Transcript Leave Management

1
Leave Management Objectives
In the Leave Management training you will learn what leave
entitlements staff members have, as well as how to
administer, track and communicate leave policies.
• To learn the most up to date leave policies
• To become more familiar with staff leave entitlements
• To learn the ways and reasons a staff member may take
leave
• To understand the supervisor responsibilities in
administering leave
2
Leave Management
Family Medical Leave Act/Pregnancy Disability Leave/CFRA
Family medical leave is the terminology used by University of
California campuses and ANR for medically related leaves which
includes the Family Medical Leave Act as well as the Pregnancy
Disability Leave Act and the California Family Rights Act.
What is the Difference?
•
•
•
•
•
•
FMLA – Federal entitlement
CFRA - State entitlement
PDL – State & UC entitlement (pregnancy only)
FMLA and CFRA run concurrently
FMLA and PDL run concurrently
CFRA and PDL do not run concurrently
3
Leave Management
Family Medical Leave Act/Pregnancy Disability Leave/CFRA
HIPAA & FML
The Federal Health Insurance Portability and Accountability Act
(HIPAA) is a law that protects a patient’s medical information from
being distributed to others without the patient’s consent. If HIPAA is
violated, supervisors can be held personally liable for the violation
and fined up to $15,000.
If you have HIPAA concerns, please contact the Staff Personnel Unit
immediately.
4
Leave Management
Family Medical Leave Act/Pregnancy Disability Leave/CFRA
Determining FML Eligibility
• Employee must have at least 12 months of University service (does
not need to be consecutive months)
• Employee has worked 1250 hours in the consecutive 12 months
immediately preceding the leave
• Has an illness, injury, impairment or physical/mental condition
which is considered a Serious Health Condition
Exceptions
• Employed
• Pregnant
5
Leave Management
Family Medical Leave Act/Pregnancy Disability Leave/CFRA
Amount of Leave Entitlement
An eligible employee is generally entitled to 12 workweeks of FML in
a calendar year.
• That means no more than 12 workweeks for that particular
employee.
• For employees who work part time or alternative work schedules
the entitlement is calculated on a prorated basis.
6
Leave Management
Family Medical Leave Act/Pregnancy Disability Leave/CFRA
How Can Leave be Taken?
• In blocks of time
• Intermittently (tracked by the supervisor on a regular basis, on the
intermittent leave tracking form)
• By working a reduced schedule
• Calculated in: 15 minute increments, hours, days, weeks, months
• Prorated based on appointment percentage
7
Leave Management
Family Medical Leave Act/Pregnancy Disability Leave/CFRA
Qualifying Reasons for Leave
•
For the employee’s own serious health condition (SHC).
•
For the employee’s pregnancy related disability. (Pregnancy Disability
Leave)
•
As parental leave to bond with the employee’s newborn, or foster care
child (within 12 months of the child’s birth or placement, as applicable.
•
To care for employee’s family member (child, spouse, same or opposite sex
domestic partner or parent) who has an SHC.
•
As military caregiver leave to care for a covered service member with a
serious injury or illness incurred in the line of duty.
•
As qualifying exigency leave to care for family related issues, including
childcare when a family member has been called to active duty or notified
of an impending call to duty.
8
Leave Management
Family Medical Leave Act/Pregnancy Disability Leave/CFRA
When to Give the Employee the FML Packet
The supervisor should give the employee the FML packet provided by
the SPU whenever they become aware of a possible condition. This
could mean the employee is out for five days, or that the employee has
made a comment, or others have seen an indication that the need for
leave could be serious.
9
Leave Management
Supervisor Responsibilities
• Notify the Staff Personnel Unit of any impending leaves, as
soon as possible
• Notify the employee of their need to contact the UCD campus
benefits office for their continuing benefits and disability
possibilities
• After the SPU provides you with the FML packet, review the
packet with the employee and turn in all appropriate
documents to the SPU, once complete
10
Leave Management
Supervisor Responsibilities
• Contact the SPU with the return to work certification once
the employee has returned from leave
• Follow up with the employee to ensure they have filled
out/completed all of the appropriate documentation
• Maintain confidentiality at all times. The employees medical
file and personnel files should be kept separate
• If the leave is intermittent, work with the employee, BOC and
SPU to track.
• Contact the SPU with any questions or concerns at
[email protected]
11
Leave Management
Work Contingency Plan
A work contingency plan is necessary when an employee is going to be
on an extended leave and whose duties will still need to be fulfilled
while the employee is out. The plan will set out what duties will be
done by who and what types of work may be temporarily reassigned
while the employee is on an extended absence.
You may contact [email protected] with any questions
on reassigning duties.
12
Leave Management
Interactive Process
The department must engage an employee in the Interactive Process
to evaluate whether job modifications can be made which enable the
employee to continue to perform the essential functions of the job
when:
• An employee is out for a prolonged disability leave
• An employee discloses that s/he has a disability impacting his/her
job
• An employee provides medical information describing prolonged
or permanent impairments
13
Leave Management
Reasonable Accommodation
"Reasonable Accommodation" is a reasonable change or modification
that will enable an employee to perform the essential functions of the
job. When an employee has prolonged or permanent disabilities that
impair the employee's ability to perform his/her job, an effort must be
made by the unit to provide accommodation to enable the employee to
work in a modified capacity or change to a more suitable position.
14
Leave Management
Leave of Absence Effect on Benefits
An employee’s leave may have a significant impact on their benefits, therefore
an employee should contact the Benefits Office before (a) starting a leave, (b)
changing to leave without pay, and (c) returning from leave.
In many circumstances, an employee may be eligible for some type of benefit
to assist them during the medical leave.
Catastrophic Leave – Vacation time donated to support employee on leave
University Paid Disability – Disability benefit accrued through the University
Supplemental Disability – Disability benefit accrued by paying into the
system
15
Leave Management
Catastrophic Leave
This program allows employees to donate accrued vacation to support a
colleague who has exhausted his or her paid leave due to a catastrophic illness.
Eligibility
•
Holds a career appointment
•
Passed probation
•
Requests the catastrophic leave during or before the leave, not after
•
Recipient must exhaust all paid leave
•
Is in a collective bargaining unit that participates in the program or is a
non-represented employee
16
Leave Management
University Paid Disability
Eligibility
•
Is a member of a Defined Benefit Retirement Plan to which the University
contributes (such as UCRP, PERS, etc.)
•
Is appointed in a position at least 50% time for 12 months or more, and
•
Maintains an average regular paid time equal to 20 hours or more per
week.
Note: University Paid Disability is processed through the UC Davis campus
benefits office. They can be reached at (530) 752-1774
17
Leave Management
Supplemental Disability
Eligibility
•
You are a member of a Defined Benefit Retirement Plan to which the
University contributes (such as UCRP, PERS, etc.), and
•
You maintain average regular paid time equal to 17.5 hours or more per
week.
•
Have enrolled and pay the monthly premium for supplemental disability
benefits
Note: Supplemental Disability is processed through the UC Davis campus
benefits office. They can be reached at (530) 752-1774
18
Leave Management
Workers Compensation
While Workers Compensation is not the same as Family Medical Leave
and is considered a separate entitlement, supervisors are encouraged
to work with the employee to “provisionally designate” a Workers
Compensation (WC) case as Family Medical Leave, pending approval
from our third party vendor on the Workers Compensation case.
19