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STAFF DEVELOPMENT SEMINAR FMLA Paid Parental Leave Service Member Family Leave ADA

STAFF DEVELOPMENT SEMINAR FMLA Paid Parental Leave Service Member Family Leave ADA. OBJECTIVES. ► General understanding of FMLA provisions and terminology ► Understand the leave of absence process ► Review difference between paid and unpaid leave

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STAFF DEVELOPMENT SEMINAR FMLA Paid Parental Leave Service Member Family Leave ADA

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  1. STAFF DEVELOPMENT SEMINARFMLAPaid Parental LeaveService Member Family LeaveADA

  2. OBJECTIVES • ► General understanding of FMLA provisions and terminology • ► Understand the leave of absence process • ► Review difference between paid and unpaid leave • ► Be familiar with eligibility for and benefits of Paid • Parental Leave • ► Understand new military and service member • provisions • ► Be familiar with impact of updated ADA

  3. Family and Medical Leave Act (FMLA) • Overview of Law The FMLA ►enacted in 1993; amended 2008 ►provides up to 12 weeks (26 weeks for service member family leave) unpaid leave for “eligible employees” ►protects job and benefits for 12 weeks (26 weeks for service member family leave)

  4. Family and Medical Leave Act (FMLA) • “Eligible Employee” • Has been employed by Case for 12 months prior to starting a leave. • Has worked at least 1250 hours in the 12 months immediately preceding the leave. • (50 employees within 75 miles of work site.) • “Leave of absence” • Absence of more than 5 consecutive days for the same reason (Attendance, I-9). Definitions

  5. Family and Medical Leave Act (FMLA) • “Eligibility Date” • The date of the employee’s first FMLA leave within the previous 12 months. • “Family” • ► Spouse as recognized by State of Ohio • ► Domestic partner who has met requirements for receipt of domestic partner benefits under Case policy • ► Son, Daughter • ► Parent/Guardian

  6. Family and Medical Leave Act (FMLA) • “Serious Health Condition” • Illness, injury, impairment, physical or mental condition that involves: • ► inpatient care and/or • ► continuing treatment w/ inability to work (incapacity) or • ► continuing treatment w/health care provider 2 or more times • 1st visit within 7 days of incapacity • 2nd visit within 30 days of incapacity • ► acute (appendicitis) or chronic (diabetes) • EXCLUSIONS: cosmetic, cold, flu, ear ache, upset stomach, routine dental

  7. Family and Medical Leave Act (FMLA) • “Personal medical” • Illness of employee. • “Family medical” • Illness of employee’s family member. • “Parenting” • Care, nurturing of new child as a result of childbirth adoption or foster custody within 12 months of birth or placement and unrelated to serious health condition. • “Intermittent Leave” • Time off for serious health condition taken as reduced work schedule.

  8. Family and Medical Leave Act (FMLA) • PAID LEAVE OF ABSENCE • Sick Pay • Personal medical: Use all you have before going on an unpaid leave • Family medical: Option to use up to 8 days total annually in combination with bereavement. • Parenting (Paid Parental Leave) • Vacation Pay • Used after sick pay is exhausted. • All employees must use all sick pay then all vacation pay before going on an unpaid leave of absence.

  9. Family and Medical Leave Act (FMLA) • Benefit Continuation • Benefits maintained until the end of the month in which the 12 weeks FMLA leave expires. • Example: Leave start date: 9/15 • FMLA expires as of 12/8 • Benefits terminated 12/31 • Sign up for COBRA as of 1/1

  10. Family and Medical Leave Act (FMLA) • UNPAID LEAVE OF ABSENCE • Benefits maintained until the end of the month in which the 12 weeks FMLA leave expires. Upon return to work, employee’s normal contributions towards benefits will be deducted from paycheck. • Job restoration • Employee’s position or equivalent will be held for 12 weeks during a 12-month period.

  11. Family and Medical Leave Act (FMLA) • THE PROCESS • ► Employee tells supervisor of need for leave 30 days in advance of foreseeable need. Otherwise as soon as practicable. • ► Employee and supervisor complete the Leave of Absence form. • Form must be complete • ► Employee obtains completed documentation from his/her health care provider and sends to Employee Relations.

  12. Family and Medical Leave Act (FMLA) • THE PROCESS • ► Employee Relations reviews the request and issues response advising employee if leave approved or disapproved. • ► Employee Relations follows up with employee if medical information is not provided, is not complete, or is illegible. • ► Employee Relations follows up with employee’s health care provider if employee does not respond in 7 days. • ► Employee visits health care provider at least 2 times within 30 days of start of incapacity – the first visit must occur within 7 days of the first day of incapacity.

  13. Family and Medical Leave Act (FMLA) • THE PROCESS (cont.) • ► Upon return to work, employee provides supervisor or Employee Relations with written release by health care provider for employee to return to work. • ► The supervisor completes the Return to Work section at the very bottom of the LOA form. • ► The release and the LOA form are sent to Employee Relations. • ► If release specifies reduced work schedule, the employee is returned to work on “Intermittent Leave”. • ► Once release to return to full time schedule, release and LOA form are sent to Employee Relations.

  14. NEW POLICYPaid Parental LeaveEffective November 1, 2008 • Overview of Benefit This policy allows for a specified period of paid leave, not employee-earned, to be taken within 12 months following the birth or adoption of a child and is administered in conjunction with the Family and Medical Leave Act of 1993 (FMLA).

  15. NEW POLICYPaid Parental LeaveEffective November 1, 2008 • Purpose of Benefit • Provide additional paid time off that can be taken by the birth mother, parent, or adoptive parent to recover from childbirth, or to care for a new child as a result of childbirth or adoption. Paid Parental Leave may be combined with other employee earned paid time off, i.e., paid sick and/or vacation time, to achieve the maximum amount of paid time off from work.

  16. Paid Parental Leave cont. • Eligibility • Includes: • ►Employee: only categories 1, 2, and 3 • ► Eligible Employee: same as FMLA eligibility • 12 months employed at CWRU AND • 1250 hours worked preceding 12 months • ► Birth or adoption on or after November 1, 2008 • This excludes: • ► Category 0 - Faculty • ► Category 1, 2, or 3 employees who do not qualify for • leave under FMLA • ► Birth or adoption prior to November 1, 2008

  17. Paid Parental Leave (cont.) • Specifically - • Up to six (6) weeks paid parental leave to the • ►birth mother to recover from childbirth and/or to care for and bond with the newborn within 12 months of birth; • ►primary care giver to care for and bond with a newly adopted child within 12 months from placement

  18. Paid Parental Leave (cont.) • AND IF APPLICABLE • Up to three (3) weeks paid parental leave to the • ► other parent (including domestic partners) to care for and bond with a newborn child within 12 months of birth; • ► other parent (including domestic partners) who are non-primary caregivers to care for and bond with a newly adopted child within 12 months from placement.

  19. Paid Parental Leave (cont.) • ► If both parents/partners are employees, the maximum paid parental leave for both employees together is nine (9) weeks: • 6 weeks for the birth mother or primary care-giver and • 3 weeks for the other parent (including domestic partners) who is not the primary care-giver. • ► No more than 6 weeks of paid parental leave is provided per employee per birth or adoption event. The number of children born or adopted at the same time will not affect the length of the paid parental leave for that event.

  20. Paid Parental Leave (cont.) • ► Birth mothers can use paid parental leave in addition to their sick and vacation time at any point after delivery during the leave.

  21. Paid Parental Leave (cont.) • ► Intermittent parenting leave only with supervisor’s approval in consultation with Employee Relations • ► Paid by parental leave or vacation

  22. Paid Parental Leave (cont.) • ► Employees on Paid vs. Unpaid Parental leave – same as leave under FMLA

  23. PAID LEAVE OF ABSENCE Sick Pay Personal medical: Use all you have before going on an unpaid leave Family medical: Option to use up to 8 days total annually in combination with bereavement. Parenting (Paid Parental Leave) Vacation Pay Used after sick pay is exhausted. All employees must use all sick pay then all vacation pay before going on an unpaid leave of absence. Family and Medical Leave Act (FMLA)

  24. Paid Parental Leave (cont.) • ► Employees on unpaid parental leave: • ▪ must have exhausted all paid parental leave, sick pay (birth mother), and vacation pay. • ▪ remain in the Benelect program for 12 weeks according to plan provisions. • ▪ will not accrue service time except toward their retirement plan vesting. • ▪ adjustments will be made to their paycheck for Benelect payments made on their behalf (RTW).

  25. Paid Parental Leave (cont.) • DOCUMENTATION • ► Leave of Absence form (30 days) • ► Certificate of Health Care Provider (birth mother) • ► Release to Return to Work (birth mother) • ► Proof of Childbirth Letter (other parent) • ► Certification of Placement (adoptive parent, • primary or non-primary caregiver) • ► HCM: TRC code “PPL” will appear in January 2009 • after adjustment. Once available update Time • History if necessary.

  26. Family and Medical Leave Act (FMLA) Family Military Service Member

  27. Family and Medical Leave Act (FMLA) • Family Military Service Member Reasons: • Any qualifying exigency arising out of the spouse, child, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) Up to 12 weeks. • Care for a service member's serious injury or illness incurred in the line of duty on active duty. Up to 26 weeks of all types of FMLA leave during a 12-month period. ► Documentation from the United States government is required.

  28. Family and Medical Leave Act (FMLA) • Family Military Service Member Reasons (cont.): • ► Supervisor is responsible for determining how to continue quality operations while the employee’s position, or equivalent position, is being held for 12 or 26 weeks if applicable.

  29. Americans with Disabilities Act Amendments to the Law: ADA Amendments Act

  30. Major Life Activities Major life activities had been limited to those activities that are central importance to daily life. In 2009, the Act expands scope of individuals covered by ADA by adding broader definition of major life activities that a disability has to affect. -- disability applies to a physical or mental impairment that substantially limits one or more major life activities

  31. Major Life Activities (cont.) • -- “Major life activities” now includes more activities including caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, bending, speaking, breathing, learning, reading, thinking, concentrating, communicating, working. • -- Also expanded to include major bodily functions such as the immune system, normal cell growth, digestive, brain, respiratory, reproductive functions etc.

  32. Requirement for Disability Remains Any disability must still “substantially limit” a major life activity to be considered a disability. But “substantially limits” will be read less strictly than it was before. Employees in remission can be disabled. Note: The disability does not have to substantially limit an activity related to work (i.e. insomnia – may substantially limit sleeping although not related to a job function directly)

  33. Mitigating Measures Are you disabled if you could take medication to take care of the problem? Under old law, you were not disabled. Under new law, you are disabled. Mitigating measures (i.e. medication, prosthetics, hearing aids, assistive technology, medical equipment etc.) are not considered in whether an employee is disabled. Exception: eyeglasses or contacts

  34. Effective Date Changes are effective January 1, 2009.

  35. Contact HR or EOD Offices Supervisors should not try to determine if an employee is disabled or provide accommodations for a disabled employee. Contact Equal Opportunity & Diversity at 368-8877 to discuss any disability issue or request for accommodation. Contact Employee Relations at 368-2268 for referral information.

  36. SUMMARY ► FMLA provisions and terminology ► Leave of absence process ► Paid and unpaid leave ► Paid Parental Leave ► New military and service member provisions ► Updated ADA

  37. Questions: CONTACT INFORMATION ► Shalice Smedley, 368-2268 ► Kathy Willson, 368-0195 ► Carolyn Gerich, 368-2458 ► Lorraine Watson, 368-4503

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