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NYC Dept. of EducationLeaves of AbsenceSchool Secretary Professional Development Day
2010
1
What you can expect
This presentation will: Provide updates Clarify policies Offer tips to streamline
application processing
This presentation will: Provide updates Clarify policies Offer tips to streamline
application processing
2
On the Agenda
Line of Duty Injury (LODI) Sabbaticals Family & Medical Leave Act
(FMLA) Administrative Staff Leaves Return from Leaves Principal’s Responsibility Timekeeping Q&A
Line of Duty Injury (LODI) Sabbaticals Family & Medical Leave Act
(FMLA) Administrative Staff Leaves Return from Leaves Principal’s Responsibility Timekeeping Q&A 3
Line of Duty Injury
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What is LODI?
Line of Duty Injury Accident or incident while
employee is working Applies to licensed pedagogue
(plus UFT educational paraprofessionals and DC37 family paraprofessionals/school aides in the case of assault)
For other titles, file C2 form for Worker’s Compensation online at Dept. of Labor website
Line of Duty Injury Accident or incident while
employee is working Applies to licensed pedagogue
(plus UFT educational paraprofessionals and DC37 family paraprofessionals/school aides in the case of assault)
For other titles, file C2 form for Worker’s Compensation online at Dept. of Labor website
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Roles in the LODI Process
Employee Payroll Secretary Principal Superintendent Leaves Admin Office
Employee Payroll Secretary Principal Superintendent Leaves Admin Office
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The Employee Should…
Report the incident within 24 hours
Complete and sign the written statement
Sign and date the Comprehensive Injury Report (CIR) Fact Sheet
Obtain medical documentation from their physician on the OP198 or OP407
Complete the Assignment form OP 200
Report the incident within 24 hours
Complete and sign the written statement
Sign and date the Comprehensive Injury Report (CIR) Fact Sheet
Obtain medical documentation from their physician on the OP198 or OP407
Complete the Assignment form OP 200
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Payroll Secretary/OORS Administrator Role
Enter the 46PLD in EIS timekeeping screen(s) (9.1.1 or 9.2.1)
Log the incident in Online Occurrence Reporting System (OORS)
Download the reports from OORS Ensure the written statement is complete and signed Complete an OP 198 and ensure the principal signs the form Ensure that the employee returns the OP 200 signed and
notarized, and that it is placed in the employee’s file Send all Comprehensive Injury Report (CIR) forms, along
with the principal’s recommendation, to the superintendent for a signed determination
Ensure that the superintendent returns the CIR-Fact Sheet with their signed determination
Gather OP 198, Comprehensive Injury Report, and the written statement, and forward to the HR Connect Leaves Administration for processing
LODI that does not result in an absence should be filed at the school
Enter the 46PLD in EIS timekeeping screen(s) (9.1.1 or 9.2.1)
Log the incident in Online Occurrence Reporting System (OORS)
Download the reports from OORS Ensure the written statement is complete and signed Complete an OP 198 and ensure the principal signs the form Ensure that the employee returns the OP 200 signed and
notarized, and that it is placed in the employee’s file Send all Comprehensive Injury Report (CIR) forms, along
with the principal’s recommendation, to the superintendent for a signed determination
Ensure that the superintendent returns the CIR-Fact Sheet with their signed determination
Gather OP 198, Comprehensive Injury Report, and the written statement, and forward to the HR Connect Leaves Administration for processing
LODI that does not result in an absence should be filed at the school 8
The Principal’s Role
Investigate the incident Provide recommendation
to the superintendent within 24 hours
Investigate the incident Provide recommendation
to the superintendent within 24 hours
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Superintendent’s role
Sign and indicate a determination on the Comprehensive Injury Report-Fact Sheet
Return report to school within 5 days
Sign and indicate a determination on the Comprehensive Injury Report-Fact Sheet
Return report to school within 5 days
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Leaves Admin Office Role
Process the application Log determination in EIS
medical screen Send approval/denial, letter
and OP198 back to the school and employee
Process the application Log determination in EIS
medical screen Send approval/denial, letter
and OP198 back to the school and employee
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Common Delays
Principal’s determination missing on OP198 for short-term LODI
Superintendent’s signature and/or determination missing
Principal’s determination missing on OP198 for short-term LODI
Superintendent’s signature and/or determination missing
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Short-Term LODI Considerations
LODI that does not result in an absence should be completed and signed by the superintendent and kept at the school
The principal has the authority to approve leaves of 10 days or less resulting from LODI
However, in cases where principals have concerns, these cases will be subject to review by the Medical Administration Office.
LODI that does not result in an absence should be completed and signed by the superintendent and kept at the school
The principal has the authority to approve leaves of 10 days or less resulting from LODI
However, in cases where principals have concerns, these cases will be subject to review by the Medical Administration Office.
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Sabbatical Leaves for Study or Restoration of Health
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What is a Sabbatical?
Paid leave intended to give the pedagogical employee an opportunity to return as a stronger asset to DOE
Two main types of sabbaticals Study Restoration of Health
Eligibility requirements are based on years of service, types of service credited, prior sabbatical leave charged against entitlement, and service required immediately prior to sabbatical leave
Paid leave intended to give the pedagogical employee an opportunity to return as a stronger asset to DOE
Two main types of sabbaticals Study Restoration of Health
Eligibility requirements are based on years of service, types of service credited, prior sabbatical leave charged against entitlement, and service required immediately prior to sabbatical leave
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Roles in the Sabbatical Leave process
Employee Principal Payroll Secretary Superintendent Leaves Administration Office
Employee Principal Payroll Secretary Superintendent Leaves Administration Office
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The Employee’s Role
Complete OP8 and statement by applicant for UFT Sabbatical leave of absence (attachment #4)
Complete OP407 (health only) Provide principal with prescribed coursework (study
only) and OP8 for approvalNote: Online coursework is not acceptable
Send application to the HR Connect Leaves Administration Office after obtaining principal and superintendent signature
Complete Addendum form to study sabbatical application and obtain superintendent’s signature if coursework changes
At the conclusion of Study Sabbatical, send official transcripts to the HR Connect Leaves Administration Office
Employee must return to service to fulfill sabbatical return requirements
Complete OP8 and statement by applicant for UFT Sabbatical leave of absence (attachment #4)
Complete OP407 (health only) Provide principal with prescribed coursework (study
only) and OP8 for approvalNote: Online coursework is not acceptable
Send application to the HR Connect Leaves Administration Office after obtaining principal and superintendent signature
Complete Addendum form to study sabbatical application and obtain superintendent’s signature if coursework changes
At the conclusion of Study Sabbatical, send official transcripts to the HR Connect Leaves Administration Office
Employee must return to service to fulfill sabbatical return requirements
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The Principal’s Role
Sign to indicate approval decision (study only) or acknowledge receipt of the application (health)
Forward OP8 to Superintendent
Sign to indicate approval decision (study only) or acknowledge receipt of the application (health)
Forward OP8 to Superintendent
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Payroll Secretary
Work with the principal to ensure that paperwork is submitted to the superintendent
Ensure timekeeping is up-to-date Advise employees regarding the
consequences for failure to return from sabbatical leave
Work with the principal to ensure that paperwork is submitted to the superintendent
Ensure timekeeping is up-to-date Advise employees regarding the
consequences for failure to return from sabbatical leave
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Superintendent’s role
Review coursework (study sabbatical only)
Ensure that coursework is taken during business hours
Sign and indicate a determination
Return application to the school if denied
Forward approved applications to the HR Connect Leaves Administration Office
Review coursework (study sabbatical only)
Ensure that coursework is taken during business hours
Sign and indicate a determination
Return application to the school if denied
Forward approved applications to the HR Connect Leaves Administration Office
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Leaves Admin Office Role
Process the application Enter transaction in
NYCAPS Send approval/denial letter
back to the school and employee
Validate coursework at conclusion of study sabbatical
Process the application Enter transaction in
NYCAPS Send approval/denial letter
back to the school and employee
Validate coursework at conclusion of study sabbatical
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Common Delays
Statement by applicant for UFT Sabbatical leave of absence (attachment #4) missing
Superintendent signature missing
Timekeeping not up-to-date for less than 6 month health sabbatical
Study sabbatical applications that arrive after the due date
Statement by applicant for UFT Sabbatical leave of absence (attachment #4) missing
Superintendent signature missing
Timekeeping not up-to-date for less than 6 month health sabbatical
Study sabbatical applications that arrive after the due date
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Other Sabbatical Considerations
Final approval of sabbaticals is NOT complete until the Leaves Administration office has administratively approved the leave
Study Sabbaticals that involve travel are not approved
It is very important that the submission happens in a timely fashion
Final approval of sabbaticals is NOT complete until the Leaves Administration office has administratively approved the leave
Study Sabbaticals that involve travel are not approved
It is very important that the submission happens in a timely fashion
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Family and Medical Leave Act
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What is FMLA?
Family & Medical Leave Act (federal law)
Secures job and benefits while out for qualifying family or medical reasons
Eligible employees are entitled to 12 weeks per 12 month period
Family & Medical Leave Act (federal law)
Secures job and benefits while out for qualifying family or medical reasons
Eligible employees are entitled to 12 weeks per 12 month period
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FMLA Eligibility
Must be an active employee for a minimum of 12 months of city service prior to the leave OR
Must have worked a minimum of 1250 hours (city service) in the immediate 12 months prior to the leave
Must be an active employee for a minimum of 12 months of city service prior to the leave OR
Must have worked a minimum of 1250 hours (city service) in the immediate 12 months prior to the leave
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FMLA Qualifying Events
Maternity Child Care
New baby Adoption Foster Care
Care of a seriously ill spouse, parent or child
Restoration of Health (Own serious health condition)
Maternity Child Care
New baby Adoption Foster Care
Care of a seriously ill spouse, parent or child
Restoration of Health (Own serious health condition)
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Roles in the FMLA Leave process
Employee Principal Payroll Secretary Leaves Administration
Office
Employee Principal Payroll Secretary Leaves Administration
Office
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The Employee’s Role
Complete application Work with Payroll Secretary
to understand the breakdown (paid/unpaid) of their leave
Submit completed, signed application and supporting docs to the HR Connect Leaves Administration Office
Complete application Work with Payroll Secretary
to understand the breakdown (paid/unpaid) of their leave
Submit completed, signed application and supporting docs to the HR Connect Leaves Administration Office
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The Principal’s Role
Sign all forms Sign all forms
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Payroll Secretary
Ensure timekeeping is up-to-date
Complete OP198 if applicable
Work with employee to help them understand the breakdown of their leave (paid/unpaid)
Ensure timekeeping is up-to-date
Complete OP198 if applicable
Work with employee to help them understand the breakdown of their leave (paid/unpaid)
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Leaves Admin Office Role
Process the application Enter transaction in
NYCAPS Send approval/denial letter
to the school and employee
Process the application Enter transaction in
NYCAPS Send approval/denial letter
to the school and employee
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Common Delays
Misunderstanding "paid" and "unpaid" FMLA and when the 12-week count begins
Using old FMLA application which does not indicate "Date Employee Comes Off Payroll"
Submission of applications for employees who are not eligible
Misunderstanding "paid" and "unpaid" FMLA and when the 12-week count begins
Using old FMLA application which does not indicate "Date Employee Comes Off Payroll"
Submission of applications for employees who are not eligible
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Other FMLA Considerations
Paid and unpaid both count towards FMLA
SLOAC Entitlements
Paid and unpaid both count towards FMLA
SLOAC Entitlements
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Restoration of Health Example
FMLA (Paid)
FMLA (Unpaid)
SLOAC (Unpaid) - if applicable
Sick (Unpaid)
8 weeks
Accrued Leave
12 weeks (Paid and Unpaid FMLA)
12 weeks
Start
of
Leave
End
of
Leave
Remainder of Leave
Start of COBRA
Start of SLOAC
4 weeks
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Employee Role If the employee wants to extend or
apply for a new leave: Complete application
PD6 for health FMLA Letter of Request for child care or other
non-medical leave Provide documentation
(for example, copy of birth certificate or footprints for child care leave)
Obtain supervisor approval and signature
If the employee wants to extend or apply for a new leave: Complete application
PD6 for health FMLA Letter of Request for child care or other
non-medical leave Provide documentation
(for example, copy of birth certificate or footprints for child care leave)
Obtain supervisor approval and signature
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Leaves Administration Role Process application Send approval/denial to supervisor
and employee Enter leave of absence in NYCAPS Return applicant from leave of
absence in NYCAPS
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Returning from a Leave of Absence
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Return From Leave TrackingSystem (LTS)
Tracks employees’ intentions upon expiration of their leave
Helps schools and CFNs to make budgeting and hiring decisions for the coming school year
Tracks employees’ intentions upon expiration of their leave
Helps schools and CFNs to make budgeting and hiring decisions for the coming school year
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Roles in the Return from Leave process
Employee Payroll Secretary Principal Leaves Administration
Office
Employee Payroll Secretary Principal Leaves Administration
Office
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The Employee’s Role
Log in to the Leave Tracking System
Enter intention Call school Other actions as required
(depending on the employee’s intention)
For technical support call HR Connect
Log in to the Leave Tracking System
Enter intention Call school Other actions as required
(depending on the employee’s intention)
For technical support call HR Connect
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Payroll Secretary
Review report Work with principal to discuss
who is coming back and who is not
Email [email protected] if you need a user account
Review report Work with principal to discuss
who is coming back and who is not
Email [email protected] if you need a user account
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Principal Role
Principal validates return
Creates job ID for return
Returns
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Leaves Admin Office Role
If the employee wants to extend or apply for a new leave: Process the application Enter transaction in NYCAPS Send approval/denial letter to
the school and employee
If the employee wants to extend or apply for a new leave: Process the application Enter transaction in NYCAPS Send approval/denial letter to
the school and employee
45
Common Delays
Employee fails to enter intention
Employee does not submit leave application and supporting documentation after submitting their intention in the Leave Tracking System
Employee fails to enter intention
Employee does not submit leave application and supporting documentation after submitting their intention in the Leave Tracking System
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Additional Information for Principals
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Other Considerations for Principals
Replacement strategy for employees—substitutes must be used to replace a person on a leave for less than one year
We are now accepting email signatures
Replacement strategy for employees—substitutes must be used to replace a person on a leave for less than one year
We are now accepting email signatures
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Maternity
From date of birth up to six weeks (8 weeks cesarean)
May borrow up to 20 CAR days if CAR balance has been exhausted, but not beyond the 6 or 8 week maternity leave
Entitled to one calendar month of Grace Period per school year; must be used during 6 or 8 week maternity leave
Employee must return to work after the 6 or 8 weeks or apply for a leave of absence without pay for child care
Admin employees can use annual time during child care leave
From date of birth up to six weeks (8 weeks cesarean)
May borrow up to 20 CAR days if CAR balance has been exhausted, but not beyond the 6 or 8 week maternity leave
Entitled to one calendar month of Grace Period per school year; must be used during 6 or 8 week maternity leave
Employee must return to work after the 6 or 8 weeks or apply for a leave of absence without pay for child care
Admin employees can use annual time during child care leave
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Maternity – Case Studies
The 23 CAR days used prior to DOB were medically certified No paid option after maternity
1st Day Absent: 01/05/2009 Baby DOB: 02/06/2009
Teacher + 47 CAR Balance 6 Weeks 03/19/2009
Borrow 20 CAR
Grace Period 30 Calendar days FMLA Entitlement ends: 03/29/2009 12 weeks
Commencement date of Leave:
What date goes on the FMLA application?
Probable date of return:
When did the teacher go off payroll?
Benefits are automated for pedagogical employee in NYCAPS
Unpaid FMLA 03/20/2009
SLOAC Not entitled during child care
01/05/2009
01/05/2009 to 3/29/2009
03/30/2009
03/20/2009
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Restoration of Health
Must exhaust Cumulative Absence Reserve (CAR) days
May borrow up to 20 CAR days if CAR days have been exhausted
Entitled to one calendar month of Grace Period per school year
After exhausting timekeeping options, teacher must return to work or apply for a leave of absence for restoration of health leave without pay
Must exhaust Cumulative Absence Reserve (CAR) days
May borrow up to 20 CAR days if CAR days have been exhausted
Entitled to one calendar month of Grace Period per school year
After exhausting timekeeping options, teacher must return to work or apply for a leave of absence for restoration of health leave without pay
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Restoration of Health-Case Studies1st Day Absent: 11/03/08
Teacher + 24 Car Balance
Borrow - 06 Car Days
Grace Period 30 Calendar Days
FMLA Entitlement ends: 01/25/2009
Probable date of return 05/18/2009
What is the duration of FMLA entitlement? From: TO: What date did the teacher go off payroll? SLOAC runs concurrently with unpaid FMLA
FMLA unpaid 01/17/2009 – 01/25/2009 SLOAC 01/17/2009 – 05/17/2009
11/3/2008 01/25/2009
01/17/2009
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Leaves Distribution WorksheetCase # _1-12345678_____________ Leave Type _Restoration of Health_________
Employee EIS#_01234567_________ EIS NYCAPS
Requested Leave Start date:11/03/2008 End date:05/17/2009
Approved Leave (W/O PAY) Start date:01/17/2009 End date:05/17/2009
Leave type Start date End date Total number of school days/weeks
HRIS code
CAR (EIS) 11/03/08 12/08/08 24Annual/Sick Usage (NYCAPS)Borrowed days 12/09/08 12/16/08 06Grace Period 12/17/08 01/16/09 15
Paid FMLA 11/03/08 01/16/2009Unpaid FMLA 01/17/2009 01/25/2009SLOAC 01/17/2009 05/17/2009
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Line of Duty Injury (LODI)
If LODI is pending a medical determination Determine the number of days in
CAR or sick bank Add a reserve of 20 days
(borrowed) To that total add up to one
calendar month of absence (grace period)
If LODI is pending a medical determination Determine the number of days in
CAR or sick bank Add a reserve of 20 days
(borrowed) To that total add up to one
calendar month of absence (grace period)
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Line of Duty Injury – Case StudiesDate of accident: 11/03/2008
Teacher + 30 CAR Balance 12/17/2008
Borrow - 20 CAR 01/26/2009
Grace Period 30 Calendar days 02/25/2009
What date should the teacher put on the OP 160?
Benefits are automated for pedagogical employee in NYCAPS
02/26/2009 to 06/26/2009
Absences should be coded as 46PLD. If LODI is pending medical review beyond CAR balance, the payroll secretary
should calculate CAR, Borrowed and Grace Period and stop direct deposit before Grace Period begins. Checks should be returned.
02/26/2009
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Leaves Distribution WorksheetCase # ______________ Leave Type __________
Employee #__________ EIS NYCAPS
Requested Leave Start date: End date:
Approved Leave (W/O PAY) Start date: End date:
Leave type Start date End date Total number of school days/weeks
HRIS code
CAR (EIS)
Annual/Sick Usage (NYCAPS)Borrowed days
Grace Period
Paid FMLA
Unpaid FMLA
SLOAC
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Helpful Hints
Direct deposit should be stopped when grace period (46GRN) is to be entered
Understand Grace Period codes Clearly enter time usage on the
OP198 form when applicable (CAR, borrowed and grace)
Follow-up with employees who do not return from leave to ensure leave extension or separation from service options are taken
Direct deposit should be stopped when grace period (46GRN) is to be entered
Understand Grace Period codes Clearly enter time usage on the
OP198 form when applicable (CAR, borrowed and grace)
Follow-up with employees who do not return from leave to ensure leave extension or separation from service options are taken
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For more information… Contact HR Connect
Phone (718) 935-4000 Fax (718) 935-4350
Visit the DHR website http://schools.nyc.gov/Offices/DHR
Consult your local CFN
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