Leave Management

1. Leave Management

2. Staff Training and Toolkit Welcome to all new and seasoned staff members. The goal of this training is to orient you to the world of working in the division of Agriculture and Natural Resources. We will introduce you to the policies, tools and resources available to you and give you facts and tips to assist you. In the Family Medical Leave training you will learn what leave entitlements you have as a staff member, as well as how to track and communicate leave information with your supervisor. • Leave Management Training Objectives • To learn the most up to date FML policies • To become more familiar with what entitlements staff members have • To learn the ways a staff member may take leave • To become more familiar with the reasons a staff member may take leave • To understand the staff responsibilities in administering FML

3. Leave of Absence and FML Table of Contents Family Medical Leave Act/Pregnancy Disability Leave/CFRA Employee Responsibility Interactive Process Work Contingency Plans Reasonable Accommodation Leave of Absence Effect on Benefits Catastrophic Leave Disability Workers Compensation Frequently Asked Questions Resources

4. Leave of Absence and FML Family Medical Leave/Leave of Absence Family medical leave is the terminology used by University of California campuses and ANR for medically related leaves which includes the Family Medical Leave Act as well as the Pregnancy Disability Leave Act and the California Family Rights Act. A leave of absence occurs when an employee requests an extended leave of absence for any number of reasons, personal, medical or pregnancy disability, military. 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

5. Leave of Absence and FML Family Medical Leave/Leave of Absence HIPAA & FML The Federal Health Insurance Portability and Accountability Act (HIPAA) is a law that protects a patient’s medical information from being distributed to others without the patient’s consent. To determine whether an ailment rises to the level of a “serious condition,” we require employees to provide a doctors certification however, the employee has the right to limit to whom the information is shared with. As such, if an employee does not wish to share information with the supervisor or office manager directly, the Staff Personnel Unit will act in a fully confidentially manner, and will not share details of the condition or reason for leave.

6. Leave of Absence and FML Family Medical Leave Act/Pregnancy Disability Leave/CFRA FML Eligibility • Employee must have at least 12 months of University service (does not need to be consecutive months) • Employee has worked 1250 hours in the consecutive 12 months immediately preceding the leave • Has an illness, injury, impairment or physical/mental condition which is considered a Serious Health Condition Notes Most leave time (sick, vacation, etc.) is counted for the 12 month requirement but not for the 1,250 hour requirement. Exceptions A female employee qualifies for Pregnancy Disability Leave if she is simply: • Employed • Pregnant

7. Leave of Absence and FML Family Medical Leave Act/Pregnancy Disability Leave/CFRA Amount of Leave Entitlement An eligible employee is generally entitled to 12 workweeks of FML in a calendar year. • That means no more than 12 workweeks for the staff member requesting leave. • For employees who work part time or alternative work schedules the entitlement is calculated on a prorated basis. An employee may be entitled to more than 12 workweeks of FML in certain situations including: • If covered by PPSM and Supplemental Family Medical Leave is granted. • Where leave is taken for a combination of pregnancy, childbirth and baby bonding. (FML, CFRA, PDL), approximately 7 months may be taken under certain circumstances, contact the Staff Personnel Unit for more details. • Military Caregiver leave may be taken for up to 26 workweeks in a single 12 month period.

8. Leave of Absence and FML Family Medical Leave Act/Pregnancy Disability Leave/CFRA How Can Leave be Taken? • In blocks of time • Intermittently (tracked by the supervisor on a regular basis, on the intermittent leave tracking form) • By working a reduced schedule • Calculated in: 15 minute increments, hours, days, weeks, months • Prorated based on appointment percentage Notes For further information on how much time a staff member is allotted for their specific leave, and on what constitutes aSerious Health Condition, contact the Staff Personnel Unit at ANRStaffPersonnel@ucdavis.eduand rely on any notification given from the health care provider.

9. Leave of Absence and FML Family Medical Leave Act/Pregnancy Disability Leave/CFRA Qualifying Reasons for Leave • For the employee’s own serious health condition (SHC). • For the employee’s pregnancy related disability. (Pregnancy Disability Leave) • As parental leave to bond with the employee’s newborn, or foster care child (within 12 months of the child’s birth or placement, as applicable. • To care for employee’s family member (child, spouse, same or opposite sex domestic partner or parent) who has an SHC. • As military caregiver leave to care for a covered service member with a serious injury or illness incurred in the line of duty. • As qualifying exigency leave to care for family related issues, including childcare when a family member has been called to active duty or notified of an impending call to duty. Applying for FML/Assisting an Employee in Applying for FML In order to apply for FML you should discuss with your supervisor the leave, or contact the SPU at ANRStaffPersonnel@ucdavis.eduinbox with any questions you might have.

10. Leave of Absence and FML Employee Responsibilities • Notify the Supervisor of any impending leave – they will contact the Staff Personnel Unit for the FML paperwork • After the SPU provides the supervisor with the FML packet, fill out any necessary information and review the packet with the supervisor before turning in all appropriate documents to the SPU • Contact the UCD campus benefits office for their assistance in continuing your benefits and to discuss any disability insurance possibilities. • Once you have returned from leave, be sure to give your return to work certification to the supervisor • The supervisor shall maintain confidentiality at all times. Your medical files and personnel files should be kept separate. • If you have any questions on what type of information you need to share with your supervisor on the leave related medical condition, contact the SPU.

11. Leave of Absence and FML The Interactive Process The supervisor is responsible for engaging in the Interactive Process with the staff member in order to evaluate whether job modifications can be made which enable the employee to continue to perform the essential functions of the job when: • An employee is out for a prolonged disability leave • An employee discloses to the supervisor that s/he has a disability impacting his/her job • An employee provides medical information describing prolonged or permanent impairments. A supervisor may ask questions about the leave related medical condition or engage in conversation about the duties of the position and what changes can be made in order to assist the staff person in performing the essential job functions. If you have any questions about what types of changes/questions a supervisor may make, please contact the Staff Personnel Unit at ANRStaffPersonnel@ucdavis.edu.

12. Leave of Absence and FML Work Contingency Plan A work contingency plan is necessary when a staff person is going to be on an extended leave and whose duties will still need to be fulfilled while the employee is out. The plan will set out what duties will be done by who and what types of work may be temporarily reassigned while the employee is on an extended absence. Reasonable Accommodation "Reasonable Accommodation" is a reasonable change or modification that will enable an employee to perform the essential functions of the job. When an employee has prolonged or permanent disabilities that impair the employee's ability to perform his/her job, an effort must be made by the unit to provide accommodation to enable the employee to work in a modified capacity or change to a more suitable position. You may contact ANRStaffPersonnel@ucdavis.edu with any questions or concerns, or you may contact Disability Management Services directly (UC Davis campus) for further details by calling (530) 752-1774.

13. Leave of Absence and FML Leave of Absence Effect on Benefits ANR’s benefits run through the UC Davis campus Benefits office; they can be contacted by calling (530) 752-1774. An employee’s leave may have a significant impact on their benefits, therefore an employee shall contact the Benefits Office before (a) starting a leave, (b) changing to leave without pay, and (c) returning from leave. Notes In many circumstances, an employee may be eligible for some type of benefit to assist them during the medical leave. The types of benefits (not an exhaustive list) available are: Catastrophic Leave – Vacation time donated to support employee on leave University Paid Disability – Disability benefit accrued through the University Supplemental Disability – Disability benefit accrued by paying into the system

14. Leave of Absence and FML Catastrophic Leave This program allows an employee to donate accrued vacation to support a colleague who has exhausted his or her paid leave due to a catastrophic illness. Eligibility • Employee holds a career appointment • Passed probation • Requests the catastrophic leave during or before the leave, not after • Recipient must exhaust all paid leave • Is in a collective bargaining unit that participates in the program or is a non-represented employee Note: A qualifying medical condition for Catastrophic leave is anything a doctor determines to be a serious health condition for the staff person or a family member they are responsible to care for. In order to apply for Catastrophic Leave send your request to your supervisor, and they will contact the Staff Personnel Unit at ANRStaffPersonnel@ucdavis.edufor further information.

15. Leave of Absence and FML University Paid Disability Eligibility • Is a member of a Defined Benefit Retirement Plan to which the University contributes (such as UCRP, PERS, etc.) • Is appointed in a position at least 50% time for 12 months or more, and • Maintains an average regular paid time equal to 20 hours or more per week. Note: University Paid Disability is processed through the UC Davis campus benefits office. They can be reached at (530) 752-1774 Supplemental Disability Eligibility • You are a member of a Defined Benefit Retirement Plan to which the University contributes (such as UCRP, PERS, etc.), and • You maintain average regular paid time equal to 17.5 hours or more per week. • Have enrolled and pay the monthly premium for supplemental disability benefits Note: Supplemental Disability is processed through the UC Davis campus benefits office. They can be reached at (530) 752-1774

16. Leave of Absence and FML Workers Compensation While Workers Compensation is not the same as Family Medical Leave and is considered a separate entitlement, a supervisor may elect to “provisionally designate” a Workers Compensation (WC) case as Family Medical Leave, pending approval from our third party vendor on the Workers Compensation case. Employees often use sick leave, or vacation when they are out on Workers Compensation leave before their case has been approved. Situations can sometimes arise when a case is denied, and instead of Workers Compensation, it turns into a Family Medical Leave case. In these circumstances, it is helpful to have notified the employee of their FML entitlement and have provisionally designated the leave. If you have a Workers Compensation case, contact the Staff Personnel Unit for further details.

17. Leave of Absence and FML Frequently Asked Questions Why bother with FML? FML is a considerable benefit to the employee and the unit. It protects the employee from having absences counted against them as well as protects their position during the time of the medically protected leave. What is considered a Serious Health Condition? An Illness, injury, impairment or physical/mental condition that involves: • A condition that requires inpatient care • A condition that requires continuing treatment by a healthcare provider • A condition that causes incapacitation These can be: • A Chronic Serious Health Condition • A Permanent Health Condition • A Multiple Treatment Condition • An Acute Condition

18. Leave of Absence and FML Frequently Asked Questions What happens when an employee combines FML with PDL and CFRA? They are entitled to a possible combined total of 7 (seven) months of leave because FML runs concurrently with PDL for a total of 4 months of possible leave and 12 weeks of CFRA which does not run concurrently with PDL. Is an employee required to take sick leave before their vacation while on an FML designated leave? In some circumstances, yes. This depends on their union contract and if you have specific questions on whether you need to take sick leave first, your supervisor can work with the Staff Personnel Unit to determine. Does PDL cover morning sickness? PDL covers many pregnancy related symptoms including severe morning sickness. It also covers prenatal appointments and a period of incapacitation before and after the childbirth. If there are any questions, work with a doctor, your supervisor or contact the Staff Personnel Unit.

19. Leave of Absence and FML Frequently Asked Questions I have taken several days off this week for the flu, is this considered FML? Not usually, unless complications present itself, the common flu, the common cold, and other routine issues such as dental work and earaches do not in and of itself constitute an FML related leave. This would be taken as normal sick leave unless further information is received that the situation has worsened or complications have arisen. I received a note from a Nurse Practitioner, is this ok? Yes, there are many individuals who are considered Health Care Providers, including physicians, surgeons, nurse midwifes, nurse practitioners, clinical social workers and others who are licensed to practice in the state of California, the US or any other country. My employee is taking 12 weeks at the end of the year, does that mean the FML entitlements will start over in January? Yes possibly. Even though the employee is taking their full leave entitlement, eligibility renews every calendar year, meaning they may be able to take another 12 weeks at the beginning of the next year. This is however only if the employee can re-qualify based on their hours worked in the year prior to the leave.

20. Leave of Absence and FML Frequently Asked Questions I have a 50% time employee, are they eligible? The employee will need to qualify based on their hours worked, and the duration of their employment but a reduced schedule at 50% will not usually allow them to qualify. Their hours of eligibility is prorated based on their appointment percentage. This person would be entitled to 50% of the usual 12 week benefit. My employee is on Intermittent Leave but it has been six months, can I have them recertify the leave? No, the leave is based on the first doctors certification and as long as the certification states that the end date has not passed, there is no need, or requirement to recertify. The recertification will need to be done when nearing or at the end date of the previous doctors certification. What if an I want to come back to work, but do not have a release to work certification? An employee who is put out on leave must be given a release from a doctor in order to return. If you are having trouble getting a release, please contact the SPU.

21. Leave of Absence and FML Frequently Asked Questions My supervisor has told me I am not eligible for FML, what can I do? Family Medical leave eligibility is determined in the Staff Personnel Unit based on a certification from a health care practitioner. We look at information such as service, hours worked in the prior year and union in order to determine eligibility. If a supervisor has stated that you are not eligible, it may be one of these things, however, please feel free to contact the Staff Personnel Unit to discuss. I do not want to share any medical information with my supervisor, what can I do? You do not need to share this information with a supervisor, but must share it with someone in order to go out on an approved leave. The Staff Personnel Unit can assist you by acting in a strictly confidential manner, or we can work with a third party facilitator in Disability Management who can work with you directly. Feel free to contact us to ask questions, even if you do not have details you would like to share.

22. Leave of Absence and FML Frequently Asked Questions What if I am NOT eligible for FML? FML is not the only way an employee can take leave, there are still other entitlements that they may be eligible for, so discuss with your supervisor, or contact the Staff Personnel Unit if this situation arises. The employee could consider catastrophic leave, university or supplemental disability or workers compensation if it is a work related injury. These other types of leaves are ran through the UC Davis campus, however the Staff Personnel Unit should be your first point of contact in determining next steps when a leave occurs. My supervisor wants to document performance issues for times I was covered under FML, what can I do? Contact the Staff Personnel Unit as soon as possible, we will work with you to separate out the medical leave with the performance issues and can assist you in determining next steps. We can assist with reasonable accommodation requests/needs, developing an appropriate performance evaluation, creating a usable work plan, and many other issues you may be experiencing during this time.

23. Leave of Absence and FML Frequently Asked Questions What if I do not want to use FML? An employee cannot opt out of using their FML entitlement if they are eligible. Many employees feel overwhelmed by the FML paperwork, however, in order to take any kind of long term medical leave a doctors note is required, and so is a return to work certification which is the basis for all FML paperwork. If you are having trouble filling out the paperwork or have other concerns, please feel free to contact the SPU. I still have questions, what should I do? Always feel free to contact the Staff Personnel Unit at ANRStaffPersonnel@ucdavis.edu. We are here to assist with any usual or unusual problems they may occur. If you find you need immediate assistance, please call: 530-752-4540.

24. Leave of Absence and FML Non Discrimination Policy The University of California, in accordance with applicable Federal and State law and University policy, does not discriminate on the basis of race, color, national origin, religion, sex, gender identity, pregnancy (including childbirth and related medical conditions), physical or mental disability, age, medical condition (cancer-related or genetic characteristics), ancestry, marital status, citizenship, sexual orientation, or service in the uniformed services (includes membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services). The University also prohibits sexual harassment. This nondiscrimination policy covers admission, access, and treatment in University programs and activities. Resources • ANR Staff Personnel Unit ANRStaffPersonnel@ucdavis.edu • UC Davis Benefits Office (530) 752-1774 or http://www.ucdmc.ucdavis.edu/hr/departments/Benefits • Disability Management Services (530) 752-6019

25. Leave of Absence and FML Resources • UC Davis FMLA Toolkit http://www.hr.ucdavis.edu/employee/leave-time-off/Fmla_booklet/new-fmla-kit/ • FML Guide: http://atyourservice.ucop.edu/administrators/docs/fml_guide.pdf • FML Checklist http://atyourservice.ucop.edu/forms_pubs/checklists_factsheets/fam_med_leave_checklist.pdf • The Interactive Process: http://www.ucdmc.ucdavis.edu/hr/hrdepts/hr_bulletins/Docs/HRBulletin_Interactive_Process.pdf • Leave Tracking for Exempt and Non-Exempt Employees http://www.hr.ucdavis.edu/employee/leave-time-off/Fmla_booklet/new-fmla-kit/FMLA%20Intermittent%20Tracking%20Sheet Training by Bethanie Brown, 2012, bhobart@ucanr.edu