Transcript Leave of Absences in a Collective Bargaining Environment

UCCE Sonoma County
ANR/HR Briefing
FMLA, CFRA,
PDL and
Benefits
7/24/2007
FMLA/CFRA/PDL
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
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Family and Medical Leave Act and
California Family Rights Act
(FMLA/CFRA)
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Federal and state leave laws
Eligibility Requirements
 12 months of University service
 1250 hours in the consecutive 12
months immediately preceding the
leave
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Reasons for taking
FMLA/CFRA
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Medical Leave
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Family Care
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Employee’s own serious health condition
Care for the employee’s parent, spouse, or
child that has a serious health condition
Baby Bonding
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Birth, adoption or foster care placement
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What is a Serious Health
Condition?
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An illness, injury, impairment or
physical/mental condition that involves:
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Inpatient care
Continuing treatment by a health care
provider (HCP) for a condition that causes
more than 3 calendar days of incapacity and
two or more treatments by the HCP
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What is a Serious Health
Condition: Cont.
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One treatment by a HCP and a regimen
of continuing treatment under the HCP’s
supervision
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Chronic serious health condition
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Permanent condition
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Multiple treatments
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Good News!
Not a Serious Health Condition
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Common cold
Common flu
Earaches
Upset stomach
Headaches (other than migraines)
Routine dental treatment
Unless complications arise from the
above listed reasons
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Who is a Health Care
Provider?
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Physician
Surgeon
Nurse practitioner
Nurse midwife
Clinical Social Worker
Licensed to practice in the state of
California, US or any other country
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Duration and Timing of the
Leave (FMLA/CFRA Only)
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Up to 12 work weeks in a 12-month period
12-week entitlement renews every calendar
year
Intermittent/reduced schedule and blocks of
time
Calculate: 15-minute increments, hours,
days, weeks, months
Prorate based on appointment percentage
30-days advanced notice when foreseeable
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Initiating the Leave

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Requested Leave:
- Determine eligibility
- Respond within 2 business days
* Follow up in writing “provisionally
designating” as FMLA or “ineligible”
 Complete the FMLA packet, if eligible
Non requested Leave:
- If employee is on leave for three days, send
FMLA packet and letter
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Medical Certification is the
Key!
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May be required for:
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Employee’s own serious health condition
Care for employee’s seriously-ill parent,
spouse or child
HCP completes and returns within
reasonable time (15 days)
Must reasonably define duration of
leave; intermittent or block of time, etc.
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Intermittent Leave - Overview
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FMLA definition
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“intermittent” = leave taken in separate
blocks of time due to a single qualifying
event
“reduced leave” = a schedule that reduces
an employee’s usual number of working
hours per work week or hours per workday
Only the intermittent leave time taken is
counted towards 12 week entitlement
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Intermittent Leave - Eligibility
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Established on the occasion of the first
absence through medical certification
Cannot require employee to establish
eligibility on each occasion of
intermittent leave usage
Must be “medically necessary” for
employee’s own SHC or SHC of family
member
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Intermittent Leave - Tracking
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Track all minutes/hours used for
intermittent leave and subtract from
entitlement
Inform employee of their
responsibility to notify supervisor
when absence is due to FMLA/CFRA
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Intermittent Leave and Baby
Bonding
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Under CFRA, employees can request
on only two separate occasions to
take baby bonding time in less than
two-week increments
Collective Bargaining agreements
give the University discretion to
require that additional baby bonding
time be in two-week increments
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Employers Obligation
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Designate FMLA
Respond within 2 business days of
request for leave
Notify employee when:
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changes occur to original notice
when something exhausts
before leave is to end
Keep accurate records
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FMLA/CFRA: Why Bother?
My Employee has Sick Leave
Available
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It’s the law!
Managers may be held personally liable
for failing to provide legal entitlements
and doing corrective action or
terminating employee for excessive
absenteeism
Protects employees from having
absences counted against them (FMLA
absences are excused)
Must treat all employees the same
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FMLA/CFRA/PDL:
How Does an Employee Get
Paid?
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FMLA/CFRA/PDL entitles an employee
to take an UNPAID leave of absence
Collective Bargaining Agreements
(Contracts) & PPSM (policy) may detail
how an employee receives pay while on
leave
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Pregnancy Disability Leave
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What is it?
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State law, only applies to female employees
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Female employee eligible to take PDL upon
first day of employment with the University
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Up to four (4) months of unpaid leave due to
pregnancy related disabling conditions
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Can take blocks of time or intermittent leave
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Pregnancy Disability
Leave
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What does it cover?
 Prenatal appointments
 Severe morning sickness
 Period of incapacity/disability both
before birth and after delivery
 Typically: 2 weeks prior to delivery
and 6-8 weeks after birth
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Pregnancy Disability Leave
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PDL can also include:
 Medical certification that employee have
modified duty restrictions in current job,
or be transferred to another position
(lighter duty) during the duration of the
pregnancy
Use of PDL
 Employee must notify supervisor if
absence is due to PDL; Ask employee to
notify supervisor of conclusion of PDL for
transition to CFRA for baby bonding
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FMLA/CFRA/PDL
…Remember the difference?
 FMLA
– Federal entitlement
 CFRA - State entitlement
 PDL – State entitlement (pregnancy
only)
 FMLA
and CFRA run concurrently
 FMLA and PDL run concurrently
 CFRA and PDL do not run
concurrently
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What Did That Last Slide
Say??
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__________________>_________________
>
Pregnancy Disability Leave Cal. Family Rights Act
6-8 weeks (Max. 4 months) 12 work weeks
________________________________>
Family and Medical Leave
12 work weeks
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PDL and FMLA run concurrently, after PDL concludes,
CFRA begins and can also run concurrently with FMLA
PDL combined with CFRA may permit a female
employee to take up to 7 months of leave
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Return to Work
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Medical certification required upon
return to work, for employee’s own SHC
Return to work may be delayed until
employee submits medical certification
Medical certification not required for
intermittent leave
FMLA: Rights to return to same or
equivalent position
PDL: Rights to return to same position
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FMLA/CFRA: Benefits
Coverage
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Always recommend your employee
contact benefits office to discuss
benefit coverage
Benefits’ Main Number: (530) 752-1774
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FMLA/CFRA:
The Paperwork and
Requirements
Family and Medical Leave Forms Packet
(http://hr.ucdavis.edu/forms/)
The department must obtain:
- Employee’s Leave of Absence Request form
- Family and Medical Leave Certification form
- Return to Work Certification form
Medical certifications must be maintained as a
confidential medical record in file separate
from employee’s personnel file
Maintain FMLA and PDL records for three years
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What the Benefits Office
Needs
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Completed Staff Leave Request form
(Benefits office only)
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Timely Payroll Personnel System entry
by the department
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Potential Problems
 Benefits
 Overpayment/non-payment
 Departmental charges
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Leaves and Insurance
Continuation
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UC Insurance Continuation
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FMLA (12 Weeks) UC provides
contributions for medical, dental and
vision premiums
 Short-Term Disability (26 weeks
maximum) UC provides medical
premium contributions (up to 7
months)
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Resources
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http://hr.ucdavis.edu/forms/
Leave of Absence Policy/Collective
Bargaining Agreement
Employee & Labor Relations
 Office of the President (510) 987-0879
 Davis Campus (530) 754-8892
Benefits Office: (530) 752-1774
Disability Management Services: (530)
752-6019
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Thank You
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Robert Martinez ANR HR/Coordinator
(510) 987-0082
[email protected]
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