Protected Leave Entitlements

1. Protected Leave Entitlements Overview for Managers Ellen Loyd, PHR, SPHRca May 2017

2. PROTECTED LEAVE ENTITLEMENTS • Family and Medical Leave Act (FMLA) • Pregnancy Disability Leave Laws (PDLL) • California Family Rights Act (CFRA) • Workers’ Compensation • Other Protected Leaves • Requesting a Leave - Employee, Supervisor and HR Responsibilities Pregnancy Disability for Managers

3. What are the Protected leave entitlements?

4. FMLAFamily and Medical Leave Act of 1993

5. Serious Health Condition "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves: Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or A period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or Any period of incapacity due to pregnancy, or for prenatal care; or Any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.); or, Any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.). DOL Wage and Hour Division (WHD) Fact Sheet

6. FMLA Eligibility and Entitlement • To qualify, you must have at least: • 12 months of cumulative University service (need not be consecutive) and • Physically Worked at least 1,250 hours during the 12 months prior to the requested leave. Vacation , sick leave, holiday, and paid administrative leave hours do not count towards the 1,250 • “Provides 12 workweeks (or 480 hours for an employee working 40 hours a week) of protected leave per calendar year • UC contributions for medical, dental, and vision plans continue during this period on the same terms as if you had been working • Job Protected Leave

7. Supplemental FML Under Personnel Policies for Staff Members (PPSM), supplemental FML may be used for: • An FML qualifying event (e.g. your own SHC, SHC of a designated family member, bonding); • If the need for FML that is in progress continues beyond the federal FML period; • An additional twelve (12) workweeks or until the end of the calendar year, whichever is less; and • Sustained and/or intermittent leave

8. CFRA California Family Rights Act • It allows 12 weeks/calendar year of protected time off to bond with newborn/adopted child • It can begin when PDL Leave ends • If you qualify for FMLA at the time PDL begins, you need not re-qualify for CFRA leave if you take baby bonding leave immediately after the PDL ends • CFRA may run concurrently with FMLA (if FMLA entitlement remains) • UC contributions for medical, dental, and vision continue during this period on the same terms as if working • Job Protected Leave

9. CFRA NOTES • CFRA leave for baby bonding must be taken within 1 year of the birth/placement of the child • “Reduced Schedule or Intermittent Leave • The basic minimum duration of any Parental Bonding Leave is two (2) weeks. However, the University will grant an employee’s request for a Parental Bonding Leave of less than two (2) weeks’ duration on any two occasions. Otherwise, the employee may only take Parental Bonding leave for a period of less than two (2) weeks or intermittently or on a reduced schedule at the discretion of the employee’s supervisor and then only according to an agreed schedule.”

10. Pregnancy Disability Leave Laws • In California, an employee may take up to 4 months of unpaid leave for a pregnancy-related disability • PDL runs concurrently with FMLA up to 12 work weeks • Medically Advisable • UC contributions for medical, dental, and vision plans continue during this period on the same terms as if you had been working • Job Protected Leave • PDL may include, but is not limited to, additional or more frequent breaks, time for prenatal or postnatal medical appointments, doctor-ordered bed rest, “severe morning sickness,” gestational diabetes, pregnancy-induced hypertension, preeclampsia, recovery from childbirth or loss or end of pregnancy, and/or post-partum depression. PDL Pregnancy Disability Leave

11. FMLA and PDL run concurrently • After PDL is exhausted or employee is no longer disabled (whichever is earlier) CFRA begins employee has 12 weeks leave under CFRA to bond with child • Employee may be entitled up to a total of 7 months leave (4 months PDL + 3 months CFRA)

12. Scenario

13. Pregnancy Disability Leave Workshop To enroll: Go to the UC Learning Center Log in with your employee ID Search for "pregnancy" Select and register for your desired session https://learningcenter.ucsfmedicalcenter.org/

14. Workers’ Compensation • State-mandated insurance program for employees who incur job-related injuries and illnesses. • California employers are required by law to have workers' compensation insurance, even if they have only one employee. These laws are based on the CA Labor Code • UC is self-insured for worker’s compensation through a Third Party Administrator (TPA) - Sedgwick. • You must report the injury within 24 hours. To do so, complete the Employee Incident Form (HR workers’ compensation page) or call 1-877-682-7778 • If the employee is hospitalized, this MUST BE reported to OSHA within 8 hours. Notify EH&S and DMS immediately. • Time off for a work related injury may run concurrently with FML. If the employee is not FML eligible, we still cannot deny WC leave

15. Other Protected Leave Entitlements • Kin Care – take ½ of sick leave accrued annually to care for an ill close family member • School Partnership Act – parents/guardians may take up to 40 hours unpaid leave/year to participate in school-approved activities • Victims of Domestic Violence & Sexual Assault –job protected leave to seek services related to domestic violence, sexual assault, attend court and/or obtain a restraining order • Lactation Accommodations -breastfeeding mothers can use their regular paid breaks to pump milk. If more time is needed additional unpaid break time must be provided. For more info consult HR/LER

16. Reasonable Accommodation • State and Federal law requires covered employers to reasonably accommodate an employee’s disability. • Certification from a health care provider outlining the work restrictions is required to ensure we have an understanding of: • The date the restrictions became medically advisable. • The probable duration of the restrictions. • Good faith interactions to determine what accommodations, if any, will allow the employee to return to work.

17. Who is responsible for what when a leave is needed?

18. Employee Responsibilities • Notify Supervisor/Dept. if LOA is needed 30 days in advance, if practicable • Request FML packet from the HR Generalist • Work with health care provider to insure medical certification is returned within 15 days • Complete & return Leave of Absence (LOA) form to HR Generalist. • Review the LOA dates, personal payments and disability payment options and plan out LOA pay and balance usage.

19. Employee Responsibilities • Use agreed upon call in procedures to notify of absences • Designate FML at the time of notice (e.g. when s/he calls in that day) • Appropriately document FML time in HBS and/or to HR Generalist • Confer with appropriate parties on establishing work hand-offs

20. Employee Responsibilities • Continue to follow UC and dept. policies and work rules • Check in with supervisor and/or HR to confirm return to work date. • Submit timely documentation if the leave is extended and/or accommodations are required as part of the return to work process

21. Supervisor Responsibilities • If the employee discloses enough information to lead you to believe a protected leave may be necessary, refer the employee to HR. • Follow up with the employee in writing and cc: the HR Generalist. Do not hesitate to ask HR for help communicating. • If an employee is out for 3 consecutive (full or partial) days, notify the HR Generalist of their absenceso they can initiate the leave process as appropriate. • Forward any medical documentation to HR Generalist; be sure you have an understanding of the duration and type of leave. • Sign the LOA form upon receipt – you cannot deny a protected leave

22. Supervisor Responsibilities • Monitor completion of time sheets in HBS. You must review each pay period to ensure that employees on: • Full LOA are not to be completing time sheets • Intermittent LOA are reporting their use consistent with the amount of leave taken. • If you receive the employee’s release to return to work note, forward it to your HR Generalist. • If the employee returns absent medical documentation, confer with HR Generalist as to whether a release was provided to HR or if the employee needs to be instructed to leave work and obtain proper medical certification from their doctor.

23. Supervisor Responsibilities • Contact HR Generalist and/or DMS if the employee returns with restrictions and assistance is needed in accommodating the restrictions or developing a transitional work plan (TWP) • Work with your HR Generalists on assessing options for continuation of business needs (e.g. temp, contract employee, reassignment of some tasks to another staff, etc.). • Contact Labor Relations for guidance on implementation of performance improvement/disciplinary actions needed upon return to work, time frame for regular performance evaluations, etc.

24. HR’s Responsibilities • The HR Generalist helps you manage the leave by: • Noticing and designating protected leaves and providing appropriate leave of absence forms • Provide guidance to the department and employee (requesting updated documentation to ensure that they have correct information regarding the leave) • Advising employee/supervisor on inputting hours in HBS • Providing general leave information.

25. Who are your Resources? • Find my HR rep: https://srs.ucsf.edu/hr.php?function=hrrep • Disability Manager -Judy Rosen 415-502-2760 • HR Staff Manager – Ellen Loyd 415-476-9435 • Director Staff Shared Services – Katy Rau 415-476-9689 Call us. We are here to help.