New Process for Disability Management

1. New Process for Disability Management Presentation to RIT Managers By Human Resources May � June, 2006

2. 2 2005 � Focus on Disability Plan Design Effective July 1, 2005: Improved short-term disability plan Introduced cash-out for unused sick leave for nonexempt employees Replaced sick leave with salary continuation for exempt employees Grandfathered existing sick leave banks for all employees who had them on July1, 2005

3. 3 2006 � Focus on Disability Management Process Effective July 1, 2006: Unum Provident (UNUM) will provide expanded disability management services Unum is our carrier for short and long-term disability, as well as RIT�s life insurance program Employees will call Unum�s toll-free number to report absences (TTY available) Employees will still notify supervisor when absent Unum will coordinate paperwork with employee and physician to certify disability Unum will determine which absences qualify for designation under Family & Medical Leave Act of 1993 (FMLA)

4. 4 When Will Employees Call Unum By 3rd day of continuous absence for disability (illness, injury or maternity) or workers compensation* By 3rd day of continuous absence to care for child, spouse or parent with serious health condition 1st day of absence due to chronic condition of employee or family member 1st day of absence, including partial days, due to �intermittent leave� for employee�s or family member�s serious health condition 1st day of absence to care for employee�s newborn child, or due to placement of a child with employee for adoption or foster care * Workers compensation absences will be reported to but not managed by Unum

5. 5 Advantages for Employees More seamless and centralized process Removes HR and supervisor from middle Live person available 8AM-8PM Monday-Friday Quicker processing of benefits Ensure accuracy and consistency of FMLA designations & recordkeeping Responsibility for designating FMLA absence will move to a neutral 3rd party Confidentiality of personal information Remove manager responsibility for recordkeeping

6. 6 FMLA Recordkeeping Current Process � manager tracks and records FMLA leave in department records Two options were possible for transitioning to new process Transfer current records � which are not always consistent or accurate Fresh Start � ensures data integrity going forward Unum has advised that most clients have selected Fresh Start process RIT will use Fresh Start Note: Manager will continue to track absences for salary continuation purposes

7. 7 Pay Process for Exempt Employees For salary continuation on FMLA FMLA approved absences are not subject to restrictions under FLSA (Fair Labor Standard Act) FMLA for employee � 5 consecutive days limit on paid days if not approved for STD FMLA to take care of a family member � 5 consecutive days to a maximum of 12 days per fiscal year � may use grandfathered sick time

8. 8 Communication Plan March � April - shared with Staff Council and Academic Senate April � e-mailed managers describing process change and required training May & June � training through CPD required for all supervisors and managers June � newsletter to employees June � information sessions for employees Wallet card provided to employees

9. RIT�s Disability Management Program 

10. 10 Training Session Outline FMLA/State Leave Basics Integrated Intake Overview FMLA/State Leave Management Process Short-term Disability (STD) Claim Process RIT Responsibilities UnumProvident Contact Information

11. 11 The FMLA & State Leave Laws FMLA 12 weeks of leave within a 12-month period RIT calculates entitlement with the Rolling Backward method Maintenance / restoration of health benefits Restoration to same or equivalent job State Leave Laws Bone Marrow Donor Leave 24 work hours of leave Seek or undergo a medical procedure to donate bone marrow NY Witness or Victim Act Amount of leave is not mentioned To appear as a witness, consult with the DA, or to exercise legal rights in connection with criminal procedure law or the Family Court Act.

12. 12 Leave Frequency Full Leave that is full-time/continuous (e.g., 12 consecutive weeks) Reduced Schedule of leave that reduces the number of hours an employee works daily or weekly (e.g., full-time to part-time) Intermittent Leave taken periodically and may be taken from less than an hour to weeks at a time Intermittent - examples: migraines, asthma, treatmentIntermittent - examples: migraines, asthma, treatment

13. 13 Leave Reasons & Certification Types Employee�s or family member�s serious health condition Medical Certification Form Newborn (Paternity) Copy of application for birth certificate Adoption or Foster Care Court document with date of placement

14. 14 Certification:Serious Health Condition Six Serious Health Condition categories under the FMLA: Hospital Care Inpatient care Includes a period of incapacity and subsequent treatments Example: Overnight stay in a hospital Absence Plus Treatment Greater than 3 consecutive days of incapacity Plus treatment twice or once with a regimen of continuing treatment Example: Flu, if it meets the above requirements

15. 15 Certification:Serious Health Condition Pregnancy Period of incapacity due to pregnancy Example: Severe morning sickness Prenatal care appointments Chronic Conditions Requiring Treatments Requires periodic visits for treatment Continues over an extended period of time May cause episodic periods of incapacity Examples: Asthma, diabetes, migraines

16. 16 Certification:Serious Health Condition Permanent/Long-term Conditions Permanent/long-term period of incapacity due to a condition and treatment may be ineffective Continuing supervision of health care provider but need not be receiving active treatment Examples: Alzheimer�s, severe stroke Multiple Treatments Absence to receive treatments and recovery For restorative surgery after an accident/injury OR condition that would result in incapacity greater than 3 days without treatment Examples: Chemotherapy, dialysis

17. 17 FMLA & STD Eligibility FMLA 12 months of service 1250 hours worked in the last 12 months Unpaid leave Federal job protection Maximum 12 weeks in a rolling 12 month period Family or Medical leave STD All employees Paid leave No federal job protection Maximum 180 consecutive days (transition to LTD) Medical leave only

18. 18 FMLA & STD Requirements FMLA The FMLA certification requires that the employee�s physician support that the employee has a serious health condition as defined by the FMLA, which includes that the employee is unable to perform the essential job functions. If an employee is approved for STD and eligible for FMLA, the FMLA will be approved based on STD information. STD Short Term Disability requires specific medical information be submitted to Unum Provident, such as: Test results Diagnosis Treatment plans If an employee is not approved for STD, they are given the opportunity to provide certification to support their need for leave under the FMLA.

19. 19 Employer Obligations FMLA Notify the employee of his/her FMLA rights within 2 business days of becoming aware of the possible need for leave. Notify the employee when lost time from work is being counted as FMLA time. Return the employee to the same or equivalent job when they return from leave. Consider the involvement of the ADA when the FMLA leave expires. Disregard FMLA lost time whenever taking disciplinary action for unexcused absences.

20. 20 Supervisors Should Know� The basics of FMLA and STD Policy. RIT is committed to strict adherence to the law. Courts have ruled that supervisors can be individually liable for FMLA violations. When they should get involved. Be aware of time used as FMLA and time counted as Unexcused Absence, work closely with HR to correct possible attendance problems.

21. 21 Supervisor Action Items! Report an employee's possible FMLA qualifying absence to UnumProvident if the employee has not, will not, or cannot. Keep an open and effective line of communication with your employees. Set up a weekly time to check in. Show concern for their well-being. Be prepared and welcome the employee when he/she returns to work. Refrain from discussing medical information with employee's. Take corrective action if the employee's leave is denied. Work with your HR Department to explore corrective action possibilities. Follow the attendance guidelines in place at your location. Contact UnumProvident or the HR Dept. if you have questions about an employee's leave status. (Remember, UnumProvident cannot share information that is confidential and medical in nature.) Assess the employees needs upon returning to work. If the physician has requested accommodations be made upon return, go to your HR department to have these accommodations evaluated. Explore alternate solutions to a leave of absence.

22. 22 Related Leaves Worker�s Compensation In the event of an injury, contact HR to fill out an injury report. Have the employee contact UnumProvident if they lose time due to injury. ADA (American�s with Disabilities Act) The ADA requires employers to assist employees that have disabilities with any reasonable accommodations. When an employee returns to work with work restrictions, you should work closely with HR to determine if those accommodations can be made.

23. 23 Things to Remember... Whenever the subject of absence and attendance is mentioned in the same breath with discipline and discharge, remember that FMLA absences must be ignored in such situations The common sources of employer liability are: Failure to post Notice of Rights Failure to notify employees of rights to leave Failure to keep adequate records Failure to allow leave including intermittent leave Failure to restore to equivalent job, on same conditions Discipline or discharge in retaliation for leave taking UnumProvident has two business days to conditionally designate an absence or leave as FMLA (*two business days from the date the employee notifies a supervisor of a potentially FMLA-qualifying event). Company will not be in compliance if the initial report is delayed! When an employee returns to work, always check the release note to make sure that no accommodations are necessary. Work with HR if they are requested.

24. Integrated Intake Overview

25. 25 The RIT Disability and Leave Management Line at UnumProvident

26. 26 The RIT Disability and Leave Management Line at UnumProvident

27. 27 Leave/Claim Intake Process