Understanding and Managing Leave

1. Understanding and Managing Leave Presented by Human Resource Services Rev. September 2013

2. Objectives • Review Rules • Discuss Processes • Work Through Impacts • Medical Leaves • Workers Compensation (L&I) • Reasonable Accommodation (RA)

3. Leave Available through WSU

4. Requesting Leave Personal Leave Requests go through normal departmental procedures Exception: Medical Leave requests are administered through Human Resource Services.

5. An employee has just requested to use their annual leave/sick leave due to an upcoming surgery. OR • An employee has just requested to go onto leave without pay to care for a family member with a health condition? WHAT DO YOU DO?

6. Medical Leave Requests • Need for medical leave identified • A period of full-time, part-time, or ongoing intermittent leave • Employees are referred to HRS • If unsure, discuss with HRS

7. Medical Leave Kit • FORMS • Employer: • Employee’s Leave Request • Medical Certification • For employee or eligible family member’s condition • Other Certification forms and Work Assessment form available online. Available on the HRS Website: http://hrs.wsu.edu/Disability%20Services

8. Notification of Leave Request HRS will provide department with information throughout the process consisting of email notifications and official correspondence.

9. Types of Medical Leave • Family Medical Leave • Medical Leave • Family Care Leave • Shared Leave • Leave as a Reasonable Accommodation

10. Medical Leave Benefits provided according to Federal Law State Law (RCW) WAC/Collective Bargaining Agreements University Policy AP Handbook / Faculty Manual

11. Family Medical LeaveQualifying Events: • Employee’s serious health condition • Birth, adoption, or placement of achild • Care for a qualifying family member (child, parent, spouse) with a serious health condition

12. Family Medical LeaveQualifying Events (cont.): • 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.

13. Family Medical LeaveQualifying Events (cont.): • 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

14. Family Medical LeaveEligible Employees: • Employed for at least 12 months with the state of Washington. • Paid for at least 1,250 hours of work during the 12 month period immedi-ately preceding the request for FML.

15. Family Medical LeaveEligible Employees: • 12 weeks of leave each rolling twelve month period for a qualifying event, granted employee is eligible. • 26 weeks for care of military family member. • Employee can choose how to use their accrued leave. • Leave can be for a block of time, reduced work schedule, or used intermittently. • 12 month period starts from first day of usage and runs for following 12 months.

16. Family Medical Leave • Job protected leave * • Employee maintains employer paid benefits, granted the employee continues to pay the premiums that are normally collected ** • *Note that FML does not protect against budget impacts, performance management or layoff • ** Benefits can be terminated during the FML period for nonpayment

17. Medical Leave • Allows for an additional month of insurance benefits beyond the FML period when an employee is out full time • Allows for employees not eligible for FML to be covered under state Medical Leave Must be in minimum 8 hours paid status during additional month.

18. Family Care Leave • Leave to care for an eligible family member • Must be in paid status • If eligible for FML, leave first 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, State Registered Domestic Partner*, child, parent, parent-in-law, and grandparent

19. Scenario • My employee has been out on Family Medical Leave, has been granted an additional month of Medical Leave, and needs to continue to be off work. WHAT’S NEXT REGARDING MY EMPLOYEE’S MEDICAL LEAVE?

20. Leave as a Reasonable Accommodation • Leave beyond FML and/or the additional month of medical leave • Extended medical leave as a Reasonable Accommodation.

21. Shared Leave 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”.

22. Shared Leave Qualifying Events Employee must be suffering from OR have a relative or household member an extraordinary or severe diagnosed medical condition

23. Shared Leave Leave Provisions • Maximum amount of shared leave to receive per event is 90 calendar days for an employees condition • 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.

24. Return To Work If needed, Health Care Provider completes: • Work Assessment form • Identifies capabilities and/or limitations • Duration of limitations HRS will notify supervisor, employee, and department of limitations and duration

25. Workers Compensation

26. WSU’s Policy Statement Washington State University values the safety and well being of all our employees. WSU’s policy is to provide safe and healthful working conditions in all operations and to follow laws and regulations associated with the safety and health of our employees.

27. Work Related Injury/Illness • Injury or Occupational Disease that has a . . . • Proximate Cause which occurred during . . . • Course of Employment

28. Workers Compensation • Washington State Department of Labor and Industries (L&I)* • No Fault Insurance • Costly • Quick and Dependable Remedy • Liberally construed for the injured worker * WSU is not self insured

29. Benefits of Workers Compensation • Approved Medical Care 100% • Wage Replacement • Return-to-Work Assistance • Permanent Partial Disability Awards • Pensions • Survivor Benefits

30. Scenario You have just been notified by your employee that they tripped coming down the stairs falling onto their hands and knees during the performance of work. WHAT DO YOU DO?

31. Online Incident Reporting • Online Form http://hrs.wsu.edu/WC • Complete within 24 hours of the injury/illness. • Provide as much information as possible • Normally only complete one report per injury/illness • Contact HRS with any minor updates/changes This is NOT filing an L&I claim

32. Supervisor Responsibilities • Ensure first-aid and/or medical treatment is provided • Call 911 • Arrange* for ride to hospital/doctor • Interview the injured worker and any witnesses ASAP • Complete the Supervisor’s Accident Investigation Report if: • Medical treatment is sought • Employee is unable to work next full shift • Provide initial safety training and periodic safety reviews

33. Supervisors Accident Investigation Report Complete when • Employee seeks medical treatment and/or • Employee misses at least one work shift due to their work place injury • Supervisors are to notify HRS if an employee is off work due to their injury/illness. Online form http://hrs.wsu.edu/Online%20Incident%20Report

34. Filing a Claim If an employee chooses to file an L&I claim they may do so • Through medical provider, • Online with L&I, or • Over the phone with L&I WSU can protest a claim if: • Condition is not covered under law • Not work related • Suspicious All L&I paperwork goes through HRS Pullman

35. Workers’ Compensation- Leave and Return To Work Coordination • HRS MUST have a doctors note in order for the Employee to RTW • Medical papers received by department, are to be forwarded to HRS ASAP, keep no copies • HRS will notify the supervisor of restrictions • Discuss available work • Temporarily Modify Job to Accommodate

36. Temporary 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 Temporary modified duties need to be relevant, not too attractive/unattractive, and as close to regular job duties as possible. If the modified duties are long term or permanent may also be addressed as a Reasonable Accommodation

37. Workers’ Compensation- Leave and Return To Work Coordination • HRS will get the Doctors approval on temporary modified duties • University held to higher standard to get injured workers back to workforce. • HRS will also monitor their leave for FML/Medical Leave.

38. Summary • Complete required documentation timely • Stay in Contact with HRS regarding employee leaves Work with HRS to offer a RTW ASAP once employee is released • Increase duties as allowed by doctor • Do not change job related to illness or injury without HRS consultation

39. Reasonable Accommodation

40. Scenario Your employee is requesting a new chair due to a back condition OR Your employee has returned to work from a period of medical leave and is claiming an inability to perform certain work duties due to physical limitations. WHAT DO YOU DO?

41. Reasonable Accommodations (RA) WSU will provide RA for a known physical, mental, or sensory limitation of an otherwise qualified individual. • Substantially limits individual’s ability to perform the job. • Employee must be able to perform the essential functions of the position with or without an RA.

42. RA overview • Modification or adjustment to a job, work environment, policies, practices, or procedures • Enabling a qualified individual with a disability • Equal employment opportunity • Does not impose an undue hardship on the employer

43. Qualified Individual An individual with a medical condition who meets the: • skill • experience • education, and • other job-related requirements of the position held or desired.

44. Return To Work or Excluded Issues Non-chronic condition Sprain, broken limb, flu Pregnancy (normally) Abnormal deviations in weight, height, strength Psychoactive substance use disorders resulting from “current” illegal drug use Active alcoholism or abuse Not a Qualified Disability

45. Accommodations • Making existing facilities readily accessible • Acquiring or modifying equipment or devices • Restructuring the job in a manner consistent with the rules

46. Accommodations • Modify work schedules • Granting a leave of absence consistent with law • Providing the opportunity for reassignment to an open vacant recruited for position

47. Employee Request a RA Perform duties and functions of a job with or without accommodation Participate in the interactive process University Provide RA to known limitations of an otherwise qualified individual with a disability Keep medical information private and separate from personnel file Participate in the interactive process Accountabilities

48. What to do Send employee to HRS Notify HRS of the possible need for leave/RA Send medical documentation to HRS Keep conversations “private” Be an active, constructive participant in the leave, WC and RA processes What not to do Assume anything Keep any medical documentation Discuss employee condition with others Try to “handle it yourself” Department Responsibilities

49. RA Process • Identification - a need for RA is identified. • Documentation - the employee must submit medical certification to support the RA request. • Accommodation - Upon receipt of the necessary paperwork HRS will work with the department to determine the status of the RA request.

50. Requesting an RA Available on the HRS website: http://hrs.wsu.edu/RA Employee Request Medical Release Health Care Provider Statement