Transcript Slide 1

Leave Management
June 17, 2014
Presented by:
Jackie Swaro, Benefits Administrator – Team Lead
Jill Scanlon, Senior HR Solutions Partner
Learning Objectives
Review leave and benefit programs for State
Classified, Faculty and Administrative
Professional employees.
Types of Leave
State Classified/Admin Pro/Faculty
•
•
•
•
•
•
Annual Leave
Sick Leave
Family Medical Leave (FMLA)
Worker’s Compensation/Injury Leave
USERRA - Military Training and Military Service Leave
Victim Protection Leave
Types of Leave
State Classified
• Short Term Disability (STD) Leave
Admin Pro/Faculty
• Parental Leave
• Sick Leave Advance
Confidentiality of Medical Information

Employee medical information confidential under the:
o
ADA (Americans with Disabilities Act of 1990)
o
FMLA (Family and Medical Leave Act of 1993)
o
HIPAA (Health Insurance Portability and Accountability Act of 1996)

Direct supervisors should not contact healthcare providers

Maintain medical information in separate files

Disclose medical information only to those who have a business need to
know
Annual Leave
Use of Annual Leave
Faculty / Admin Pro and State Classified

Provided for employee’s personal needs

Typically requested in advance

Approved by supervisor/manager

Leave transfers with employees to new department if new
position is leave eligible

Paid out (up to a pre-determined maximum) upon
separation
Leave Accruals
Faculty/Admin Pro
Annual Leave
(12-Month Employees Only)
2 days/Month – 48 day Max
Note: Part-time employees who work regular, non- fluctuating schedules
earn a pro-rated amount of leave based on their regular work schedules.
Leave Accruals
Upon separation:
• After six (6) months of employment, the employee's
•
accrued annual leave is paid for up to a maximum of
twenty-four (24) days upon separation
Except in case of death, the maximum number of days is
24 minus the number of days of AL taken during the thirty
(30) working days immediately prior to the date of
separation
Leave Accruals
State Classified
Annual Leave
Governed by the State Personnel Board Rules, Chapter 5
Years 1 - 5
Years 6 – 10
Years 10 – 15
Years 16+
8 Hours
192 Max Hours
10 Hours
240 Max Hours
12 Hours
288 Max Hours
14 Hours
336 Max Hours
• Forfeiture of leave over maximum accrual occurs July 1
•
each year
Upon termination or death, unused leave paid out up to
the maximum accrual rate
Sick Leave
Use of Sick Leave
Faculty / Admin Pro and State Classified

Provides time off for health reasons including:
o Preventative exams/office visits
o Treatments
o Recovery
o Periodic illness
Leave Accruals – Faculty/Admin Pro
Sick Leave
(Regular or Special)
1.25 days/Month – No Max
• Absences of greater than 3 days may require medical documentation
• 480 hours annually can be used for each of the following:
o
Illness or medical treatment of an member of their immediate family for
whom the individual has responsibility to provide care
o
Care for a newborn or a child newly placed for adoption or foster care
Note: Part-time employees who work regular, non- fluctuating schedules
earn a pro-rated amount of leave based on their regular work schedules.
Leave Accruals – State Classified
Sick Leave
Governed by the State Personnel Board Rules, Chapter 5
Years 1+ = 6.66 hrs/Month – 360 hrs Max
• Can be used for employee’s child, parent, spouse, legal dependent, or a
person in the household for whom the employee is the primary caregiver
• After more than three days of absence, a State of Colorado Medical
Certification form must be provided
Note: Part-time employees who work regular, non- fluctuating schedules earn
a pro-rated amount of leave based on their regular work schedules.
Sick Leave Advance – Faculty/Admin Pro
• All newly benefits eligible Faculty or Admin Pros
are given an advance of the sick leave they would
accrue during their first year in a benefit eligible
status
o
For example, a 9-month, Regular Faculty hired
January 1, 2014 at 100% would receive an
advance of 90 hours
• Only sick leave, not annual leave is advanced
Short Term
Disability
Short Term Disability
Faculty / Admin Pro
•
•
•
Monthly Premium
No cost to the employee
Elimination Period
10 Continuous Working Days of absence or when all sick and annual
leave is exhausted, whichever is later
Income Replacement
100% of Covered Monthly Salary
Maximum Benefit Period
60 Working Days
Eligibility Date
Date of Hire
Employee is eligible as of date of hire
Disability period runs concurrent with the elimination period, sick leave and annual leave
Part-Time employees are eligible, but the 60 work day maximum benefit period is not
extended
Short Term Disability Benefit
State Classified
Monthly Premium
No cost to the employee
Elimination Period
30 Calendar Days
Income Replacement
60% of Pre-Disability Income
180 Calendar Days
(Includes elimination period)
Date of Hire
Maximum Benefit Period
Eligibility Date
•
All sick leave must be exhausted before receiving Short Term Disability benefits (within or
beyond the 30 day elimination period)
•
Annual leave must be used until calendar day 30, if sick leave is exhausted
Note: Annual leave may be used beyond the 30 day elimination period to receive 100% pay in
lieu of 60% Short Term Disability income replacement benefit
Short Term Disability Leave
State Classified
STD Leave and eligibility:
• 1 year of service
• Submission of STD application within 30 days of absence (and approved)
• Job protection for up to 6 months
Parental Leave
Parental Leave
Faculty / Admin Pro
Benefits = three weeks of pay within the 12
months following birth or adoption for either
parent.
Long Term
Disability
Long Term Disability
Faculty / Admin Pro
•
Offset by other income benefits including Social Security, Worker’s Compensation, disability
benefits payable under any employer group insurance, retirement benefits or paid leave
Monthly Premium
No cost to the employee
Elimination Period
90 Calendar Days
Income Replacement
60% Monthly Salary PERA
69% Monthly Salary DCP
Maximum Benefit Period
Determined by your age when disability begins
– reference the summary plan description
Long Term Disability
State Classified
Monthly Premium
Elimination Period
Income Replacement
Maximum Benefit Period
•
•
•
Premiums determined by age, salary and
PERA vested status
180 Days
60% Pre-Disability Income
Determined by your age when Disability
begins – reference the certificate of
insurance
Evidence of Insurability is required
LTD income replacement benefits are 60% up to age 65, if plan requirements are met
Offset by other income benefits including Social Security, Worker’s Compensation,
disability benefits payable under any employer group insurance, retirement benefits or
paid leave
Family Medical
Leave
Family Medical Leave
Faculty / Admin Pro and State Classified
Family Medical Leave (FML) may apply for one or a combination of the following
reasons:
•
The birth of a child to the Eligible Employee or the Eligible Employee's spouse and care
for the newborn
•
The placement of a child for adoption or foster care with the Eligible Employee or the
Eligible Employee's spouse and care for the newly placed child
•
•
Care for a spouse, child, or parent with a serious health condition
•
Military – Caregiver or Qualifying Exigency Leave
Inability of the Eligible Employee to perform one or more of the essential functions of
his or her position because of his or her serious health condition
Family Medical Leave Eligibility
Faculty / Admin Pro and State Classified
• Appointed or employed at CSU for at least twelve (12) months and
• Has worked at least 1,040 (or 1,250 for SC) hours during the twelve (12)
months immediately preceding the commencement date of the leave
• Administrative professionals with regular, special or senior teaching
appoints and 9-month faculty appointments of half-time or greater are
deemed to meet the 1,040 hour standard, assuming that all other
eligibility criteria are met
Family Medical Leave Entitlement
Faculty / Admin Pro
•
•
•
•
Eligible for twelve (12) work weeks of FML during a “rolling” twelve
(12) month period measured from the first date the employee uses
FML to the same date twelve (12) months later
Allows leave to be continuous, reduced-time or intermittent, when
medically necessary
FML leave is unpaid
Runs concurrently with all other types of paid leave
Family Medical Leave Entitlement
State Classified
•
•
•
•
•
Eligible for thirteen (13) work weeks of FML during a fiscal year (July 1
- June 30)
Effective July 1, 2014, State Classified FML will be calculated via the
“rolling” twelve (12) month period
Allows leave to be continuous, reduced-time or intermittent, when
medically necessary
FML leave is unpaid
Runs concurrently with all other types of paid leave
FML – Employee Responsibility
Faculty / Admin Pro and State Classified
•
•
•
At least 30 days notice prior to leave date, when foreseeable
Notification to the department as soon as possible, when unforeseeable
Submits medical certification completed by the healthcare provider
•
Note:
Medical certification form must be returned within 15 calendar days from
the receipt of the Notice of Rights and Responsibilities
The University is required under Federal regulations to “Notify” an employee under
FML when they become aware of an employee’s need for leave which may be
eligible for FML. The employee is not required to request it, but department is
obligated to provide when knowledge of qualifying absence is gained.
FML – Department Responsibility
Faculty / Admin Pro and State Classified
• Required Documentation
o Notice of Rights and Responsibilities
o Medical Certification Form
• Employee’s Own Serious Health Condition
• Family Member’s Serious Health Condition
o Designation Notice
• Evaluate FML eligibility (planned and unplanned absences)
o Determine if an absence of more than three (3) days is FML eligible and send via certified mail
o Must provide notice of eligibility to the employee within five (5) business days
o Hand deliver to employee the above paperwork for planned absences in advance of the leave date
• Once supporting documentation is received, leave must be designated as FML within 5 business
days
• Individual departments are responsible for FML records and Oracle entry
• Departments must send copies of FML to Human Resources
Family Medical Leave - Military
Faculty / Admin Pro and State Classified
• FML Military Caregiver Leave (2008)
• FML Qualifying Exigency Leave (2008)
• In 2010 the FMLA was again amended, expanding the military-related leave
protections. The FMLA was also amended to include a special eligibility
provision for airline flight crew employees.
• Intended to allow families of members of the, Armed Forces, National Guard
and Reserves to manage their affairs while the family member is on active duty
• 12 weeks of standard FML (13 weeks for State Classified) can be for any
“qualifying exigency”
Family Medical Leave - Military
Faculty / Admin Pro and State Classified
• FML Qualifying Exigency Leave (2008)
• Qualifying Exigency is defined as:
o
Short-notice deployment;
o
Military events and related activities;
o
Childcare and school activities;
o
Financial and legal arrangements;
o
Counseling;
o
Rest and recuperation;
o
Post-deployment activities; and
o
Additional activities not encompassed above and agreed upon by the employee
and employer
Family Medical Leave
Faculty / Admin Pro and State Classified
Federal Regulations
•
•
•
•
Interfering with or discouraging the use of FML
Breaching confidentiality of health information
Discharging or discriminating
Retaliation
Other Leave
Types
Military Leave
Faculty / Admin Pro and State Classified
•
•
Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994
•
•
•
•
•
•
•
•
Provides employees certain reemployment rights
Prohibits employers from discriminating against individuals because of past, present or
future membership in a uniformed service
Military Training Leave
Paid leave for annual training
Max 15 days per calendar year (Faculty/Admin Pro) or fiscal year (State Classified)
Military Leave
Provides unpaid leave to military personnel called to active duty
Employee may use annual leave before unpaid time
May use any remaining Military Training Leave
Military Leave
Faculty / Admin Pro and State Classified
USERRA and the FMLA
Together, USERRA and the FMLA create four different types of legally
protected leave:
• Military leave for the affected employee.
• Military family leave for the employee who has a family member
affected by military leave.
• Medical leave for the affected employee.
• Family medical leave for the employee having a medically affected
family member.
Worker’s Compensation
Faculty / Admin Pro and State Classified
• Provides up to 90 days of full pay for injury compensable under Workers’
Compensation
• Runs concurrently with FML
•
•
Employee – First Report within 4 days. Failure to do so can result in the loss of
one day's benefits for each day's failure to report. The employee is to
complete the online form and submit it to their Departmental Designated
Person.
Once the Designated Person (DDP) receives email notification of injury, review
and complete the required departmental section and submit the completed
form to EHS.
Victim Protection Leave
Faculty / Admin Pro and State Classified
• Colorado Domestic Abuse Leave Law
o
Employers must permit an eligible employee to take leave from work to protect
himself or herself from particular acts of violence
o
Provides up to 24 hours (pro-rated for part-time) of unpaid leave
• Eligibility
o
Employee has been employed for minimum of 12 months
o
Must exhaust sick and annual leave
o
Victim of domestic abuse, stalking or sexual assault
• Confidentiality
o
Information must be maintained in files distinct from personnel files
Keep in mind…
Americans with Disabilities Act (ADA)
• Under the guidelines of the ADA, an individual with a disability is defined as a
person who:
o
Has a physical or mental impairment that substantially limits one or more major life
activities; or
o
Has a record of such an impairment; or
o
Is regarded as having such an impairment
• A qualified employee or applicant is an individual who, with or without reasonable
accommodation, can perform the essential functions of the job in question
Keep in mind…
Physical Inability
• All leave benefits exhausted?
o
Family Medical Leave
o
Short Term Disability Leave (if applicable)
o
Sick and Annual Leave
• Employee still unable to return to work or cannot return and perform essential
functions?
• Consultation with Office of Equal Opportunity
• Distinct processes exist for requesting administrative separation for physical
inability between Faculty/Admin Pro and State Classified
Human Resources
555 S Howes Street, Second Floor
Fort Collins, CO 80523
(970) 491-MyHR (6947)
www.hrs.colostate.edu