June 17, 2014Presented by:

Jackie Swaro, Benefits Administrator – Team LeadJill Scanlon, Senior HR Solutions Partner

Leave ManagementLeave Management

Learning ObjectivesLearning Objectives

Review leave and benefit programs for State Classified, Faculty and Administrative Professional employees.

Types of LeaveTypes of LeaveState Classified/Admin Pro/Faculty

•Annual Leave•Sick Leave•Family Medical Leave (FMLA)•Worker’s Compensation/Injury Leave•USERRA - Military Training and Military Service Leave•Victim Protection Leave

Types of LeaveTypes of LeaveState Classified

•Short Term Disability (STD) Leave

Admin Pro/Faculty•Parental Leave•Sick Leave Advance

Confidentiality of Medical Confidentiality of Medical InformationInformation Employee medical information confidential under the:

o ADA (Americans with Disabilities Act of 1990)

o FMLA (Family and Medical Leave Act of 1993)

o HIPAA (Health Insurance Portability and Accountability Act of 1996)

Direct supervisors should not contact healthcare providers

Maintain medical information in separate files

Disclose medical information only to those who have a business need to know

Annual LeaveAnnual Leave

Use of Annual LeaveUse of Annual LeaveFaculty / Admin Pro and State

Classified

Provided for employee’s personal needs

Typically requested in advance

Approved by supervisor/manager

Leave transfers with employees to new department if new position is leave eligible

Paid out (up to a pre-determined maximum) upon separation

Leave AccrualsLeave AccrualsFaculty/Admin Pro

Annual Leave(12-Month Employees Only)

2 days/Month – 48 day Max

Note: Part-time employees who work regular, non- fluctuating schedules earn a pro-rated amount of leave based on their regular work schedules.

Leave AccrualsLeave AccrualsUpon separation:

•After six (6) months of employment, the employee's accrued annual leave is paid for up to a maximum of twenty-four (24) days upon separation•Except in case of death, the maximum number of days is 24 minus the number of days of AL taken during the thirty (30) working days immediately prior to the date of separation

Leave AccrualsLeave AccrualsState ClassifiedAnnual Leave

•Forfeiture of leave over maximum accrual occurs July 1 each year•Upon termination or death, unused leave paid out up to the maximum accrual rate

Governed by the State Personnel Board Rules, Chapter 5

Years 1 - 5 8 Hours 192 Max HoursYears 6 – 10 10 Hours 240 Max HoursYears 10 – 15 12 Hours 288 Max HoursYears 16+ 14 Hours 336 Max Hours

Sick LeaveSick Leave

Use of Sick LeaveUse of Sick LeaveFaculty / Admin Pro and State

Classified

Provides time off for health reasons including:

oPreventative exams/office visitsoTreatmentsoRecoveryoPeriodic illness

Leave Accruals – Faculty/Admin ProLeave Accruals – Faculty/Admin Pro

Sick Leave(Regular or Special)

1.25 days/Month – No Max•Absences of greater than 3 days may require medical documentation

•480 hours annually can be used for each of the following:o Illness or medical treatment of an member of their immediate family for whom the

individual has responsibility to provide careo Care for a newborn or a child newly placed for adoption or foster care

Note: Part-time employees who work regular, non- fluctuating schedules earn a pro-rated amount of leave based on their regular work schedules.

Sick LeaveGoverned by the State Personnel Board Rules, Chapter 5

Years 1+ = 6.66 hrs/Month – 360 hrs Max

•Can be used for employee’s child, parent, spouse, legal dependent, or a person in the household for whom the employee is the primary caregiver

•After more than three days of absence, a State of Colorado Medical Certification form must be provided

Note: Part-time employees who work regular, non- fluctuating schedules earn a pro-rated amount of leave based on their regular work schedules.

Leave Accruals – State ClassifiedLeave Accruals – State Classified

Sick Leave Advance – Faculty/Admin ProSick Leave Advance – Faculty/Admin Pro

• All newly benefits eligible Faculty or Admin Pros are given an advance of the sick leave they would accrue during their first year in a benefit eligible statuso For example, a 9-month, Regular Faculty hired January 1,

2014 at 100% would receive an advance of 90 hours

• Only sick leave, not annual leave is advanced

Short Term Short Term DisabilityDisability

Short Term DisabilityShort Term DisabilityFaculty / Admin Pro

• Employee is eligible as of date of hire

• Disability period runs concurrent with the elimination period, sick leave and annual leave

• Part-Time employees are eligible, but the 60 work day maximum benefit period is not extended

Monthly Premium No cost to the employee

Elimination Period10 Continuous Working Days of absence or when all sick and annual leave is exhausted, whichever is later

Income Replacement 100% of Covered Monthly Salary

Maximum Benefit Period 60 Working Days

Eligibility Date Date of Hire

Short Term Disability BenefitShort Term Disability BenefitState Classified

• All sick leave must be exhausted before receiving Short Term Disability benefits (within or beyond the 30 day elimination period)

• Annual leave must be used until calendar day 30, if sick leave is exhausted

Note: Annual leave may be used beyond the 30 day elimination period to receive 100% pay in lieu of 60% Short Term Disability income replacement benefit

Monthly Premium No cost to the employee

Elimination Period 30 Calendar Days

Income Replacement 60% of Pre-Disability Income

Maximum Benefit Period 180 Calendar Days (Includes elimination period)

Eligibility Date Date of Hire

Short Term Disability LeaveShort Term Disability LeaveState Classified

STD Leave and eligibility:

•1 year of service

•Submission of STD application within 30 days of absence (and approved)

•Job protection for up to 6 months

Parental Parental LeaveLeave

Parental LeaveParental LeaveFaculty / Admin Pro

Benefits = three weeks of pay within the 12 months following birth or adoption for either parent.

Long Term Long Term DisabilityDisability

Long Term DisabilityLong Term DisabilityFaculty / Admin Pro

• Offset by other income benefits including Social Security, Worker’s Compensation, disability benefits payable under any employer group insurance, retirement benefits or paid leave

Monthly Premium No cost to the employee

Elimination Period 90 Calendar Days

Income Replacement 60% Monthly Salary PERA 69% Monthly Salary DCP

Maximum Benefit Period Determined by your age when disability begins – reference the summary plan description

Long Term Disability Long Term Disability State Classified

• Evidence of Insurability is required

• LTD income replacement benefits are 60% up to age 65, if plan requirements are met

• Offset by other income benefits including Social Security, Worker’s Compensation, disability benefits payable under any employer group insurance, retirement benefits or paid leave

Monthly Premium Premiums determined by age, salary and PERA vested status

Elimination Period 180 DaysIncome Replacement 60% Pre-Disability Income

Maximum Benefit PeriodDetermined by your age when Disability begins – reference the certificate of insurance

Family Medical Family Medical LeaveLeave

Family Medical LeaveFamily Medical LeaveFaculty / Admin Pro and State Classified

Family Medical Leave (FML) may apply for one or a combination of the following reasons:

• The birth of a child to the Eligible Employee or the Eligible Employee's spouse and care for the newborn

• The placement of a child for adoption or foster care with the Eligible Employee or the Eligible Employee's spouse and care for the newly placed child

• Care for a spouse, child, or parent with a serious health condition

• Inability of the Eligible Employee to perform one or more of the essential functions of his or her position because of his or her serious health condition

• Military – Caregiver or Qualifying Exigency Leave

Family Medical Leave EligibilityFamily Medical Leave Eligibility

Faculty / Admin Pro and State Classified

•Appointed or employed at CSU for at least twelve (12) months and

•Has worked at least 1,040 (or 1,250 for SC) hours during the twelve (12) months immediately preceding the commencement date of the leave

• Administrative professionals with regular, special or senior teaching appoints and 9-month faculty appointments of half-time or greater are deemed to meet the 1,040 hour standard, assuming that all other eligibility criteria are met

Family Medical Leave EntitlementFamily Medical Leave Entitlement

Faculty / Admin Pro

• Eligible for twelve (12) work weeks of FML during a “rolling” twelve (12) month period measured from the first date the employee uses FML to the same date twelve (12) months later

• Allows leave to be continuous, reduced-time or intermittent, when medically necessary

• FML leave is unpaid• Runs concurrently with all other types of paid leave

Family Medical Leave EntitlementFamily Medical Leave Entitlement

State Classified

• Eligible for thirteen (13) work weeks of FML during a fiscal year (July 1 - June 30)

• Effective July 1, 2014, State Classified FML will be calculated via the “rolling” twelve (12) month period

• Allows leave to be continuous, reduced-time or intermittent, when medically necessary

• FML leave is unpaid• Runs concurrently with all other types of paid leave

FML – Employee ResponsibilityFML – Employee Responsibility

Faculty / Admin Pro and State Classified

• At least 30 days notice prior to leave date, when foreseeable

• Notification to the department as soon as possible, when unforeseeable

• Submits medical certification completed by the healthcare provider

• Medical certification form must be returned within 15 calendar days from the receipt of the Notice of Rights and Responsibilities

Note: The University is required under Federal regulations to “Notify” an employee under FML when they become aware of an employee’s need for leave which may be eligible for FML. The employee is not required to request it, but department is obligated to provide when knowledge of qualifying absence is gained.

FML – Department ResponsibilityFML – Department ResponsibilityFaculty / Admin Pro and State Classified

• Required Documentation

o Notice of Rights and Responsibilities

o Medical Certification Form

• Employee’s Own Serious Health Condition

• Family Member’s Serious Health Condition

o Designation Notice

• Evaluate FML eligibility (planned and unplanned absences)

o Determine if an absence of more than three (3) days is FML eligible and send via certified mail

o Must provide notice of eligibility to the employee within five (5) business days

o Hand deliver to employee the above paperwork for planned absences in advance of the leave date

• Once supporting documentation is received, leave must be designated as FML within 5 business days

• Individual departments are responsible for FML records and Oracle entry

• Departments must send copies of FML to Human Resources

Family Medical Leave - MilitaryFamily Medical Leave - Military

Faculty / Admin Pro and State Classified

•FML Military Caregiver Leave (2008)

•FML Qualifying Exigency Leave (2008)

•In 2010 the FMLA was again amended, expanding the military-related leave protections. The FMLA was also amended to include a special eligibility provision for airline flight crew employees.

•Intended to allow families of members of the, Armed Forces, National Guard and Reserves to manage their affairs while the family member is on active duty

•12 weeks of standard FML (13 weeks for State Classified) can be for any “qualifying exigency”

Family Medical Leave - MilitaryFamily Medical Leave - Military

Faculty / Admin Pro and State Classified

•FML Qualifying Exigency Leave (2008)

•Qualifying Exigency is defined as:o Short-notice deployment;o Military events and related activities;o Childcare and school activities;o Financial and legal arrangements;o Counseling;o Rest and recuperation;o Post-deployment activities; ando Additional activities not encompassed above and agreed upon by the

employee and employer

Family Medical LeaveFamily Medical LeaveFaculty / Admin Pro and State

Classified

Federal Regulations

• Interfering with or discouraging the use of FML• Breaching confidentiality of health information• Discharging or discriminating• Retaliation

Other Leave Other Leave TypesTypes

Military LeaveMilitary LeaveFaculty / Admin Pro and State Classified

•Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994

• Prohibits employers from discriminating against individuals because of past, present or future membership in a uniformed service

• Provides employees certain reemployment rights

• Military Training Leave

• Paid leave for annual training

• Max 15 days per calendar year (Faculty/Admin Pro) or fiscal year (State Classified)

•Military Leave

• Provides unpaid leave to military personnel called to active duty

• Employee may use annual leave before unpaid time

• May use any remaining Military Training Leave

Military LeaveMilitary LeaveFaculty / Admin Pro and State

Classified

USERRA and the FMLATogether, USERRA and the FMLA create four different types of legally protected leave:•Military leave for the affected employee. •Military family leave for the employee who has a family member affected by military leave. •Medical leave for the affected employee. •Family medical leave for the employee having a medically affected family member.

Worker’s CompensationWorker’s CompensationFaculty / Admin Pro and State

Classified

•Provides up to 90 days of full pay for injury compensable under Workers’ Compensation

•Runs concurrently with FML•Employee – First Report within 4 days. Failure to do so can result in the loss of one day's benefits for each day's failure to report. The employee is to complete the online form and submit it to their Departmental Designated Person. •Once the Designated Person (DDP) receives email notification of injury, review and complete the required departmental section and submit the completed form to EHS.

Victim Protection LeaveVictim Protection LeaveFaculty / Admin Pro and State Classified

•Colorado Domestic Abuse Leave Lawo Employers must permit an eligible employee to take leave from work to

protect himself or herself from particular acts of violenceo Provides up to 24 hours (pro-rated for part-time) of unpaid leave

•Eligibilityo Employee has been employed for minimum of 12 monthso Must exhaust sick and annual leaveo Victim of domestic abuse, stalking or sexual assault

•Confidentialityo Information must be maintained in files distinct from personnel files

Keep in mind…Keep in mind…Americans with Disabilities Act (ADA)

•Under the guidelines of the ADA, an individual with a disability is defined as a person who:

o Has a physical or mental impairment that substantially limits one or more major life activities; or

o Has a record of such an impairment; or

o Is regarded as having such an impairment

•A qualified employee or applicant is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question

Keep in mind…Keep in mind…Physical Inability

•All leave benefits exhausted?

o Family Medical Leave

o Short Term Disability Leave (if applicable)

o Sick and Annual Leave

•Employee still unable to return to work or cannot return and perform essential functions?

• Consultation with Office of Equal Opportunity

•Distinct processes exist for requesting administrative separation for physical inability between Faculty/Admin Pro and State Classified

Human Resources555 S Howes Street, Second Floor

Fort Collins, CO 80523(970) 491-MyHR (6947)www.hrs.colostate.edu