I may be old school and long out of HR role but I see a practical problem and if so, am asking for "suggestions" relevant to protecting income stream of close female relative about to make use of FMLA for expected new child.
New school senior HR officer with a major firm (not one in question) tells me I am out to lunch and modern employers are required to protect the status quo of the entire compensation package and assertively service the clients/prospects of somebody out on FMLA.
In a nutshell : Employer : To protect against employee claims of being required to work while on FMLA the employer ( A significant player in regional if not national financial services) requires employee to turn in computers, phones etc, employee email is blocked and employee is essentially inhibited for showing up on premises until formal return. .
Employee: Her compensation package is essentially performance driven , very small number of high value accounts coming on board each year , low base, long time to develop accounts , and is only compensated if client comes aboard AND stays aboard for at least 1 year --extreme level of personal service required ---and internally competive enough not to rule out "poaching" by members of good old boy network.....there might be say 15 high value clients in pipeline with about a 25% closure rate in any given year.
My thinking is that (female) employee needs to protect (her) peformance based earnings pipeline as a matter of self interest by using all the tools available via modern technology and even to occassionally visit the office.
Her base (perhaps 20% of compensation) is all that will be protected by formal rules as I see it. And if a client leaves while employee is out, employee gets zapped.
My younger HR counterpart (who handles issues worlwide for a truly major player) says I'm over- reacting and employer is required by law to protect the entire compensation package while out on FMLA
I still think in reality that falls apart when compensation is based on client development and retention.
A $50 million client or prospect in LA isn't interested in the internal administration of some PA firm--they want service--and are entitled to same or they will walk. And if an $75 million client want to see you in person in his CO office--the client wants to see "you".
Any practical suggestions as to how to maintain a modest level of client contact w/o running afoul of FLMA and internal rules to be out of loop? And not super rush to physically return to work premises. I'm not sure one could game the rules by showing up 1 day a week and using "intermittant" FMLA --sounds disingeneous to me. (There are no offical or unoffical work at home situations for this old school organization )
Thanks!
