Transcript Family Medical Leave at the University of California

Family Medical Leave at the University of California
Danielle Schulte
University of California at San Diego
Human Resources
[email protected]
(858)534-8011
Agenda
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California Law
UC Policies
Procedures for Supervisors and Department Chairs
California Law
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California Family Rights Act (CFRA)
 Generally provides the same eligibility and rights as FMLA
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Exception: does not provide leave for disability on account
of pregnancy, childbirth, or related medical conditions
California Law
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Pregnancy Disability Leave (PDL)
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All pregnant employees eligible, regardless of date of hire
or hours worked
Up to 4 months of job-protected leave during time woman is
actually disabled
No benefits continuation unless concurrent with FMLA
Cannot run concurrently with CFRA
California Law
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Leave for baby bonding or placement of a child in foster care or
adoption need not be taken all at once
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Minimum duration of intermittent baby bonding leave is two
weeks
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A request for leave less than two weeks shall be granted on
any two occasions
California Law
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Diagnosis for employee’s health condition only with employee’s
authorization
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Cannot request diagnosis for employee’s family members
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No second or third medical opinion on health condition of
employee’s family members
California Law
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If an employee requests a second FML leave during the same
year for the same event, the employee does not have to requalify
Aggregate Leaves
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Leaves under FMLA and CFRA are concurrent
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Pregnancy Disability Leave is concurrent with FMLA but not with
CFRA leave
I--------- [PDL 6-8 WEEKS] ------I
I----------- [FMLA 12 weeks] --------------------I
I------------- [CRRA 12 weeks] ----------------I
The Basics-Reasons for FML
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Employee’s own serious health condition
Serious health condition of employee’s child, spouse, or parent
Birth of a child
To bond with a newborn or child newly placed for adoption or foster
care
The Basics-Eligibility
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Employee must have:
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At least 12 months of UC service, including all service
at any campus, medical center, or DOE laboratory
AND
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Have worked at least 1250 hours during the 12 months
immediately preceding the start of the leave
Employee Responsibility
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If possible, employee should give supervisor 30 days
advance notice
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Advance notice not required if need for leave is
unforeseeable
Department Responsibility
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When employee requests leave, department:
 Notifies employee of FMLA rights and obligations
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Determines if more information is needed to designate
the leave
FML information packet
 Cover letter provisionally designating leave
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You Rights and Obligations Under FMLA
Leave of Absence Request form
Certification form(s)
Declaration of Relationship
Department Responsibility
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FML information packet (cont’d.)
 FML Benefits Checklist
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Record of Reduced Work/Intermittent Leave Schedule
for Exempt Employees
Certification of Need for Leave
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Medical certification may be requested in accordance with
applicable personnel policy or collective bargaining unit
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FML Medical certification form versus doctor’s note?
Department Notice
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All leaves that meet FML requirements, whether paid or unpaid,
should be designated FML in writing within two working days
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If in doubt, make a provisional designation
 For example, if employee hasn’t provided verification from
health care provider
Reduced Work Schedule/Intermittent Leave
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Employee may reduce work schedule for FML reasons rather
than taking a complete leave
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When medically necessary, intermittent leaves are also available
under FML
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These types of leave should be designated in writing and the
hours should be tracked
Pay
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FML leave is unpaid
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May use accrued paid leave (sick leave or vacation time) during
FML leave
 Check applicable personnel policies or collective
bargaining agreements
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Worker’s Compensation or UC disability insurance may
supplement unpaid time during FML
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Comp time cannot be used.
(Why? it’s the law).
Benefits
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Medical, dental, and vision coverage continues at the same level
and under the same conditions during FML
 Up to 12 workweeks a year
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Coverage for these plans also continues while an employee is
receiving UC disability benefits
 May extend beyond FML period
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Basic Life (UC-paid) coverage continues for up to four months after
start of leave
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Employee can pay for Supplemental Life and AD&D coverage for
duration of leave
Benefits
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Employee must arrange with Payroll Office to pay any
employee premium costs
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Coverage ends on employee’s last day at work for:
 Short-Term and Supplemental Disability Plans
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Worker’s Compensation
Business Travel Accident insurance
Record Keeping
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The employee’s home department is the “Office of Record:
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FML records must be filed separately from the employee’s regular
personnel file
 Maintain for three years
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Medical records must be kept separate and confidential
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Be sure to track FML time, even for exempt employees
Reinstatement
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Employee is entitled to reinstatement to the same or
equivalent position
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If employee’s position has been abolished (end of
appointment, layoff), employee entitled to same
considerations as other employees
Return to Work Certification
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Certification may be required if the reason for the leave was the
employee’s own serious health condition
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Employee’s ability to perform the essential functions of
the position
If certification is required by a department, requirement must be
applied uniformly
Questions?