protected leave under
FMLA, determine if disabled
employee can be accommodated
in work environment or if
additional unpaid, protected leave
under ADA is appropriate
7. 7
Two primary models: medical substantiation
Obtain medical information form health care provider
Vendor will interface
directly with health care
provider and employee
to obtain medical
information
Vendor provides detailed
medical information to
Client – typically a
centralized ADA team
responsible for the
analysis and next steps
Client responsible for
next steps (limitation
assessment, interactive
process, accommodation
decision)
8. 8
Two primary models: full ADA assessment
Provide full service ADA Assessment service for employers up
through final accommodation decision
Vendor will
interface directly
with health care
provider and
employee to obtain
medical
information
Client provides
essential job
functions of
position
Voc Rehab
Specialist will
assess limitations
and offers
accommodation
recommendations
Voc Rehab
Specialist will lead
interactive process
Client responsible
for final decision on
reasonable
accommodation
and
implementation
9. 9
Southern California Edison (SCE)
• One of the largest investor-owned electric utilities
• Providing electricity to over 14M people over 50K square miles of territory
• Over 16,000 employees, primarily in California
• Strong union presence - three active unions
• Self-insured, Third-Party Administered (TPA), Voluntary Disability Plan and
Long Term Disability (LTD)
• Self-insured/self-administered Workers’ Compensation
• TPA administered FMLA and Tier 1 Accommodations
• Self-administered Return to Work Program/Tier 2 Accommodations
10. 10
ADA is everywhere
• The ADA amendments act has vastly widened the definition of who
is covered under ADA
• This means “ADA” is now touching more of disability, leave and
absence processes than ever before.
• Throughout our presentation look for our “ADA mascot”
to see where ADA is applicable.
11. 11
SCE’s programs and tools
• Being primarily in California with FEHA laws, SCE had to
apply compliance tools early :
– Transitional RTW
– Formalized accommodations process
– Absence management express
– Return to Work Program (RTWP)
– Formalized leave protection beyond FMLA Process
13. 13
Transitional return to work (TRTW)
• Dedicated resources:
– TPA for Non-Occupational
– SCE work comp staff for Occupational
• TPA claim examiners/nurse can refer or TRTW identifies from agreed
upon criteria
• TRTW works with employee, supervisor and physician for TRTW
plan
• TRTW follows up after RTW until full release or back at work 30/90
days (STD/LTD)
• Monthly Organization/Business Unit partner team meetings review
list of employees off work for potential TRTW
16. 16
2. TPA Gathers
Medical Support
3. TPA Contacts
Work Location
4. Disability Management
Follows Up
• Employee tells supervisor, Disability
Management, or TPA that he/she is having
difficulty doing his/her job due to a
medical condition; or
• Employee’s spouse (third party) calls
supervisor, Disability Management,
or TPA to report restrictions or
difficulties; or
• Employee presents doctor’s
note that recommends an
accommodation or indicates
restrictions
• If work location says they can
accommodate then a report back to
work date/accommodation start
date is established.
• If the work location says that they
cannot accommodate, or there is a
plan for equipment, the case is
referred to Disability Management.
• Disability Management contacts the
work location to confirm there is a
business reason why they cannot
accommodate and that it will hold up
under the law.
• Disability Management helps work
location explore options for
accommodations.
• Disability Management orders and
provides any equipment that is
required.
• Accommodation request is
documented.
• Once documentation is received
and a clear understanding of
what is being requested is
confirmed, TPA contacts the
work location asking if they are
able to accommodate.
1. Identifying the Need
Accommodation request and process
17. 17
Stats on accommodations
Two groups of accommodations:
Group 1 – Existing disability claim with restrictions accommodated
Group 2 – At work accommodated to stay at work
19. 19
Absence management express - why?
• Employees on extended disabilities do recover from their illnesses or injuries
• Work locations and employees report difficulties with return to work
process, when it has been an extended absence
• Extended absence return to work cases require
case-by-case analysis
• Multiple organizations can contribute in the
extended absence return to work process
• Ensure company is complying with
laws and company policies
• Employees with disabilities are
entitled to job accommodations
and an interactive process
20. 20
Absence management express concept
• Direct Supervisor/Manager is ultimate decision-maker
• Direct Supervisor/Manager usually needs assistance
• When event occurs, bringing support groups together can make the
outcome more effective
– Support groups are invited based on the supervisor’s responses to
a survey tool, and Disability Management arranges meeting
– Supervisor, Manager, HR Business Rep are all invited to attend in
person or call into the meeting
• Understanding roles and responsibilities also makes outcomes
more effective
21. 21
Three
Business
Days
Two
Business
Days
One
Business
Day
One
Business
Day
TPA
Notifies
DM
TPA
determines
LTD ends in 30
Calendar days
DM loads data
and sends
survey to
mgr/sup
Mgr/Sup
Submits Survey
DM Creates
Minutes and
Action
Items and
Distributes
Note: Process will proceed if an appeal occurs; DM will inform participants there is an appeal pending which may effect
the action plan and move return to work date.
Meeting is
Held – in
person and
Conf Call
Welcome
DM Assesses
and Schedules
Meeting
Three
Business
Days
Absence management express – the process
22. 22
Survey tool
• The purpose of the survey is to determine a suitable scenario which applies
to a specific extended absence return to work situation.
– Supervisor’s responses to the survey questions will help to clarify other
organizations who may have supporting roles in the extended absence
return to work process.
– The initial email contact is to
the Supervisor of record in
the system.
– The appropriate people
are invited to attend the
Absence Management
Express meeting.
– Critical question has been on whether job is available
24. 24
Absence management express outcomes
Outcomes %
Litigated 0%
In Process of Returning to Work 7%
Returned to Work 7%
In the Return to Work Program 39%
Appeal in Process 3%
LTD Reinstated/Extended 7%
Workers’ Comp Claim on CDP While TTD 3%
Awaiting Work Location Response 7%
Involuntary Separation 14%
Voluntary Separation 3%
Retired 10%
26. 26
Return to work program (RTWP)
• Permanent work restrictions that preclude employee
from performing their own job
• Eligible employees approved for LTD can also voluntarily
participate in the Return to Work Program
– 2½ years maximum
– 70% of pay (less offsets)
– Provide re-training and job search resources
– Bonus for finding own job
27. 27
Return to work program (RTWP)
Temporary RTWP assignments for maximum one (1) year
• Disability Management will pay for 50% of the work location labor
costs.
Permanent job placements
• Disability Management will pay for 100% of the work location labor
costs for one (1) year.
Supplemental pay
• Disability Management will supplement the employee’s salary to old
job rate if they return in a lower paying job.
28. 28
Return to work program (RTWP) rate challenge
Factors impacting RTWP job placements:
• Current job posting process was not consistently reviewing potential RTWP
candidates as preferred candidates
• Not all recruiters were aware of RTWP preferential placement requirement
or process
• Our RTWP candidates resumes and interview skills were lacking
• Managers/Supervisors were not aware that DM pays 100% labor for one
year for RTWP regular job placements
• Work locations may be over utilizing contingent workers for positions RTWP
employees could perform even on a temporary basis
29. 29
Return to work program (RTWP) rate challenge
Our Solution phase includes:
• Cross-functional team of Talent Management & Disability Management
• Formalizing review of RTWP employees prior to job posting
• Educating Talent Management recruiters
• Hosted a “Train the Counselor” all day seminar with a Career Coach who has
expertise in SCE resumes/interviewing
• Hosted an all day seminar for all current RTWP employees with same Career
Coach on Career Skills
• In the Loop article to bring awareness of RTWP project
• Distributing listing of RTWP employees to SBT, Org Unit partner teams and
potentially Executive team
• Conduct review of potential contingent worker job duties with RTWP
employees capabilities
30. 30
RTWP rate challenge – results so far
32% reduction
in number of
RTWP
employees
RTWP
counselors
better equipped
to assist their
RTWP clients
RTWP
employees
better equipped
for their
alternate job
search
Synergy
between Talent
Management
and Disability
Management
32. 32
Beyond FMLA
Drivers for Improvement:
• ADA requires consideration of protected leave beyond FMLA in
certain circumstances
• SCE wants a more consistent approach
• Manager/supervisors want more support
• Need for formal tracking
• Provide more support for alternate job
search process
33. 33
Future process changes
Process One – Employee on disability with no FMLA Job Protection
• Single Point of Contact (SPOC) notified that employee is off beyond FMLA
• SPOC contacts supervisor/managers with 3 Options:
– Hold position – short term (less than 6 months)
– Hold position – long term (more than 6 months less than 2 years)
– Backfill now (requires meeting usually with law, ER/LR)
– (Note: informational meeting can be held if Sup/Mgr undecided)
• SPOC tracks and follows up on short –term and long term
holds including any agreed upon extensions
• SPOC letter process (warning and notification that
position no longer held)
• Result: When Employee is released, Employee
and Company know whether or not the
position was held
34. 34
Beyond FMLA
Process Two – Employee Beyond FMLA now able to RTW
• SPOC responsible for oversight on entire process
• SPOC notified that employee released to return to work
• If position was held, normal absence management express
• If position backfilled, start interactive process for alternate job search
– Discuss options with employee (interactive process)
– Open comparable positions in same Work Group? Organization?
Business Unit?
– If no open positions, start company wide search including using
org/partner teams
– Lessor positions also considered after comparable search ends
• If no open comparable or lessor positions, declare
business case for surplus and possible severance
package
• If employee refuses a reasonable alternate job
offer, potential termination without severance
This is a worst case scenario. The Third Party Administrator often provides 45 to 60 day notice.We have to go by the Supervisor in the system of record, SAP. We do provide contact information and tell them to let their PLS know if they are not the correct Sup and reply to DM’s email to let us know.