Worker’s compensation & Family Medical Leave Act Training

1. Worker’s compensation &Family Medical Leave Act Training Francisco Rivas-Diaz Benefits Specialist School Treasurers Summer Training July 24th, 2019 at 9:00 am

2. WORKER’S COMPENSATION

3. What is Worker’s Compensation? • Workers’ compensation provides medical expenses, lost wages, and rehabilitation costs to employees who are injured or become ill “in the course and scope” of their job. It also pays death benefits to families of employees who are killed on the job.

4. What happens when an employee is injured on the job? • The employee must immediately notify their supervisor or other administrative staff about their injury immediately. • Typically, the school bookkeeper will complete a Form 19 or Employer’s Report of Employee’s Injury form. • If the bookkeeper is not present, other administrative staff such as the principal, assistant principal, or nurse can complete the Form 19. The injured employee must NEVER fill out a form 19!

6. What happens when an employee is injured on the job? • The school bookkeeper or other administrative staff must have the injured employee complete a form indicating they understand to go to either Goshen Medical or Vidant Duplin Hospital for medical services. • Injured employees are referred to any Goshen Medical Center following an accident/injury. If accident is related to a Bloodborne Pathogen exposure, you will be referred to Goshen Medical in Beulaville ONLY. If it is an emergency, you will be referred to Vidant Duplin ONLY.

7. What happens when an employee is injured on the job? • The injured employee must also write a statement of his/her injury. • Once the Form 19, medical providers form, and statement of injury are complete, these must then be forwarded to the school benefits specialist immediately or as quickly as possible.

8. What happens when an employee is injured on the job? • Once received, the school district benefits specialist will then submit a claim to the insurance company. • The longer it takes for the benefits specialist to receive these documents the longer the employee might go with paying for services out of pocket • If the injured employee needs to go to the doctor, the district benefits specialist can call the clinic and schedule an appointment for them

9. What happens when an employee is injured on the job? • If the employee is taken out of work by the doctor, they will be required to use their leave time or opt to go without pay for the first seven consecutive days. Those days are considered to be a “waiting period” and the insurance carrier will pick up paying them on the 8th day.

10. What happens when an employee is injured on the job? • It is the responsibility of the employee to inform their supervisor of their absence. If “light duty” is given, it will be up to the supervisor along with the Human Resource department to determine if the accommodations can be granted. If the employee declines “light duty” it must be done in writing and thus may cause their workers’ compensation benefits to terminate.

11. What happens when an employee is injured on the job? • It is the responsibility of the injured employee to stay in contact with the schools w/c administrator, their direct supervisor, and their workers’ compensation adjuster. • It is NOT up to the school district to determine if workers’ compensation injuries/accidents will be approved. If your claim is denied, you will receive a letter in the mail from the insurance carrier handling your claim.

12. FAMILY AND MEDICAL LEAVE ACT

13. Family and Medical Leave Act • The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees of covered employers with unpaid, job-protected leave for specified family and medical reasons.

14. Family and Medical Leave Act • Eligible employees may take up to 12 workweeks of leave in a 12-month period for one or more of the following reasons: • The birth of a son or daughter or placement of a son or daughter with the employee for adoption or foster care, and to bond with the newborn or newly-placed child; • To care for a spouse, son, daughter, or parent who has a serious health condition, including incapacity due to pregnancy and for prenatal medical care; • For a serious health condition that makes the employee unable to perform the essential functions of his or her job, including incapacity due to pregnancy and for prenatal medical care; or • For any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status.

15. Family and Medical Leave Act • Employees are eligible to request leave under FMLA if they have worked for the school system for at least 12 months • An employee must comply with the notice and verification requirements provided in policy 7520, Family and Medical Leave, for any continuous leave of more than 10 days

16. Family and Medical Leave Act • Employees begin the process of requesting leave under FMLA by providing their supervisor and the school district benefits specialist with a request for medical leave that indicates: • The reason for taking leave • When leave will begin • When leave will end • The date of return to work

17. Family and Medical Leave Act • Foreseeable FMLA requests • The employee shall give 30 days advance notice to the supervisor of the intention to take leave under Family Medical Leave • When an employee needs to take leave that is not foreseen, employees are required to comply with the usual procedures in notifying his/her supervisor and requesting leave • The Human Resources Office MUST be made aware of the absence as soon as it is practical.

18. Family and Medical Leave Act • Once the Human Resources Office is made aware of the absence, the Benefits Coordinator will send to the employee a: • Notice of Eligibility and Rights and Responsibilities letter • Certification of Health Provider Form • Leave Agreement to determine eligibility of under the Family Medical Act.

19. Family and Medical Leave Act • Employee shall return medical certification documentation within 15 calendar days in accordance with the Family Medical Leave Act. If certification is not provided, any leave taken is NOT protected by FMLA. • If an employee has particular circumstances that require an extension beyond 15 calendar days to return medical certification documentation, the employee must contact the Human Resource Office in advance. • Employee MUST provide a completed Leave Agreement form.

20. Family and Medical Leave Act • Once the benefits specialist receives all documentation • The Human Resources Director will review and determine if leave requested under FMLA will be approved or not • Upon approval or denial of the request, the employee requesting leave will receive a Designation Notice indicating if they have been approve for leave under FMLA.

21. Family and Medical Leave Act • If approved for FMLA, the employee may use the following types of leave: • Sick leave • Annual leave • Bonus leave • Comp time • Personal leave • Extended sick leave (if exhausted annual, bonus, and sick leave) • Voluntary shared-leave

22. Family and Medical Leave Act • Employees who are out on medical leave without pay during the time that a supplement or bonus is paid are not eligible to be paid that supplement

23. Family and Medical Leave Act • Employees who have been out on medical leave under FMLA due to a serious health condition (or maternity leave) for themselves must provide: • a note from the doctor indicating that they are fit for duty or have been released to come back to work prior to returning to work • The employee should not come back to work until they have provided this note • It is encouraged for the bookkeeper or other administrative staff to notify the benefits specialist about the employee’s return to work and the notice of release to come back to work provided by the employee

24. Thank you!