Transcript Main Title - Case Western Reserve University

STAFF DEVELOPMENT SEMINAR
FMLA
Paid Parental Leave
Service Member Family Leave
ADA
OBJECTIVES
► General understanding of FMLA provisions and terminology
► Understand the leave of absence process
► Review difference between paid and unpaid leave
► Be familiar with eligibility for and benefits of Paid
Parental Leave
► Understand new military and service member
provisions
► Be familiar with impact of updated ADA
Family and Medical Leave Act (FMLA)
Overview of Law
The FMLA
►enacted in 1993; amended 2008
►provides up to 12 weeks (26 weeks
for service member family leave)
unpaid leave for “eligible employees”
►protects job and benefits for 12
weeks (26 weeks for service member
family leave)
Family and Medical Leave Act (FMLA)
Definitions
“Eligible Employee”
Has been employed by Case for 12 months prior to
starting a leave.
Has worked at least 1250 hours in the 12 months
immediately preceding the leave.
(50 employees within 75 miles of work site.)
“Leave of absence”
Absence of more than 5 consecutive days for the
same reason (Attendance, I-9).
Family and Medical Leave Act (FMLA)
“Eligibility Date”
The date of the employee’s first FMLA leave within the
previous 12 months.
“Family”
► Spouse as recognized by State of Ohio
► Domestic partner who has met requirements for receipt
of domestic partner benefits under Case policy
► Son, Daughter
► Parent/Guardian
Family and Medical Leave Act (FMLA)
“Serious Health Condition”
Illness, injury, impairment, physical or mental condition that
involves:
► inpatient care and/or
► continuing treatment w/ inability to work (incapacity) or
► continuing treatment w/health care provider 2 or more times
1st visit within 7 days of incapacity
2nd visit within 30 days of incapacity
► acute (appendicitis) or chronic (diabetes)
EXCLUSIONS: cosmetic, cold, flu, ear ache, upset stomach,
routine dental
Family and Medical Leave Act (FMLA)
“Personal medical”
Illness of employee.
“Family medical”
Illness of employee’s family member.
“Parenting”
Care, nurturing of new child as a result of childbirth
adoption or foster custody within 12 months of birth or
placement and unrelated to serious health condition.
“Intermittent Leave”
Time off for serious health condition taken as reduced
work schedule.
Family and Medical Leave Act (FMLA)
PAID LEAVE OF ABSENCE
Sick Pay
Personal medical: Use all you have before going on an unpaid
leave
Family medical: Option to use up to 8 days total annually in
combination with bereavement.
Parenting (Paid Parental Leave)
Vacation Pay
Used after sick pay is exhausted.
All employees must use all sick pay then all vacation pay before
going on an unpaid leave of absence.
Family and Medical Leave Act (FMLA)
Benefit Continuation
Benefits maintained until the end of the month in which
the 12 weeks FMLA leave expires.
Example:
Leave start date: 9/15
FMLA expires as of 12/8
Benefits terminated 12/31
Sign up for COBRA as of 1/1
Family and Medical Leave Act (FMLA)
UNPAID LEAVE OF ABSENCE
Benefits maintained until the end of the month
in which the 12 weeks FMLA leave expires. Upon
return to work, employee’s normal contributions
towards benefits will be deducted from paycheck.
Job restoration
Employee’s position or equivalent will be held
for 12 weeks during a 12-month period.
Family and Medical Leave Act (FMLA)
THE PROCESS
► Employee tells supervisor of need for leave 30
days in advance of foreseeable need. Otherwise as
soon as practicable.
► Employee and supervisor complete the Leave of
Absence form.
Form must be complete
► Employee obtains completed documentation from
his/her health care provider and sends to Employee
Relations.
Family and Medical Leave Act (FMLA)
THE PROCESS
► Employee Relations reviews the request and issues
response advising employee if leave approved or
disapproved.
► Employee Relations follows up with employee if medical
information is not provided, is not complete, or is illegible.
► Employee Relations follows up with employee’s health
care provider if employee does not respond in 7 days.
► Employee visits health care provider at least 2 times
within 30 days of start of incapacity – the first visit must
occur within 7 days of the first day of incapacity.
Family and Medical Leave Act (FMLA)
THE PROCESS (cont.)
► Upon return to work, employee provides supervisor or
Employee Relations with written release by health care
provider for employee to return to work.
► The supervisor completes the Return to Work section at
the very bottom of the LOA form.
► The release and the LOA form are sent to Employee
Relations.
► If release specifies reduced work schedule, the
employee is returned to work on “Intermittent Leave”.
► Once release to return to full time schedule, release and
LOA form are sent to Employee Relations.
NEW POLICY
Paid Parental Leave
Effective November 1, 2008
Overview of Benefit
This policy allows for a specified period of paid
leave, not employee-earned, to be taken within 12
months following the birth or adoption of a child
and is administered in conjunction with the Family
and Medical Leave Act of 1993 (FMLA).
NEW POLICY
Paid Parental Leave
Effective November 1, 2008
Purpose of Benefit
Provide additional paid time off that can be
taken by the birth mother, parent, or adoptive
parent to recover from childbirth, or to care for
a new child as a result of childbirth or
adoption. Paid Parental Leave may be
combined with other employee earned paid
time off, i.e., paid sick and/or vacation time, to
achieve the maximum amount of paid time off
from work.
Paid Parental Leave cont.
Eligibility
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Includes:
Employee: only categories 1, 2, and 3
Eligible Employee: same as FMLA eligibility
12 months employed at CWRU AND
1250 hours worked preceding 12 months
Birth or adoption on or after November 1, 2008
This excludes:
Category 0 - Faculty
Category 1, 2, or 3 employees who do not qualify for
leave under FMLA
Birth or adoption prior to November 1, 2008
Paid Parental Leave (cont.)
Specifically -
Up to six (6) weeks paid parental leave to the
►
birth mother to recover from childbirth and/or
to care for and bond with the newborn within 12
months of birth;
►
primary care giver to care for and bond with
a newly adopted child within 12 months from
placement
Paid Parental Leave (cont.)
AND IF APPLICABLE
Up to three (3) weeks paid parental leave to the
►
other parent (including domestic partners) to
care for and bond with a newborn child within 12
months of birth;
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other parent (including domestic partners) who
are non-primary caregivers to care for and bond with a
newly adopted child within 12 months from placement.
Paid Parental Leave (cont.)
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If both parents/partners are employees, the maximum
paid parental leave for both employees together is nine (9)
weeks:
6 weeks for the birth mother or primary care-giver and
3 weeks for the other parent (including domestic
partners) who is not the primary care-giver.
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No more than 6 weeks of paid parental leave is
provided per employee per birth or adoption event. The
number of children born or adopted at the same time will not
affect the length of the paid parental leave for that event.
Paid Parental Leave (cont.)
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Birth mothers can use paid parental
leave in addition to their sick and vacation
time at any point after delivery during the
leave.
Paid Parental Leave (cont.)
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Intermittent parenting leave only with
supervisor’s approval in consultation with
Employee Relations
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Paid by parental leave or vacation
Paid Parental Leave (cont.)
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Employees on Paid vs. Unpaid
Parental leave – same as leave
under FMLA
Family and Medical Leave Act (FMLA)
PAID LEAVE OF ABSENCE
Sick Pay
Personal medical: Use all you have before going on an unpaid
leave
Family medical: Option to use up to 8 days total annually in
combination with bereavement.
Parenting (Paid Parental Leave)
Vacation Pay
Used after sick pay is exhausted.
All employees must use all sick pay then all vacation pay before
going on an unpaid leave of absence.
Paid Parental Leave (cont.)
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▪
Employees on unpaid parental leave:
▪
remain in the Benelect program for 12 weeks
according to plan provisions.
▪
will not accrue service time except toward their
retirement plan vesting.
▪
adjustments will be made to their paycheck for
Benelect payments made on their behalf (RTW).
must have exhausted all paid parental leave, sick
pay (birth mother), and vacation pay.
Paid Parental Leave (cont.)
DOCUMENTATION
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Leave of Absence form (30 days)
Certificate of Health Care Provider (birth mother)
Release to Return to Work (birth mother)
Proof of Childbirth Letter (other parent)
Certification of Placement (adoptive parent,
primary or non-primary caregiver)
HCM: TRC code “PPL” will appear in January 2009
after adjustment. Once available update Time
History if necessary.
Family and Medical Leave Act (FMLA)
Family Military
Service Member
Family and Medical Leave Act (FMLA)
Family Military Service Member Reasons:
1. Any qualifying exigency arising out of the spouse,
child, or parent of the employee is on active duty
(or has been notified of an impending call or order
to active duty) Up to 12 weeks.
2. Care for a service member's serious injury or
illness incurred in the line of duty on active duty.
Up to 26 weeks of all types of FMLA leave during a
12-month period.
► Documentation from the United States
government is required.
Family and Medical Leave Act (FMLA)
Family Military Service Member Reasons (cont.):
► Supervisor
is responsible for
determining how to continue quality
operations while the employee’s
position, or equivalent position, is being
held for 12 or 26 weeks if applicable.
Americans with Disabilities Act
Amendments to the Law:
ADA Amendments Act
Major Life Activities
Major life activities had been limited to those
activities that are central importance to daily
life.
In 2009, the Act expands scope of individuals
covered by ADA by adding broader definition
of major life activities that a disability has to
affect.
-- disability applies to a physical or mental
impairment that substantially limits one
or more major life activities
Major Life Activities (cont.)
-- “Major life activities” now includes more activities
including caring for oneself, performing manual
tasks, seeing, hearing, eating, sleeping, walking,
standing, bending, speaking, breathing, learning,
reading, thinking, concentrating, communicating,
working.
-- Also expanded to include major bodily functions
such as the immune system, normal cell growth,
digestive, brain, respiratory, reproductive functions
etc.
Requirement for Disability Remains
Any disability must still “substantially limit” a major life
activity to be considered a disability.
But “substantially limits” will be read less strictly than it
was before.
Employees in remission can be disabled.
Note: The disability does not have to substantially limit
an activity related to work (i.e. insomnia – may
substantially limit sleeping although not related to a
job function directly)
Mitigating Measures
Are you disabled if you could take medication to take
care of the problem?
Under old law, you were not disabled.
Under new law, you are disabled.
Mitigating measures (i.e. medication, prosthetics,
hearing aids, assistive technology, medical equipment
etc.) are not considered in whether an employee is
disabled.
Exception: eyeglasses or contacts
Effective Date
Changes are effective January 1, 2009.
Contact HR or EOD Offices
Supervisors should not try to determine if an employee
is disabled or provide accommodations for a disabled
employee.
Contact Equal Opportunity & Diversity at 368-8877 to
discuss any disability issue or request for
accommodation.
Contact Employee Relations at 368-2268 for referral
information.
SUMMARY
► FMLA provisions and terminology
► Leave of absence process
► Paid and unpaid leave
► Paid Parental Leave
► New military and service member provisions
► Updated ADA
Questions:
CONTACT INFORMATION
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Shalice Smedley, 368-2268
Kathy Willson, 368-0195
Carolyn Gerich, 368-2458
Lorraine Watson, 368-4503