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Leave Time Overview

Leave Time Overview. Michelle K. Brackin. Four Topics . EPTO Family Medical Leave Personal Medical Leave Unpaid Leave of Absence. Emergency Paid Time Off. Employee’s illness Immediate Family Illness Employee’s parents Employee’s children Employee’s spouse or domestic partner

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Leave Time Overview

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  1. Leave Time Overview Michelle K. Brackin

  2. Four Topics • EPTO • Family Medical Leave • Personal Medical Leave • Unpaid Leave of Absence

  3. Emergency Paid Time Off • 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 • Personal Emergency

  4. EPTO limits • 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

  5. Family Medical Leave Act • FMLA is a federal law passed in 1993 • Protection for employees who qualify • 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 • Serious Medical Condition • Employee’s parent, child, or spouse • Birth of a child

  6. FMLA Defined • Serious Medical Condition • 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 • En Parentis Loco • Child • Minor children • Children 18 years of age or older and incapable of self-care because of a mental or physical disability

  7. Family Medical Leave Protections • 12 weeks unpaid time • 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

  8. Employee’s FMLA Responsibilities • 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

  9. Personal Medical Leave • 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

  10. Personal Medical Leave Protections • 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 • $618.45 individual per month • $1321.88 family per month

  11. NYS Disability and Workers’ Compensation • You may receive limited benefits under these two insurance programs when you are out on a leave for your own medical issues. • 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.

  12. Unpaid Leave of Absence • 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

  13. Unpaid Leave of Absence Protection • Return to a position with the same benefits and rate of pay • Health insurance and benefits continued when the employee pays the full cost

  14. Unpaid Leave of Absence Responsibilities • Written request with the start and end date • 10 days notice • You must return on the date specified

  15. Summary • 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

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