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LEAVE OF ABSENCES. A TRAINING WORKSHOP PROVIDED BY THE HUMAN RESOURCES DEPARTMENT. AGENDA. Types of leaves Leave policies Applying for a leave of absence Using earned sick and vacation time How and when to apply for disability Health Benefits, Pension and Life Insurance.
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LEAVE OF ABSENCES A TRAINING WORKSHOP PROVIDED BY THE HUMAN RESOURCES DEPARTMENT
AGENDA • Types of leaves • Leave policies • Applying for a leave of absence • Using earned sick and vacation time • How and when to apply for disability • Health Benefits, Pension and Life Insurance
Types of Leaves • FMLA – Family Medical Leave Act • Personal Illness • Family Illness ( Administrator Interpretation regarding definition of “son & daughter” Revised 2013) • Intermittent Leave • Personal Leave • Military ( Expands qualifying exigency leave: Revised 2013)
Types of Leaves - FMLA FMLA allows an employee to take 12 weeks of unpaid leave from your job for a serious illness. The 12 weeks are per calendar year, and do not have to taken consecutively. The FMLA leave can be granted for: • The birth, adoption or foster care placement of a child; • For incapacity due to pregnancy, prenatal medical care or child birth; • A serious health condition that prevents the employee from doing the essential functions of his or her job; • To care for a child, spouse, or parent with a serious health condition.
Types of Leaves • "Family member" means a child, parent, or spouse. • Definition of “Son & Daughter” To allow employees who assume the role of caring for a child the right to family leave regardless of the legal or biological relationship. Revised January 2013 – Administrator interpretation providing guidance on the definition of “son or daughter” as it applies to an individual 18 years of age or older and incapable of self-care because of a disability. (Proof is required)
Intermittent Leave of Absence • A non-consecutive leave comprised of intervals, each of which is at least one but less than 12 workweeks within a consecutive 12-month period. • Example: Sarah is notified by her doctor that she will be required to receive out-patient therapy 2 times a week for 4 weeks. She will need to leave twice a week for 3 hours. Sarah is entitled to use her earned time and take off the required days and hours.
Personal Leave • Granted to employees for personal reasons such as: • To complete educational requirements • To accept a temporary appointment within state government • Other personal reasons: child care etc • Supervisors have the right to deny leave. • Employees can not use accrued sick time
Military Leave • Eligible employee that is on active duty or call to covered active duty status. • Revised 2013 – Creates an additional qualifying exigency leave category to provide care to military member’s parent. ( Proof is required forms in HR).
How to apply • To apply for any leave type employees need to apply in writing to their supervisor. • Contact the Office of Human Resources at extension 2335 for a consultation to discuss documentation, medical benefits and wages. • Human resources will notify the supervisor, in writing, once the leave has gone through the approval process and all medical documentation has been received.
Employee Human Resources Letter of Notification To Dean/Dept Head/ Supervisor Leave Approval Process Employee I Human Resources I Supervisor
NJCU’s Request Policies • Employees must give 30 days notice of intent to take leave when it is known in advance. • A Physician certification must include prognosis, duration and an expected return to work date. • Employees can not return to work from a personal illness unless they submit a doctor’s note approving the return to work.
Use of Earned Leave Time • An employee who is approved for leave under the Family Leave Act can use accrued sick, vacation, administrative leave or unpaid leave. • An employee on medical leave who uses all of their available sick leave may qualify for the New Jersey State Temporary Disability Insurance Program or The University’s Donated Leave Program.
Temporary Disability Insurance • If an employee is temporarily disabled due to illness or non-work related injury and has exhausted all earned sick leave, he/she may apply for Temporary Disability Insurance (TDI). • The employee’s eligibility and benefit payment are determined by the New Jersey Department of Labor • Benefits are paid after the first seven consecutive days of each period of disability. • These first seven days are also known as the “waiting week.” The waiting week will be compensable when disability benefits have been paid for all or some part of each of the three weeks immediately following the waiting week. • The payment of TDI is limited to 26 weeks.
Health and Dental Benefits • Employees participating in the State Health Benefits Program are entitled to continued health coverage under the Act(s) while they are on family leave. This includes all health care benefits as well as prescription drug, and dental insurance. *Please note that an employee with a required payroll deduction for health coverage and dental coverage will be responsible to make this payment to The University.
Pension • Service and salary credit for pension purposes are earned in the state retirement systems (PERS) while in pay status only. For periods where leave is taken on an intermittent or reduced schedule basis, an employee may be able to obtain pension credit depending upon the compensation received during the coverage periods involved. • Members under the Alternate Benefit Program must receive at least 50% percent of their base salary to make contributions to their account. • Members of Public Employees Retirement System and Teachers Pension Annuity Fund may purchase service credit for up to three months for a family leave. The Alternate Benefits Program does not have such a provision.
Life Insurance • The employee's group life insurance coverage will continue up to 93 days while on an official family leave. In this case contributions are required to continue coverage under the contributory plan.
NJ-FLA • The NJ-FLA requires employers to provide up to 12 weeks of leave during any 24 month period for the care of an ill family member (spouse, parent, or child) or for a newbornchild or adoption of a child. • It is important to understand the most significant difference between these two laws: the FMLA can apply to an employee’s own medical condition ( as well as family members), whereas the NJ-FLA only applies to family members. • NJ-FLA is unpaid. ( with pay if employee accrued time). • Health benefits and Pension apply same as FMLA. Employee is to pay his/her share of deductions.
