UCCE Sonoma County ANR/HR Briefing

1. UCCE Sonoma CountyANR/HR Briefing FMLA, CFRA, PDL and Benefits 7/24/2007

2. FMLA/CFRA/PDL 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

3. Family and Medical Leave Act and California Family Rights Act(FMLA/CFRA) • Federal and state leave laws • Eligibility Requirements • 12 months of University service • 1250 hours in the consecutive 12 months immediately preceding the leave

4. Reasons for taking FMLA/CFRA • Medical Leave • Employee’s own serious health condition • Family Care • Care for the employee’s parent, spouse, or child that has a serious health condition • Baby Bonding • Birth, adoption or foster care placement

5. What is a Serious Health Condition? • An illness, injury, impairment or physical/mental condition that involves: • Inpatient care • Continuing treatment by a health care provider (HCP) for a condition that causes more than 3 calendar days of incapacity and two or more treatments by the HCP

6. What is a Serious Health Condition: Cont. • One treatment by a HCP and a regimen of continuing treatment under the HCP’s supervision • Chronic serious health condition • Permanent condition • Multiple treatments

7. Good News! Not a Serious Health Condition • Common cold • Common flu • Earaches • Upset stomach • Headaches (other than migraines) • Routine dental treatment • Unless complications arise from the above listed reasons

8. Who is a Health Care Provider? • Physician • Surgeon • Nurse practitioner • Nurse midwife • Clinical Social Worker • Licensed to practice in the state of California, US or any other country

9. Duration and Timing of the Leave (FMLA/CFRA Only) • Up to 12 work weeks in a 12-month period • 12-week entitlement renews every calendar year • Intermittent/reduced schedule and blocks of time • Calculate: 15-minute increments, hours, days, weeks, months • Prorate based on appointment percentage • 30-days advanced notice when foreseeable

10. Initiating the Leave • Requested Leave: - Determine eligibility - Respond within 2 business days * Follow up in writing “provisionally designating” as FMLA or “ineligible” • Complete the FMLA packet, if eligible • Non requested Leave: - If employee is on leave for three days, send FMLA packet and letter

11. Medical Certification is the Key! • May be required for: • Employee’s own serious health condition • Care for employee’s seriously-ill parent, spouse or child • HCP completes and returns within reasonable time (15 days) • Must reasonably define duration of leave; intermittent or block of time, etc.

12. Intermittent Leave - Overview • FMLA definition • “intermittent” = leave taken in separate blocks of time due to a single qualifying event • “reduced leave” = a schedule that reduces an employee’s usual number of working hours per work week or hours per workday • Only the intermittent leave time taken is counted towards 12 week entitlement

13. Intermittent Leave - Eligibility • Established on the occasion of the first absence through medical certification • Cannot require employee to establish eligibility on each occasion of intermittent leave usage • Must be “medically necessary” for employee’s own SHC or SHC of family member

14. Intermittent Leave - Tracking • Track all minutes/hours used for intermittent leave and subtract from entitlement • Inform employee of their responsibility to notify supervisor when absence is due to FMLA/CFRA

15. Intermittent Leave and Baby Bonding • Under CFRA, employees can request on only two separate occasions to take baby bonding time in less than two-week increments • Collective Bargaining agreements give the University discretion to require that additional baby bonding time be in two-week increments

16. Employers Obligation • Designate FMLA • Respond within 2 business days of request for leave • Notify employee when: • changes occur to original notice • when something exhausts • before leave is to end • Keep accurate records

17. FMLA/CFRA: Why Bother? My Employee has Sick Leave Available • It’s the law! • Managers may be held personally liable for failing to provide legal entitlements and doing corrective action or terminating employee for excessive absenteeism • Protects employees from having absences counted against them (FMLA absences are excused) • Must treat all employees the same

18. FMLA/CFRA/PDL: How Does an Employee Get Paid? • FMLA/CFRA/PDL entitles an employee to take an UNPAID leave of absence • Collective Bargaining Agreements (Contracts) & PPSM (policy) may detail how an employee receives pay while on leave

19. Pregnancy Disability Leave • What is it? • State law, only applies to female employees • Female employee eligible to take PDL upon first day of employment with the University • Up to four (4) months of unpaid leave due to pregnancy related disabling conditions • Can take blocks of time or intermittent leave

20. Pregnancy Disability Leave • What does it cover? • Prenatal appointments • Severe morning sickness • Period of incapacity/disability both before birth and after delivery • Typically: 2 weeks prior to delivery and 6-8 weeks after birth

21. Pregnancy Disability Leave • PDL can also include: • Medical certification that employee have modified duty restrictions in current job, or be transferred to another position (lighter duty) during the duration of the pregnancy • Use of PDL • Employee must notify supervisor if absence is due to PDL; Ask employee to notify supervisor of conclusion of PDL for transition to CFRA for baby bonding

22. FMLA/CFRA/PDL …Remember the difference? • FMLA – Federal entitlement • CFRA - State entitlement • PDL – State entitlement (pregnancy only) • FMLA and CFRA run concurrently • FMLA and PDL run concurrently • CFRA and PDL do not run concurrently

23. What Did That Last Slide Say?? • __________________>_________________> Pregnancy Disability Leave Cal. Family Rights Act 6-8 weeks (Max. 4 months) 12 work weeks ________________________________> Family and Medical Leave 12 work weeks • PDL and FMLA run concurrently, after PDL concludes, CFRA begins and can also run concurrently with FMLA • PDL combined with CFRA may permit a female employee to take up to 7 months of leave

24. Return to Work • Medical certification required upon return to work, for employee’s own SHC • Return to work may be delayed until employee submits medical certification • Medical certification not required for intermittent leave • FMLA: Rights to return to same or equivalent position • PDL: Rights to return to same position

25. FMLA/CFRA: Benefits Coverage • Always recommend your employee contact benefits office to discuss benefit coverage • Benefits’ Main Number: (530) 752-1774

26. FMLA/CFRA: The Paperwork and Requirements • Family and Medical Leave Forms Packet (http://hr.ucdavis.edu/forms/) The department must obtain: - Employee’s Leave of Absence Request form - Family and Medical Leave Certification form - Return to Work Certification form • Medical certifications must be maintained as a confidential medical record in file separate from employee’s personnel file • Maintain FMLA and PDL records for three years

27. What the Benefits Office Needs • Completed Staff Leave Request form (Benefits office only) • Timely Payroll Personnel System entry by the department • Potential Problems • Benefits • Overpayment/non-payment • Departmental charges

28. Leaves and Insurance Continuation • UC Insurance Continuation • FMLA (12 Weeks) UC provides contributions for medical, dental and vision premiums • Short-Term Disability (26 weeks maximum) UC provides medical premium contributions (up to 7 months)

29. Resources • http://hr.ucdavis.edu/forms/ • Leave of Absence Policy/Collective Bargaining Agreement • Employee & Labor Relations • Office of the President (510) 987-0879 • Davis Campus (530) 754-8892 • Benefits Office: (530) 752-1774 • Disability Management Services: (530) 752-6019

30. Thank You • Robert Martinez ANR HR/Coordinator • (510) 987-0082 • Robert.Martinez@ucop.edu