Transcript Document

Leave Time Overview
Michelle K. Brackin
Four Topics
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EPTO
Family Medical Leave
Personal Medical Leave
Unpaid Leave of Absence
Emergency Paid Time Off
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Employee’s illness
Immediate Family Illness
Employee’s parents
 Employee’s children
 Employee’s spouse or domestic partner
 All corresponding in-laws, foster, and step relatives
 Anyone living in the employees household
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Personal Emergency
EPTO limits
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Employees may earn up to 1040 hours
Only 40 hours of earned EPTO may be
used in a fiscal year for family illness and
/or personal emergency
All earned EPTO may be used for the
employee’s illness
Family Medical Leave Act
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FMLA is a federal law passed in 1993
Protection for employees who qualify
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Must work for the employer one year
Must have worked 1250 hours in the past 12 months
Employer must have 50 or more employees
Qualifying Reasons
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Serious Medical Condition
Employee’s parent, child, or spouse
Birth of a child
FMLA Defined
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Serious Medical Condition
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Incapacity plus treatment more than 3 consecutive days
Inpatient Hospitalization
Incapacity due to pregnancy
Chronic permanent or long term condition supervised by a
health care provider i.e. epilepsy, Alzheimer, kidney failure
Parent
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En Parentis Loco
Child
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Minor children
Children 18 years of age or older and incapable of self-care because
of a mental or physical disability
Family Medical Leave Protections
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12 weeks unpaid time
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Use your 40 hours EPTO for family
Use all accrued time for your personal illness
Can be used intermittently as medically indicated
Return to an equivalent job
Continue to pay the employer’s portion of the
health insurance
Can’t be penalized for using FMLA time off
Employee’s FMLA Responsibilities
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Must give 30 days notice, or as much as is
practicable
Must return the medical documentation within
15 days
Must provide medical updates whenever the last
notice ends or when requested to do so
Must return on the date the medical provider
indicates
Must keep any appointments that the employer
requests with a second or third medical provider
Personal Medical Leave
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Only for employee’s serious medical
conditions
Those who do not qualify for a FMLA
Leave
After the FMLA 12 weeks are exhausted
 An employee with less than 1 year/1250 hours
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Personal Medical Leave Protections
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ASC will hold a job with the same benefits and
rate of pay
You may use accrued time
Limit of seven months of leave including FMLA
time
May not be taken intermittently
Continuation of insurance with the employee
paying the full cost
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$618.45 individual per month
$1321.88 family per month
NYS Disability and Workers’
Compensation
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You may receive limited benefits under these two
insurance programs when you are out on a leave
for your own medical issues.
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Waiting periods
Limited benefit (6 months DBL)
Use EPTO and get reimbursed
You are responsible to keep completing their
medical forms and having your medical provider
complete their forms.
Unpaid Leave of Absence
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Not necessarily for medical issues
Unpaid and you may not use your accrued time
Minimum of 30 days to a max. of 6 months
At the discretion of the Executive Director
Not for FMLA, vacation, employment, or
recreational purposes
Must be employed for 3 years
May not have another leave until the employee
has worked another 3 years
Unpaid Leave of Absence
Protection
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Return to a position with the same
benefits and rate of pay
Health insurance and benefits continued
when the employee pays the full cost
Unpaid Leave of Absence
Responsibilities
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Written request with the start and end
date
10 days notice
You must return on the date specified
Summary
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ASC has offered several leave benefits to
employees
Don’t wait to ask for information or leave
paperwork
Complete the paperwork sent to you
Follow up with your medical providers about
their required paperwork
Keep ASC informed about the need for leave
beyond any previously documented dates
Return to work on the date your doctor states