Understanding and Managing Leave Presented by Human Resource Services Rev. September 2014.
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Transcript of Understanding and Managing Leave Presented by Human Resource Services Rev. September 2014.
Understanding and
Managing Leave
Presented by
Human Resource Services
Rev. September 2014
ObjectivesReview Rules
Discuss Processes Work Through Impacts
• Medical Leaves• Workers Compensation (L&I)• Reasonable Accommodation (RA)• By the end of this training you should be
able to: • Understand the types of leave available
to employees and how the various leaves are interrelated
• Understand your role in the leave process
Leave Available through WSU
• Family Medical Leave
• Family Care Leave• Shared Leave• Work-Related
Injury/ Illness Leave
• Extended Leave as RA
• Parental Leave• Medical Leave
• Domestic Violence Leave
• Military Leave• Military Family
Leave
• Leave Without Pay• Annual Leave• Sick Leave• Compensatory
Time
An employee has just requested to use their annual leave/sick leave due to an upcoming surgery.
Scenario
WHAT DO YOU DO?
An employee has just requested to go onto leave without pay to care for a family member with a health condition?
Scenario
WHAT DO YOU DO?
• Personal Leave Requests go through normal departmental procedures. These are the most familiar to employees.
• Annual Leave• Sick Leave• Personal Holiday• Comp Time Usage• Leave Without Pay
• Exception:• Medical Leave requests are
administered through Human Resource Services.
Requesting Leave
Medical Leave Requests
Your responsibility as a supervisor is to:• Identify the need for medical leave
• A period of full-time, part-time, or ongoing intermittent leave
• Refer employee to HRS• If unsure of the request, contact
HRS
http://hrs.wsu.edu/Disability Services
Notification of Medical Leave Request
Employee Notifies Supervisor • Needs leave for
own or family member serious medical condition
Supervisor Directs Employee to HRS• HRS works with
employee to establish appropriate leave
HRS Notifies Department• Email• Written
correspondence• Verbal and in-
person meetings
Return to Work• If needed, info from
Health Care Provider (HCP) that identifies capabilities and/or limitations
• Duration of limitations• HRS notifies
department & employee
Types of Medical Leave• Family Medical Leave • Medical Leave• Family Care Leave• Leave as a Reasonable
Accommodation• Other: Shared Leave
How many here have dealt with these different leave types in the
past? Did you find the rules and
procedures clear and understandable?
Medical LeaveBenefits provided according to
Federal Law
State Law (RCW)
WAC/Collective Bargaining Agreements
University PolicyAP Handbook / Faculty
Manual
Family Medical LeaveFederal Provision • 12 weeks/480 hrs of leave each
rolling 12 month period• qualifying event, • eligible employees.
• 26 weeks for care of military family member.
Family Medical LeaveFederal Provision • Employee choose how to use
leave.• Leave can be for a block of time,
reduced work schedule, or used intermittently
• 12 month period starts first day of use and runs for next 12 months.
• All based on supporting medical documentation.
• Job protected leave *• Employee maintains employer
paid benefits, granted the employee continues to pay the premiums that are normally collected **
* Note that FML does not protect against budget
impacts, performance management or layoff
** Benefits can be terminated during the FML period
for nonpayment
Family Medical Leave
HRS determines eligibility based
on if the employee has worked
• for the state of Washington for
at least 12 months.
• for at least 1,250 hours during
the 12 month period
immediately preceding the
request for FML.
Family Medical LeaveEligible Employees:
Family Medical LeaveQualifying Events:
• Employee’s serious health
condition
• Birth, adoption, or placement
of a
child
• Care for a qualifying family member (child, parent, spouse) with a serious health condition
• Care for a qualifying family member recovering from a serious health condition sustained in the line of duty.
• Exigency Leave for employee whose qualifying family member has been called to active duty.
Family Medical LeaveQualifying Events (cont.):
• Domestic Violence Leave- Allows victims of domestic violence, sexual assault, or stalking to take reasonable leave from work:• Paid or unpaid • To take care of legal or law enforcement
needs and obtain health care • Family members may take leave to help
victim obtain help
Family Medical LeaveQualifying Events (cont.):
Family Care LeaveState Provision
• Leave to care for an eligible family member
• Must be in full paid status
• If eligible for FML, leave first designated as FML
• If the employee has paid leave available after the FML period, they are able to extend their leave under FCL
• Eligible Family Members include: spouse, child, parent, parent-in-law, and grandparent
Medical LeaveUniversity Provision
• Allows employees not FML eligible, who must be out full time for their own condition, up to total of 4 months (full time leave only)
• Allows for an additional month of insurance benefits beyond FML period when an employee is out full time• Must be in minimum 8 hours
paid status during additional month.
• An employee has worked for WSU for six months transferring from another state agency that they worked at full time for five years.
Eligible for FML?• An employee works
50%.Eligible for FML?
Scenario
RCW 41.04.660
BPPM 60.58
Allows state employees to donate their annual leave, sick leave, or personal holidays to another state employee who meets a Shared Leave criteria
Shared Leave
Leave Provisions• Allows state employees to donate
leave to other employees – that would not be lost
• Maximum received per event is 90 calendar days for an employee’s condition or the equivalent of LTD waiting period, whichever is shorter
• Maximum received over career with state is 261 days, or 2088 hours.
Shared Leave
1. Employee or relative or household member suffering from a severe, extreme or life threatening diagnosed medical condition
2. Domestic Violence - Employee3. Called to Uniform Services - Employee4. State of Emergency - Employee
AND• Employee on LWOP
AND • Not Workers’ Compensation eligible
Shared Leave
• HRS receives and approves a shared leave application.
• Employee is approved for Shared Leave
• WSU receives notification that the employee has filed a Workers’ Compensation claim.
• Claim is approved.Things to Consider? Actions to
Take?
Scenario
Workers Compensation
WAC 296-17
SPPM 2.30
Work Related Injury/Illness
• Injury or Occupational Diseasethat has a . . .
• Proximate Causewhich occurred during . . .
• Course of Employment
Workers’ Compensation
• Washington State Department of Labor and Industries (L&I)*
• No Fault Insurance• L& I looks towards a Quick
and Dependable Remedy
* WSU is not self insured
Benefits of Workers’ Compensation
• Approved Medical Care 100%• Wage Replacement• Return-to-Work Assistance• Permanent Partial Disability
Awards• Pensions• Survivor Benefits
You have just been notified by your
employee that they tripped coming down
the stairs falling onto their hands and
knees during the performance of
work.
WHAT DO YOU DO?
Scenario
Supervisor / DepartmentResponsibilities
• Ensure first-aid and/or medical treatment is provided‒ Call 911‒ Arrange* for ride to hospital/doctor as
necessary
• Interview the injured worker and any witnesses ASAP
• Have Online Incident Report completed within 24 hrs
• Complete the Supervisor’s Accident Investigation Report if:‒ Medical treatment is sought‒ Employee is unable to work next full shift
• Provide initial safety training and periodic safety reviews
Filing a L&I ClaimIf an employee chooses to file an L&I claim they do so
1. Through medical provider,
2. Online with L&I, or
3. Over the phone with L&I
WSU may question the claim validity if:
• Condition is not covered by law
• Not work related
• Questionable based on situation or timing, etc.
All L&I paperwork goes through HRS Pullman
• HRS MUST have a Health Care Provider (HCP) note in order for the Employee to RTW
• Medical papers received by department, are forwarded to HRS ASAP, keep no copies
• HRS notifies supervisor of restrictions
• Discuss available work• Temporarily Modify Job to
Accommodate
Workers’ Compensation- Work Limitations
Temporary Modified Duties
• Part-time/alternate schedule
• New duties - same knowledge
• Change building or location
• Different equipment or work methods
• Special projects
• Temp/Hourly duties
Workers’ Compensation- Return To Work
Coordination• HRS will get the HCP approval on
temporary modified duties
• Employers held to higher standard to return workers to the workforce.
• HRS Pullman coordinates WSU portion of all claims and works with employees and departments on applicable leave needs.
• Do not change job duties due to illness or injury without HRS consultation
ScenarioMy employee was injured on the job, was out on Family Medical Leave for 3 months, was granted an additional month of Medical Leave, and still needs to be off work.
WHAT’S NEXT?
Reasonable Accommodation
BPPM 60.21
Reasonable Accommodations (RA)
WSU will provide RA for a known physical, mental, or sensory limitation of an otherwise qualified individual.
• Condition substantially limits individual’s ability to perform the job.
• Employee must be able to perform the essential functions of the position with or without an RA.
RA Overview• Modification or adjustment to
a job, work environment, policies, practices, or procedures
• Enabling a qualified individual with a disability
• Equal employment opportunity • Does not impose an undue
hardship on the employer
Qualified IndividualAn individual with a medical condition who meets the:
• skill • experience• education, and • other job-related requirements
of the position held or desired.
Not a Qualified Disability
Return To Work or Excluded Issues • Non-chronic condition• Sprain, broken limb, flu• Pregnancy (normally)• Abnormal deviations in weight,
height, strength• Psychoactive substance use
disorders resulting from “current” illegal drug use
• Active alcoholism or abuse
Accommodations
• Making existing facilities readily accessible
• Acquiring or modifying equipment or devices
• Restructuring the job in a manner consistent with the rules
• Modify work schedules
• Granting a leave of absence consistent with law
• Providing the opportunity for reassignment to an open vacant recruited for position
Accommodations
Your employee is requesting a new chair due to a back condition
ORYour employee has returned to work from a period of medical leave and is claiming an inability to perform certain work duties due to physical limitations.
WHAT DO YOU DO?
Scenario
Accountabilities
Employee• Request a RA• Perform duties
and functions of a job with or without accommodation
• Participate in the interactive process
University• Provide RA to known
limitations of an otherwise qualified individual with a disability
• Keep medical information private and separate from personnel file
• Participate in the interactive process
Department ResponsibilitiesWhat to do
• Send employee to HRS• Notify HRS of the possible need for
leave/RA• Send medical documentation to HRS• Keep conversations “private”• Be an active, constructive participant in
the leave and RA processes• Accommodate through the official RA
process
RA ProcessIdentification - a need for RA is identified.
Documentation - the employee must submit medical certification to support the RA request.
Accommodation - Upon receipt of the necessary paperwork HRS will work with the department to determine the status of the RA request.
Determining Options • Medical documentation
‒ Capabilities and Limitations
Compare to/with• Position Description
‒ Job Duties/Functions
• Departmental Needs
HRS coordinates the RA processDepartment – Employee - HCP
Undue Hardship
• Not based solely on departmental funds, it is more global
‒ (i.e. department university state)
• There are no central funds for accommodations
• Light duty is RARELY an undue hardship
Scenarios
A school bus driver loses license due to a claimed disability.
What questions do you ask? What do you take into account when
looking at what, if any, accommodations?
Scenarios
The receptionist in a 3-person office that receives a constant flow of visitors throughout the day (the other 2 being teaching faculty) is unable to work a consistent 8-5 work day.
What questions do you ask? What do you take into account when looking at what, if any, accommodations?
Scenarios
An employee has requested several months off over and beyond the FML period.
What questions do you ask? What do you take into account when looking at what, if any, accommodations?
Extended Leave–RA Examples
Leave Start
12 Weeks of FMLA
+ month of med leave
Extended med leave as RA
Continued RA due to work limitations
RTW w/ limitations
Leave Start
12 Weeks of FMLA
Alternative Job Search
Disability separation +
month of med leave
Extended med leave as RA
Ex. 1
Ex. 2
Alternative Job Search (AJS)• Doctor determines the employee will not
be able to return to current position OR
• After going through thorough review process, the department is unable to accommodate the employee in their current position.
• HRS may look university wide for‒ open and recruited for positions; ‒ at the employees same or lower salary range; ‒ that the employee is qualified for; and‒ that match the employees accommodation
requirements.
Disability Separation• Medical documentation has
identified the employee cannot work in any capacity
• RA options have been exhausted
• HRS Disability Services coordinates with HRS Benefits unit to determine other possible options• Long Term Disability• Retirement• Disability Retirement
Disability Services Coordination
FML
Medical Leave
L&I
Interplay between these leaves is complicated.
HRS is here to help you manage the process.
RA
FCL
• BPPM 60.56 and 60.57 (Leave)
• BPPM 60.58 (Shared Leave)
• SPPM 2.30 (Workers Compensation)
• SPPM 2.32 (RTW Policy)
• BPPM 60.21(RA)
• Collective Bargaining Agreements
• Administrative Handbook
• Faculty Manual
Resources
• Office of Equal Opportunity (OEO) 335-8288‒ EEO/AA compliance‒ Disability discrimination
• Access Center 335-1566‒ Student accommodation issues
• WSU Accessibility‒ ADA Coordinator, 509-335-8288
Other Resources
Questions
Human Resource Services
Disability Services
www.hrs.wsu.edu
hrs.wsu.edu/Disability Services
509-335-4521 or [email protected]
If you wish to have your attendance documented in your training history,
please notify Human Resource Services within three days of today's date:
This has been a WSU Training
Videoconference