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Leave Policies and Practices Presented by Human Resource Services rev. October 2009 Objectives Overview of: • Leave available at WSU • Family Medical Leave Act (FMLA) • Medical Leave • Family Care Leave • Shared Leave • Resources, References and Processes Leave Available through WSU • • • • • • • Annual Leave Sick Leave Holidays Personal Holiday Compensatory Time Family Medical Leave Domestic Violence Leave • • • • • • • Shared Leave Leave Without Pay Civil Leave Military Leave Military Family Leave Parental Lave Work-Related Injury/ Illness Leave Leave Policies Civil Service WAC 357-31 BPPM 60.57 Collective Bargaining Unit Collective Bargaining Unit Agreement Administrative Professional AP Handbook BPPM 60.56 Faculty Faculty Manual BPPM 60.56 Requesting Leave Requests for Annual Leave and LWOP • Submit request to Supervisor • Make a timely request • Supervisor informs employee as to whether or not leave is approved. Requesting Leave Exception: Medical Leave requests are administered through Human Resource Services. 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. Medical Leave Requests Need for medical leave identified – A period of full-time or part-time leave or – For an ongoing intermittent basis Employees are referred to HRS. If unsure, discuss with HRS. HRS assists with coordinating medical leave. Medical Leave Kit Available on the HRS Website: www.hrs.wsu.ed u Managers ToolKit FORMS Employer: Employee’s Leave Request Medical Certification For ee’s condition For eligible family member’s condition Other Certification forms and Work Assessment form available online. Notification of Leave Request HRS will provide department with information throughout the process consisting of email notifications, and official correspondence. Types of Medical Leave • Family Medical Leave • Medical Leave • Family Care Leave • Shared Leave • Leave as a Reasonable Accommodation Family Medical Leave Eligible Qualifying Event Eligible Employee Leave Provisions Benefits of 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’d: •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 Eligible Employee: • Employed for at least 12 months • Paid for at least 1,250 hours of work during the 12 month period immediately preceding the request for FML Family Medical Leave Leave Provisions for Eligible Employees: • • • • Twelve weeks of leave each twelve month period for a qualifying event • 26 weeks for care of military family member Employee can choose how to use leave Leave can be for a block of time, reduced work schedule, or used intermittently Twelve month period starts from first day of usage and runs for following 12 months Family Medical Leave Benefits for Employees: • Job protected leave • Employer insurance premiums paid during FML period Medical Leave Medical Leave may provide additional benefits to employees as specified in the: • BPPM • Collective Bargaining Agreement • Administrative Professional • Handbook Faculty Manual Medical Leave Benefits • Allows for an additional 4th month of insurance benefits beyond the FML period 8 hours paid status in 4th month • Allows for employees not eligible for FML to be covered under Medical Leave 8 hours paid status each month Family Care Leave • An employee is able to take paid leave to care for an eligible family member. • If eligible for FML, leave will first be 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 Leave as a Reasonable Accommodation If an employee needs to take leave beyond FML and/or the four month Medical Leave period, they may be eligible to be granted leave as a Reasonable Accommodation. Shared Leave Benefits for Employees: Allows state employees to donate their leave to other employees who have depleted their leave balances, and need to take time off due to a “qualifying event”. Shared Leave Qualifying Events: • Employee must be suffering from an extraordinary or severe diagnosed medical condition, OR • Have a relative or household member suffering from an extraordinary or severe diagnosed condition Shared Leave Leave Provisions • Maximum amount of shared leave to receive per event is 90 calendar days Or the equivalent of LTD waiting period, whichever is shorter • Maximum amount of shared leave to receive over career with state is 261 days, or 2088 hours. Return To Work If needed, attending Physician completes: • Work Assessment form • Identifies capabilities and limitations • Duration of limitations HRS will notify supervisor, employee and department head of limitations and duration Modified Duties • Part-time/alternate schedule • New duties - same knowledge • Change building or location • Different equipment or work methods • Special projects • Hourly worker’s duties Department Responsibilities What to do • • • • • Send employee to HRS Notify HRS of the possible need for leave Send medical documentation to HRS Keep conversations “private” Be an active, constructive participant in the leave process What not to do • Assume anything • Keep any medical documentation • Discuss employee condition with others • Try to “handle it yourself” HRS Services • • • Leave requests and questions Return to Work (RTW) issues Provide assistance and guidance if employee’s leave issues are impacting performance expectations • • • • • • Resources WAC 357-31 BPPM 60.56, and 60.57 Collective Bargaining Unit Agreements Administrative Professional Handbook Faculty Manual Managers Toolkit – www.hrs.wsu.edu Human Resource Services, 335-4521