ucf human resources – leave of absence & workers’ comp ben anderson, leave administration...

UCF Human Resources – Leave of Absence & Workers’ Comp

Ben Anderson, Leave Administration ManagerRobert Guarneri , Associate Director

FAMILY MEDICAL LEAVE FAMILY MEDICAL LEAVE ACT - FMLAACT - FMLA

FAMILY MEDICAL LEAVE FAMILY MEDICAL LEAVE ACT - FMLAACT - FMLA


GOALSGOALS• IMPROVE COMMUNICATIONS BETWEEN HR AND

UNIVERSITY DEPARTMENTS REGARDING FMLA

• INCREASE EMPLOYEE AWARENESS CONCERNING THEIR RIGHTS AND RESPONSIBILITIES IN REGARDS TO FMLA

• IMPROVE THE NUMBER OF LEAVE REQUESTS SUBMITTED WITHIN THE REQUIRED TIMELINES

• REDUCE THE ISSUES THAT CAN CONTRIBUTE TO DELAYS AND HARDSHIPS THAT THE EMPLOYEE MAY EXPERIENCE.


The Purpose of FMLAThe Purpose of FMLA Assist employees in balancing work demands and

family needs under certain circumstances. Allow leaves to be granted on a gender-neutral

basis. Promote the national interest of preserving family

integrity. Allow employees to take such leave in a manner

which accommodates the legitimate BEST interests of the employer.


What is FMLA What is FMLA Federal Law first instituted in 1993

All UCF employees who have been employed for one year and have worked a minimum of 1250 hours are eligible

Provides employees up to 12 weeks or 480 hours of unpaid, job protected leave per fiscal year

Designed to be used for specific serious health conditions.


FMLA FMLA Also includes Military Family Leave for

qualifying exigencies and Injured Service Member Care Leave

Anything directly arising from the military member’s deployment, such as:

1. Official ceremonies,

2. Family Support and Assistance Program

Activities

3. Military Informational meetings/briefings

4. Pre-deployment briefings and events.


FMLA DEADLINESFMLA DEADLINES

There are two mandatory federal deadlines required for employers to meet regarding FMLA Processing:

1. The “Notice” - 5 days

• FMLA Notification of Eligibility

• Notify HR by Phone or email 2. The “Request” - 5 days

• Approval or Denial of Leave Request


First Five Day First Five Day NoticeNotice PeriodPeriod

EE has 15 days from date of letter to provide supervisor the

Medical or Parental Leave request and Certification of

HealthCare Provider, Deadline date is in the letter.

This completes the First Five Day “Notice” Period

EE provides NOTICE to Department

Day One

Department must notify HR within 24

hours

Day Two

HR must determine eligibility and send notification letter

and forms

Day Three, Four, Five


Second Five Day Second Five Day RequestRequest PeriodPeriod

EE and Department are given all details and requirements to fulfill in the Approval letter and

should adhere to deadline dates provided.

This completes the Second Five Day “Request” Period

EE must complete a Request for Leave &

provide a Certification of

HealthCare Provider form to Supervisor

Day One

Department must review, obtain

signatures & submit forms to HR within

24-48 hours of receipt from

employee

Day Two, Three

HR must review, calculate benefits,

deal with any issues, approve or deny & send approval or

denial letter

Day Four, Five


How can UCF be Liable for How can UCF be Liable for Failure to Meet FMLA Failure to Meet FMLA

Guidelines? Guidelines? Failure to notify employee of rightsailure to notify employee of rights Poor recordkeepingPoor recordkeeping Denying or interfering with leaveDenying or interfering with leave Failure to restore to a similar positionFailure to restore to a similar position Discipline/Discharge in retaliation for requesting Discipline/Discharge in retaliation for requesting

leaveleave

Monetary Penalties can be imposed for failure toMonetary Penalties can be imposed for failure to

meet FMLA guidelines.meet FMLA guidelines.


FMLA Protection for the FMLA Protection for the EmployeeEmployee

FMLA absences CANNOT be counted against the employee for attendance or disciplinary purposes.


FMLA Protection for UCF

The University is not required to grant more than 12 weeks or 480 hours of unpaid leave per fiscal year.


Who Represents UCF as the Who Represents UCF as the Employer?Employer?

The employer is defined as one who acts, directly or indirectly, in the interest of the employer.

UCF Specific: Vice Presidents, Deans, Chairs, Directors, Supervisors, Department Managers, Payroll Processors, Office Managers, et al.

If not properly managed, there is potential exposure for litigation.


When Should an When Should an Employee Request a Employee Request a

Medical LeaveMedical Leave University Procedure requires an

employee who is out more than 10 days to request a Leave of Absence.


QUICK RECAP

1. The “Notice” - 5 days

• FMLA Notification of Eligibility

• Notify HR by email or by phone 2. The “Request” - 5 days

• Approval or Denial of Leave Request 3. Required Forms

• Medical or Parental Leave Request Form

• Certification of Health Care Provider Form

• Intent to Return to Work and Medical Release Form


FMLA SEMINARS

FMLA TOOLKIT FOR SUCCESS • ONE HOUR SEMINAR FOR SUPERVISORS AND

PROCESSORS• ONE HOUR SEMINAR FOR MANAGERS

MOM AND ME SEMINARS • PARENTAL LEAVE SEMINAR


FMLA ToolkitFMLA Toolkit Employee Rights and Responsibilities Medical or Parental Leave Request Form Certification of Health Care Provider for

Employee’s Serious Health Condition Certification of Health Care Provider Form for a

Family Member with a Serious Health Condition Intent to Return to Work and Medical Release

Form Medical Leave Checklist Parental Leave Checklist FMLA Tracking Log Leave Audit Form Military Leave Procedures


Questions?

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