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  • Overview of Leave of Absence (FML, CFRA, PDL)

    Staff and Academic Employees

    January 2014

    (Military Leaves Not Included Contact Human Resources for Assistance)

  • Overview

    Basic Requirements of the FML Act

    CA Family Rights Act (CFRA)

    Pregnancy Disability Leave (PDL)

    UCR Procedures

    Staff (Local Procedure 43) and Academic

    procedures

    Updating PPS

    http://hr.ucr.edu/policies/policiesandcontracts/ppsm43pro.html

  • Basic Provisions of FML

    Assures reinstatement of the employee to the

    same or an "equivalent" position upon

    completion of FML

    Provides benefit continuation during the FML

    absence (previously had to pay COBRA once

    paid leave ended)

    Prohibits employers from considering the use

    of FML as a negative factor in any

    employment action

  • Basic Requirements of FML

    Designating FML

    Employee Eligibility

    Reasons for Leave

    Eligible Family Members

    Serious Health Condition Factors

    Duration of Leave

    Pregnancy/Parental Leave

    Reinstatement upon Return from Leave

  • Key Point to Remember The department is responsible for designating FML, it is

    not the employee's responsibility to specifically

    request/mention FML.

    Leave may be designated by the University as FML if

    you have knowledge or reason to believe a serious

    health condition exists, for example, the employee:

    Has been off on sick leave, which is then identified as a serious

    medical condition; or

    Has been hospitalized; or

    Is off work due to an occupational injury; or

    Has communicated to you that the need for time-off is to care for

    their own or a family member's serious medical condition.

  • Why Must FML be Designated?

    It is critical that the University designate

    qualifying leave as FML:

    To ensure that the employee gets the benefit and

    protection of the laws; and

    To establish that we have complied with our

    notice and designation obligations; and

    To make sure that we are not obligated to give

    additional family and medical leave during that

    leave year simply because of a failure to properly

    designate the original leave.

  • Who is Eligible for FML?

  • Eligibility

    An employee is eligible for FML if the

    employee:

    Has at least 12 months of UC service (need not

    be continuous); and has actually worked 1,250

    hours during 12-month period prior to FML start

    date (excludes paid leave).

    TIP

    Departments should assume exempt employees are eligible if they have 12 or

    more months of University service.

  • Eligibility

    All prior University service and military leave

    granted by the University, including service with

    and military leave granted by the Department of

    Energy Laboratories (need not be continuous)

    count towards the 12 months of cumulative

    service.

    If an employee requests a second FML leave

    during the same year for the same event, the

    employee does not have to re-qualify.

  • For What Reasons Can FML Be

    Taken?

  • Reasons for Leave

    Parental (Baby Bonding) Leave

    For the birth of a son or daughter, and to care for the

    newborn child;

    For placement with the employee of a son or daughter

    for adoption or foster care;

    Note: If the mother & father are both UC employees,

    both are eligible for 12 weeks of Parental Leave &

    have up to one year from the birth or placement to use

    it

    TIP

    The right to take FML for parental bonding applies equally to male and female

    employees.

  • Reasons for Leave

    Employee's Own Illness or Family Illness

    Because of a serious health condition that

    makes the employee unable to perform the

    functions of his or her job; or

    To care for the employee's spouse, same- or

    opposite-sex domestic partner, son,

    daughter, or parent with a serious health

    condition (excludes "in-laws")

  • For Whom Can Care Be

    Provided?

  • Eligible Family Members

    A child who is a biological, adopted or foster

    child, a stepson or stepdaughter, a legal

    ward, or a child for whom the employee has

    day to day responsibility to care and

    financially support (i.e. loco parentis status).

    The child must be under 18 or else incapable of

    self-care due to a mental or physical disability.

  • Eligible Family Members

    A parent is a biological, adopted or foster

    parent, a stepparent, a legal guardian, an

    individual who assumed the day to day

    responsibility to care for and financially

    support the employee while he/she was a

    child (i.e. loco parentis status).

    "Parent" does not include a parent-in-law.

  • Eligible Family Members

    The department may require (HR

    encourages) a Declaration of Relationship for

    FML when leave requested is due to the

    serious medical condition of an eligible family

    member.

  • Key Point to Remember

    Employers have 5 business days to

    designate FML after the employer learns of

    the FML qualifying condition

    Under limited circumstances, FML can be

    retroactively designated, contact Human

    Resources prior to establishing a retroactive FML

    beginning date

  • What Qualifies As A Serious

    Health Condition?

  • Serious Health Condition

    A serious health condition means an illness, injury,

    impairment, or physical or mental condition that

    involves one of the following:

    1. Inpatient Care

    2. Incapacity of More Than 3 Consecutive Days Plus

    Continuing Treatment by a Health Care Provider

    3. Pregnancy-Related Disabilities

    4. Chronic Conditions Requiring Treatment

    5. Permanent/Long-Term Conditions Requiring Supervision

    6. Multiple Treatments (Non-Chronic Conditions)

    Additional clarification on Serious Health Conditions can be

    found here.

    http://hr.ucr.edu/docs/policies/pdf_docs/policy_loa_define_serious_medical_condition.pdf

  • How Is A Serious Health

    Condition Determined?

  • Certification of Health Care Provider

    It is UC's practice that the determination of a

    serious health condition is reserved for the

    treating health care provider.

    Health Care Providers who may make this

    determination include:

    Doctors of medicine or osteopathy, podiatrists,

    dentists, clinical psychologists, optometrists,

    chiropractors, nurse practitioners, nurse midwives,

    clinical social workers, and physician's assistants.

  • Certification of Health Care Provider

    For FML, the department should request the

    employee his/her medical provide complete the

    applicable Certification of Health Care Provider

    form. There are three forms to choose from:

    an employee's own serious health condition*

    a family member's serious health condition*

    an employee's pregnancy disability*

    * In lieu of the certification, a doctors note should be considered acceptable

    if it contains the required information (see the following two slides)

  • Certification of Health Care Provider (cont.)

    A doctors note should be considered acceptable if it contains the

    following information.

    1. Employees Own Serious Health Condition, including Pregnancy

    Disability

    A statement or sufficient information to conclude the employee has a

    Serious Health Condition, as defined earlier in this presentation

    A statement that the employee is incapable of performing one or more

    essential assigned functions of his/her job (the function the employee is

    unable to perform must be included)

    The date on which the employee's serious health condition began

    The employees probable date of return

    If applicable, a statement indicating the employee should take leave

    intermittently or work on a reduced work schedule and the probable duration

    of such schedule

    If applicable and the condition is chronic, the duration and frequency of

    episodes of incapacity

  • Certification of Health Care Provider (cont.)

    2. Employees Family Member

    A statement indicating the employees family member has a serious

    health condition, as defined earlier in this presentation

    A statement indicating the family member's serious health condition

    warrants the participation of the employee to provide supervision or care

    during a period of the treatment or incapacity or psychological comfort

    If applicable, a statement indicating the employees family member will

    need care intermittently or work on a reduced work schedule and the

    probable duration of such schedule

  • Certification of Health Care Provider

    If an employee submits a Medical

    Certification/Doctors note that is incomplete

    or requires additional clarification, the

    employee must be provided 7 calendar days

    to cure the deficiencies and/or authorize the

    campus' Disability Management Coordinator

    to contact the health care provider.

    Under no circumstances can an employees

    supervisor contact the health care provider.

  • Certification of Health Care Provider

    An employer who has rea

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