LEAVES OF ABSENCES. SESSION HIGHLIGHTS Family and Medical Leave Act, (FMLA) Extended Leave ...

LEAVES OF ABSENCES

SESSION HIGHLIGHTS

Family and Medical Leave Act, (FMLA) Extended Leave Workers’ Compensation, (WC) Americans with Disabilities Act Amended (ADAA) Bereavement Leave Military Leave Jury Duty

What you Need to Know

MASTERING FMLA

FMLA ObjectivesYou will be able to:

Employee Serious health conditions The birth, adoption,

or foster care of a child To care for a spouse, son, daughter or

parent with a serious health condition Sudden or urgent demands away from

work related to a close relative’s active duty in the military or call to active duty

FMLA helps employees deal with:

FMLA HISTORY

WHY IS FMLA IMPORTANT?

Job protected leaveContinuation of group Health Coverage

EMPLOYEE ELIGIBILITYMust work

where there are 50 or

more employees

on-site or within a

75-mile radius

Must have worked for a

total of at least 12 months

Must have worked for a total of at least 1,250 hours in the most recent 12 months

FMLA SERIOUS HEALTH CONDITIONCONTINUING TREATMENT Incapacity lasting more than 3 consecutive full calendar

days and involves: 2 or more treatments by or under the supervision, orders, or

referral of a health care provider OR 1 treatment by a health care provider followed by a regimen

of continuing treatment under the supervision of the health care provider (prescription medications, physical

therapy, over-the-counter medications, bed rest, fluid intake, etc.)

Not suppose to include common cold, flu, ear aches, upset stomach, minor ulcers, routine dental procedures, etc.

FMLA EMPLOYER NOTIFICATION

Employer must notify Employee of eligibility within 5 days of FMLA being requested. Notification should be in writing. Failure to notify Employee prevents Employer from contesting leave at a later date.

FMLA does not begin until the Employer notifies the Employee that the Employee is taking leave under FMLA. Notification must be in writing.

Each medical condition that qualifies for FMLA must have a Certification of Health Care Provider completed to substantiate that the condition is an FMLA qualified condition.

EMPLOYER NOTIFICATION INCLUDES Preliminary FMLA Letter with: DOL Certification of Health Care Provider (Form WH 380)

Must be acquired for each Serious Health Condition. (15 Calendar Days to return)

Response to Employee Request for FMLA (Form WH 380) Must be sent for each Serious Health Condition.

Official FMLA Notification Letter with: Fitness for Duty Certification (FFD) Must be acquired for

each Serious Health Condition.

FMLA INSURANCE ISSUES

Employer must continue to make the same Employer payments just as if the employee was working.

Employee option to pay early, run out paid time off, less expensive.

If the Employee fails to make payments within 30 days of the due date insurance benefits will cease.

The Employer must give 15 days written notice that the insurance benefits will cease otherwise the benefits must continue.

FMLA, W/C & ADA

FMLA leave runs CONCURRENT with Workers’ Compensation and ADA leaves

Sick time and vacation time is used first and run CONCURRENTLY with FMLA

The remaining FMLA time is unpaid after all paid sick and/or vacation time is used

RETURN FROM FMLA

Must return to the same or similar position prior to taking FMLA.

Compensation must be the same.

CONFIDENTIAL RECORDS KEEPING

Record of disputes

Key Points To Remember

The FMLA helps balance work and family responsibilities

Employees maintain benefits while keeping job security

Up to 12 weeks allowed in a 12-month period

Up to 26 weeks allowed to care for family servicemembers and veterans

Leave can be taken intermittently

If in doubt, consult HR!

EXTENDED LEAVE

What is it…………… The Salvation Army Policy

Unpaid leave of absence a privilege TSA extended to qualified employee

Specific Periods of time Includes any necessary accommodations as required under ADA

Medical/personal reasons FMLA Coordination

Unpaid leave time approved under the FMLA policy will be counted toward the maximum amount of unpaid leave available under this policy

EXTENDED LEAVE ELIGIBILITY

Employee completed ninety (90) days of service Request must be made in wiring and submitted to

appropriate supervisor at least (30) days in advance for foreseeable events or as soon as possible for unforeseeable events

Employee less that 1 year – not exceed six (6) weeks in 12 month rolling period

Employees with at least 1 year – not exceed 12 weeks in a 12 month rolling period

Job performance, absenteeism, and department/unit requirements will be taken into consideration

Leave may be denied

WORKERS’ COMPENSATION (WC) OVERVIEW

Workers’ Compensation is a system whereby an employer, private or public, must pay, or provide insurance to pay, the lost wages and medical expenses of an employee who is injured on the job.

An injured worker is entitled to workers’ compensation benefits only if the injury arose out of and in the course of employment

Arising out of employment – ensures that there is a causal connection between work and injury

WORKERS’ COMPENSATION (WC) OVERVIEW

Injured Workers Entitlement Goal of WC Time Away From Work Paid Time Off Return To Work – Light Duty

WORKERS’ COMPENSATION (WC) OVERVIEW

In Harm’s Way Deliberately Fight Started by Injured Employee Engaging in Horseplay Refusal to Use Safety Devices Commuting To and From Work

RETURN TO WORK

Return to Work Goal to return the injured employee

quickly and economically to the status of productive worker without unduly harming the employer’s business

Full Duty vs Light Duty Consider An Employee Who Is Not Able To

Return to Work Total Disability – Extension of Benefits

Americans With Disabilities Act

(ADA)

ADA DISABILITY DEFINITION

A physical or mental impairment that substantially limits one or more major life activities.(not limited to work)

“Substantially limited” is not necessarily tantamount to “Utter Inability”

Mental or Physical “Disability” may be permanent. Impairments less than six months can be substantially

limiting. Cancer in remission Episodic illness – Asthma, Diabetes, Lupus, Asthma, Post

Traumatic Stress Disorder, etc.

REQUEST FOR ADA

Employees who require reasonable accommodation should contact their Supervisor or HR Department.

Case evaluated if how the organization may accommodate the employee's needs for meeting with the essential functions of their positions.

Make every effort to reasonably accommodate qualified individuals with a disability so that essential functions of the job with or without reasonable accommodation.

MAJOR LIFE ACTIVITIES

Hearing Breathing Seeing Speaking Walking Sitting Standing

MAJOR LIFE ACTIVITIES CONT:

Caring for Oneself Learning Working Sleeping Concentration Reproduction Major Bodily Functions

ADA QUALIFYING ISSUES

A physical or mental impairment that substantially limits one or more major life activities.

Has a record of the above limitations. Is “REGARDED AS” having the above physical or mental

limitations.

“REGARDED AS”

Most employees have “Medical Limitations” ADA is easy to qualify for, especially if an employee is

“Regarded As” having a “Disability” We are not doctor’s, let doctor’s provide us with detailed

medical evidence of the employees “Medical Limitations”.

DOCUMENTATION NOT REQUIRED: The disability and the need for a reasonable

accommodation are obvious. The employee has already provided documentation

substantiating the disability and need for a reasonable accommodation.

REASONABLE ACCOMMODATION REQUEST

Employee does not have to mention the ADA Employee does not have to mention “Reasonable

Accommodation” IF Employer “connects” a change in work to an

impairment.

REASONABLE ACCOMMODATION REQUEST

Employer initiate Interactive Process if: Employer knows employee is disabled Employer knows or has reason to believe that the

employee’s disability is causing the employee’s work problems

Employer knows or has reason to believe the employee’s disability prevents her/him from requesting reasonable accommodation

REASONABLE ACCOMMODATION

The Employer is only required to accommodate a “Known” disability of a “Qualified” applicant or employee

Employers can hold employees with disabilities to the same production/performance standards as other employees with or without disabilities

Focus on Effective Accommodations

REASONABLE ACCOMMODATION, CONT.

Employer does not have to provide the disabled employee with a new supervisor as a reasonable accommodation.

Employer shall not disclose to other employees that the employee is getting a reasonable accommodation as a result of some type of medically substantiated disability.

Employers NEVER have to create a new job to accommodate an employee.

Employers NEVER have to create a light-duty job or eliminate essential job functions for disabled employees.

INTERACTIVE PROCESS

Identify job essential functions. Consult with employee/physician & determine specific

limitations Consult with employee and identify potential

accommodations. Consult with employee and determine each

accommodation’s effectiveness. Select most effective accommodation that serves the

needs of the employee and employer. Interactive Process MUST be documented!

INTERACTIVE PROCESS. CONT.

May ask employee what type of accommodation is needed.

May ask employee about disability and functional limitations, especially if not obvious.

Employee must provide information to substantiate medical limitations.

Document employee request for accommodation Review accommodation possibilities Make appropriate accommodation

ESSENTIAL JOB FUNCTIONS

Does the position primarily exist to perform that job function?

What job functions are included on the written job description?

How often is the employee required to perform those job functions?

What are the consequences for failing or being unable to perform those job functions?

MODIFIED WORK SCHEDULES

Is a fixed schedule an essential function of the job? If it is, is there a reasonable accommodation for the

impairment? Would a modified schedule enable the employee to

perform the essential functions of the job?

ADA ACCOMMODATIONS

Leave is a Reasonable Accommodation & the employee is entitled to their same position unless employer can show and undue hardship.

(12 weeks FMLA, 6 Weeks Extd Leave) Reassignment to another job, disabled employee does

not have to compete for the job but must be qualified to perform the job.

MEDICAL INFORMATION

Generally, the less you know about an employee’s or applicant’s medical history the better.

Generally, it is up to the employee to disclose his/her condition and to decide whether or not to share that information with co-workers.

ADA, FMLA, & W/C

ADA, FMLA and Workers’ Compensation run CONCURRENTLY, if applicable.

Many ADA issues can be resolved if both sides are willing to work at the problem creatively.

BEREAVEMENT LEAVE

After ninety (90) days of employment

Full-time employees

May be taken for the death of any family member

Based on the employee’s schedule/work day

BEREAVEMENT LEAVE

Maximum of one workweek per calendar year

The Salvation Army reserves the right to require proof of

the death or attendance at the funeral.

Bereavement Leave is not taken from sick/personal days credit.

BEREAVEMENT LEAVE Employees may be allowed time off with the approval of the

supervisor/department head in the case of death of a person who is not a relative under the vacation or personal day policies.

Time off without pay may also be permitted

Part-time and temporary/seasonal/casual employees are not eligible for bereavement leave.

MILITARY AND RESERVE LEAVE

Employees of The Salvation Army who are in the National Guard, the military reserve or other military service and are called to active duty are eligible for unpaid leave in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and with appropriate state military leave provisions

MILITARY AND RESERVE LEAVE

Vacation, personal days and/or the floating holiday may be used during periods of military service, if the service member elects to do so

JURY DUTY

Serving on a jury is a fundamental responsibility of citizenship and, unless business necessity requires it, The Salvation Army will not ask employees to be excused or postpone jury duty.

Employees are required to provide reasonable advance notice of any need for such leave.

JURY DUTY

All employees working a normally scheduled work week of twenty (20) hours per week or more are eligible for paid jury duty time

Part-time employees working a regularly scheduled work week of less than twenty (20) hours and temporary/ seasonal/casual employees are not eligible for paid time during jury duty.

Time out of the office to appear in court for a subpoena will be treated as described above for jury duty.

Employees will be paid their regular earnings for time served in jury duty, up to six (6) workweeks per calendar year

JURY DUTY Employees are expected to work their regular schedule on

days when court is not in session and work the remaining part of any scheduled work day when excused from court for four (4) hours or longer

In order to be entitled to jury duty leave pay, employees must provide a document from the court clerk showing evidence of jury duty time served in conjunction with submitting an absence notification though standard payroll procedures

Employee’s Salvation Army pay will not be affected by the amount of jury duty pay received from the court system.

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