Transcript Family Care Leave - WSU Human Resource Services

Understanding
and
Managing Leave
Presented by
Human Resource Services
Rev. September 2014
Objectives
Review Rules
Discuss Processes
Work Through Impacts
• Medical Leaves
• Workers Compensation (L&I)
• Reasonable Accommodation (RA)
• By the end of this training you should be able to:
• Understand the types of leave available to
•
employees and how the various leaves are
interrelated
Understand your role in the leave process
Leave Available through WSU
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Family Medical Leave
Family Care Leave
Shared Leave
Work-Related Injury/
Illness Leave
Extended Leave as RA
Parental Leave
Medical Leave
• Domestic Violence
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Leave
Military Leave
Military Family Leave
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Leave Without Pay
Annual Leave
Sick Leave
Compensatory Time
Scenario
An employee has
just requested to use
their annual
leave/sick leave due
to an upcoming
surgery.
WHAT DO YOU DO?
Scenario
An employee has
just requested to go
onto leave without
pay to care for a
family member with
a health condition?
WHAT DO YOU DO?
Requesting Leave
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Personal Leave Requests go through normal
departmental procedures. These are the most
familiar to employees.
• Annual Leave
• Sick Leave
• Personal Holiday
• Comp Time Usage
• Leave Without Pay
Exception:
• Medical Leave requests are administered
through Human Resource Services.
Medical Leave Requests
Your responsibility as a supervisor is to:
• Identify the need for medical leave
•
A period of full-time, part-time, or ongoing intermittent leave
• Refer employee to HRS
• If unsure of the request, contact HRS
http://hrs.wsu.edu/Disability Services
Notification of Medical Leave
Request
Employee Notifies
Supervisor
• Needs leave for
own or family
member serious
medical condition
Supervisor Directs
Employee to HRS
• HRS works with
employee to
establish
appropriate leave
HRS Notifies
Department
• Email
• Written
correspondence
• Verbal and inperson meetings
Return to Work
• If needed, info from
Health Care Provider
(HCP) that identifies
capabilities and/or
limitations
• Duration of limitations
• HRS notifies
department & employee
Types of Medical Leave
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Family Medical Leave
Medical Leave
Family Care Leave
Leave as a Reasonable Accommodation
Other: Shared Leave
How many here have dealt with
these different leave types in the
past?
Did you find the rules and
procedures clear and
understandable?
Medical Leave
Benefits provided according to
Federal Law
State Law (RCW)
WAC/Collective Bargaining
Agreements
University Policy
AP Handbook / Faculty Manual
Family Medical Leave
Federal Provision
• 12 weeks/480 hrs of leave each rolling
12 month period
• qualifying event,
• eligible employees.
• 26 weeks for care of military family
member.
Family Medical Leave
Federal Provision
• Employee choose how to use leave.
• Leave can be for a block of time,
reduced work schedule, or used
intermittently
• 12 month period starts first day of use
and runs for next 12 months.
• All based on supporting medical
documentation.
Family Medical Leave
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•
*
Job protected leave *
Employee maintains employer paid
benefits, granted the employee
continues to pay the premiums that are
normally collected **
Note that FML does not protect against budget impacts,
performance management or layoff
**
Benefits can be terminated during the FML period
for nonpayment
Family Medical Leave
Eligible Employees:
HRS determines eligibility based on if the
employee has worked
• for the state of Washington for at least
12 months.
• for at least 1,250 hours during the 12
month period immediately preceding
the request for FML.
Family Medical Leave
Qualifying Events:
• Employee’s serious health condition
• Birth, adoption, or placement of a
child
• Care for a qualifying family member
(child, parent, spouse) with a serious
health condition
Family Medical Leave
Qualifying Events (cont.):
• Care for a qualifying family member
recovering from a serious health
condition sustained in the line of duty.
• Exigency Leave for employee whose
qualifying family member has been
called to active duty.
Family Medical Leave
Qualifying Events (cont.):
• Domestic Violence Leave- Allows victims
of domestic violence, sexual assault, or
stalking to take reasonable leave from
work:
• Paid or unpaid
• To take care of legal or law enforcement needs
and obtain health care
• Family members may take leave to help victim
obtain help
Family Care Leave
State Provision
• Leave to care for an
eligible family member
•
Must be in full paid status
• If eligible for FML, leave
first designated as FML
•
If the employee has paid leave available after the FML
period, they are able to extend their leave under FCL
• Eligible Family Members include: spouse,
child, parent, parent-in-law, and grandparent
Medical Leave
University Provision
• Allows employees not FML eligible, who
must be out full time for their own
condition, up to total of 4 months (full
time leave only)
• Allows for an additional month of
insurance benefits beyond FML period
when an employee is out full time
• Must be in minimum 8 hours paid
status during additional month.
Scenario
• An employee has worked
for WSU for six months
transferring from another
state agency that they
worked at full time for five
years.
Eligible for FML?
• An employee works 50%.
Eligible for FML?
Shared Leave
RCW 41.04.660
BPPM 60.58
Allows state employees to donate their
annual leave, sick leave, or personal
holidays to another state employee who
meets a Shared Leave criteria
Shared Leave
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Leave Provisions
Allows state employees to donate leave to
other employees – that would not be lost
Maximum received per event is 90
calendar days for an employee’s condition
or the equivalent of LTD waiting period,
whichever is shorter
• Maximum received over career with state is
261 days, or 2088 hours.
Shared Leave
1. Employee or relative or household member
suffering from a severe, extreme or life
threatening diagnosed medical condition
2. Domestic Violence - Employee
3. Called to Uniform Services - Employee
4. State of Emergency - Employee
AND
– Employee on LWOP
AND
– Not Workers’ Compensation eligible
Scenario
• HRS receives and approves a shared
leave application.
• Employee is approved for Shared Leave
• WSU receives notification that the
employee has filed a Workers’
Compensation claim.
• Claim is approved.
Things to Consider? Actions to Take?
Workers
Compensation
WAC 296-17
SPPM 2.30
Work Related Injury/Illness
• Injury or Occupational Disease
that has a . . .
• Proximate Cause
which occurred during . . .
• Course of Employment
Workers’ Compensation
• Washington State Department of
Labor and Industries (L&I)*
• No Fault Insurance
• L& I looks towards a Quick and
Dependable Remedy
* WSU is not self insured
Benefits of Workers’
Compensation
• Approved Medical Care 100%
• Wage Replacement
• Return-to-Work Assistance
• Permanent Partial Disability Awards
• Pensions
• Survivor Benefits
Scenario
You have just been notified
by your employee that
they tripped coming
down the stairs falling
onto their hands and
knees during the
performance of work.
WHAT DO YOU DO?
Supervisor / Department
Responsibilities
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Ensure first-aid and/or medical treatment is provided
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Call 911
Arrange* for ride to hospital/doctor as necessary
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Interview the injured worker and any witnesses ASAP
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Have Online Incident Report completed within 24 hrs
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Complete the Supervisor’s Accident Investigation
Report if:
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Medical treatment is sought
Employee is unable to work next full shift
Provide initial safety training and periodic safety
reviews
Filing a L&I Claim
If an employee chooses to file an L&I claim they do so
1. Through medical provider,
2. Online with L&I, or
3. Over the phone with L&I
WSU may question the claim validity if:
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Condition is not covered by law
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Not work related
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Questionable based on situation or timing, etc.
All L&I paperwork goes through HRS Pullman
Workers’ Compensation- Work
Limitations
• HRS MUST have a Health Care Provider
(HCP) note in order for the Employee to
RTW
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Medical papers received by department, are
forwarded to HRS ASAP, keep no copies
• HRS notifies supervisor of restrictions
• Discuss available work
• Temporarily Modify Job to Accommodate
Temporary Modified Duties
• Part-time/alternate schedule
• New duties - same knowledge
• Change building or location
• Different equipment or work methods
• Special projects
• Temp/Hourly duties
Workers’ Compensation- Return
To Work Coordination
• HRS will get the HCP approval on
temporary modified duties
• Employers held to higher standard to
return workers to the workforce.
• HRS Pullman coordinates WSU portion of
all claims and works with employees and
departments on applicable leave needs.
• Do not change job duties due to illness or
injury without HRS consultation
Scenario
My employee was injured
on the job, was out on
Family Medical Leave for
3 months, was granted an
additional month of
Medical Leave, and still
needs to be off work.
WHAT’S NEXT?
Reasonable
Accommodation
BPPM 60.21
Reasonable Accommodations
(RA)
WSU will provide RA for a known physical,
mental, or sensory limitation of an otherwise
qualified individual.
• Condition substantially limits individual’s
ability to perform the job.
• Employee must be able to perform the
essential functions of the position with or
without an RA.
RA Overview
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Modification or adjustment to a job,
work environment, policies,
practices, or procedures
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Enabling a qualified individual with
a disability
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Equal employment opportunity
Does not impose an undue hardship
on the employer
Qualified Individual
An individual with a medical condition
who meets the:
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skill
experience
education, and
other job-related requirements
of the position held or desired.
Not a Qualified Disability
Return To Work or Excluded Issues
• Non-chronic condition
• Sprain, broken limb, flu
• Pregnancy (normally)
• Abnormal deviations in weight, height,
strength
• Psychoactive substance use disorders
resulting from “current” illegal drug use
• Active alcoholism or abuse
Accommodations
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Making existing facilities
readily accessible
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Acquiring or modifying
equipment or devices
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Restructuring the job in a
manner consistent with
the rules
Accommodations
• Modify work schedules
• Granting a leave of absence
consistent with law
• Providing the opportunity for
reassignment to an open
vacant recruited for position
Scenario
Your employee is requesting a new chair
due to a back condition
OR
Your employee has returned to work from a
period of medical leave and is claiming an
inability to perform certain work duties due
to physical limitations.
WHAT DO YOU DO?
Accountabilities
Employee
• Request a RA
• Perform duties and
functions of a job
with or without
accommodation
• Participate in the
interactive process
University
• Provide RA to known
limitations of an
otherwise qualified
individual with a disability
• Keep medical information
private and separate from
personnel file
• Participate in the
interactive process
Department Responsibilities
What to do
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Send employee to HRS
Notify HRS of the possible need for leave/RA
Send medical documentation to HRS
Keep conversations “private”
Be an active, constructive participant in the
leave and RA processes
• Accommodate through the official RA
process
RA Process
Identification - a need for RA is identified.
Documentation - the employee
must submit medical certification
to support the RA request.
Accommodation - Upon receipt
of the necessary paperwork HRS
will work with the department to
determine the status of the
RA request.
Determining Options
•
Medical documentation
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Capabilities and Limitations
Compare to/with
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Position Description
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Job Duties/Functions
Departmental Needs
HRS coordinates the RA process
Department – Employee - HCP
Undue Hardship
• Not based solely on departmental funds, it
is more global
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(i.e. department
university
state)
• There are no central funds for
accommodations
• Light duty is RARELY an undue hardship
Scenarios
A school bus driver loses license due to a
claimed disability.
What questions do you ask? What do you
take into account when looking at what, if
any, accommodations?
Scenarios
The receptionist in a 3-person office that
receives a constant flow of visitors
throughout the day (the other 2 being
teaching faculty) is unable to work a
consistent 8-5 work day.
What questions do you ask? What do you
take into account when looking at what, if
any, accommodations?
Scenarios
An employee has requested several months
off over and beyond the FML period.
What questions do you ask? What do you
take into account when looking at what, if
any, accommodations?
Extended Leave–RA Examples
Leave
Start
Ex. 1
RTW w/
limitations
+ month
of med
leave
Extended
med leave
as RA
12 Weeks of FMLA
Extended
med leave
as RA
12 Weeks of FMLA
Ex. 2
Leave
Start
Continued RA due
to work limitations
+ month
of med
leave
Disability
separation
Alternative
Job Search
Alternative Job Search (AJS)
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Doctor determines the employee will not be able
to return to current position OR
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After going through thorough review process,
the department is unable to accommodate the
employee in their current position.
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HRS may look university wide for
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open and recruited for positions;
at the employees same or lower salary range;
that the employee is qualified for; and
that match the employees accommodation
requirements.
Disability Separation
•
Medical documentation has identified the
employee cannot work in any capacity
•
RA options have been exhausted
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HRS Disability Services coordinates with
HRS Benefits unit to determine other
possible options
• Long Term Disability
• Retirement
• Disability Retirement
Disability Services Coordination
L&I
RA
Medical
Leave
FML
FCL
Interplay between these leaves is
complicated.
HRS is here to help you manage the
process.
Resources
• BPPM 60.56 and 60.57 (Leave)
• BPPM 60.58 (Shared Leave)
• SPPM 2.30 (Workers Compensation)
• SPPM 2.32 (RTW Policy)
• BPPM 60.21(RA)
• Collective Bargaining Agreements
• Administrative Handbook
• Faculty Manual
Other Resources
• Office of Equal Opportunity (OEO) 335-8288
‒ EEO/AA compliance
‒ Disability discrimination
• Access Center 335-1566
‒ Student accommodation issues
•
WSU Accessibility
‒ ADA Coordinator, 509-335-8288
Questions
Human Resource Services
Disability Services
www.hrs.wsu.edu
hrs.wsu.edu/Disability Services
509-335-4521 or [email protected]
This has been a
WSU Training
Videoconference
If you wish to have your attendance
documented in your training history,
please notify Human Resource Services
within three days of today's date:
[email protected]