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University Office of Human Resources FMLA and VESSA Training

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1 University Office of Human Resources FMLA and VESSA Training

2 Agenda Introductions & Objectives Housekeeping
Review Packet Materials/Handouts FMLA Policy Overview VESSA Policy Overview Banner Reporting (FMLA & VESSA) Questions and Answers Wrap Up I.    Introduction / Objectives / Housekeeping II.   Overview FMLA Policy A.     University Policy i.   Entitlement ii.  Eligibility iii. Approval iv. Benefits Continuation B.      Applications and Medical Certifications C.      FML- Tracking in Banner i.   Banner forms and Earning codes ii.  Audit Reports iii. Scenarios III.   VESSA- what is it? A. Policy iv. Benefits Continuation B.  Applications C.  Similarities & Differences between VESSA & FML D.  Tracking in Banner i.   Banner forms and Earning Codes  IV.  Questions & Answers Materials in Packet: Power Point Presentation FMLA University Policy FMLA Policy and Rules FMLA Application and Medical Certification VESSA Policy and Rules VESSA Academic Policy VESSA Application Campus Leave instructions Frequently Asked Questions about FMLA and VESSA Leaves Web Resources Summary Evaluation Form

3 Family and Medical Leave (FMLA) Policies
University Policy Amended at 2/13/03 Board Of Trustees meeting Policy and Rules Rule 11.07 Regulations – Policy Rules is for CS employees only.

4 Background Family and Medical Leave Act is designed to help employees balance the demands of the workplace with the needs of families and to promote stability and economic security of families. FMLA: Enacted on February 5, 1993

5 Background FMLA provides protection for the employee and for the employer. It is in the best interest of the employer to charge qualifying absences against employees’ FMLA entitlement whenever possible. All workers compensation leave time shall automatically be counted toward the 12-week FMLA entitlement as well as all SURS disability leaves.

6 FMLA Eligibility To be eligible for up to 12 workweeks of paid and/or unpaid FMLA leave, employees must: have been employed by the University for at least 12 months; and, have performed at least 1,250 hours of service during the previous 12-month period Time worked in other University jobs (I.e. Extra Help or students) does count toward the 12-month of employment eligibility requirement. 63% for civil services employees Units are responsible for determining if an employee is eligible. Employees are eligible for up to 12 weeks during each consecutive 12-month period for which eligibility criteria have been met. The initial 12-month period is measured forward from the date the employee first takes FMLA leave. The next 12-month period begins the first time FMLA leave is taken after completion of any previous 12-month period. For example, if I had a baby on March 1st and was off for 8 weeks and then had surgery on October 1st and was off 4 weeks. I would not be eligible for another FML until March 1 the following year. Employees may have different rolling years. To determine if an employee has achieved the 1250 requirement you can go into BANNER and use the NHIEDST form (Employee Distribution Inquiry)- which allow you to enter the to and from hours you want the hours to display.

7 FMLA Entitlement FML shall be granted for the following purposes:
For the birth of a child of the employee. For the placement of a child with the employee for adoption or foster care. Serious health condition of the employee or for care of a spouse, child, or parent of the employee who has a serious health condition. Birth of a child: also to care for such child. Entitlement expires at the end of the 12-month period beginning on the date of birth. Adoption: entitlement expires at the end of the 12-month period beginning on the date of placement. If such leave began before the actual placement because absence from work was required for the placement or adoption to proceed, entitlement expires at the end of the 12-month period beginning on the last day worked. The leave does not have to begin at the time of the birth or adoption, but may begin any time during that 12-month period following the birth/adoption. For example, a faculty member who has a baby during the summer when they are not working may begin their 12-weeks of FMLA leave at the beginning of the academic year. However, their parental leave in this case would have to be used at the time of the birth/adoption. Spouse = legally married partner. Parent = biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child. Son/Daughter = biological, adopted, or foster child, stepchild, a legal ward or a child of person standing in loco parentis who is either under age 18, or 18 or older and “incapable of self-care because of a mental or physical disability.” In loco parentis is a person acting in the position or place of a parent. The term is typically used in situations where another individual or agency is acting in place of a parent on behalf of a minor. The term is used in legal settings to assign the rights, duties, and responsibilities of a parent to another person or agency, which include day-to-day responsibilities to care for and financially support a child or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary. Sick Leave differs: We allow employees to take sick leave to care for a child over 18 with or without disabilities.

8 Leave Schedule Leave may be taken as:
Block of time – employee is on leave 100% time Intermittent – leave that is taken in separate blocks of time for a single qualifying reason Reduced Schedule – employee reduces the number of hours/days from their normal schedule

9 Approval to Take FMLA Leave
The employee shall provide the supervisor with not less than 30 calendar days notice before the date the leave is to begin. If not foreseeable 30 days in advance, the employee shall provide verbal notice within two working days of learning of the need for leave, or as is practicable.

10 FMLA Application and Medical Certification
The FMLA Application must be completed by the employee and submitted to his/her supervisor prior to the onset of leave, if practicable. Medical Certification issued by the employee’s or the family member’s health care provider shall be required to support a request for Family and Medical Leave for a serious health condition. An employee’s failure to provide required certification within 15 calendar days may result in delay or denial of leave. FMLA application and medical certification must be kept in a separate file from the employee file. Units are responsible for keeping these records. Health care provider may include: Doctors of medicine or osteopathy Podiatrists, dentists, clinical psychologist, optometrists and chiropractors Nurse practitioners, nurse-midwives and clinical social workers, physician assistants Christian Science practitioners Any healthcare provider recognized by the University or State health plan At UIUC – units submit the approval letter to their campus HR office notifying them that the employee is on an approved FMLA leave.

11 Benefits Continuation while on FMLA Leave
Coverage of group health and dental insurance shall be continued for the 12-week duration. An employee may continue other voluntary University benefits that are paid by the employee. An employee may continue coverage by the University at the same level that coverage would have been provided if the employee had remained in employment continuously. University coverage may be continued by contacting the Benefits Center within 30 calendar days following the last day of paid employment to make arrangements for premium payments. To continue coverage beyond the 12 weeks, the employee would have to be put on another type of leave eligible for continuation of benefits by CMS.

12 FMLA Leave in Banner The actual use of FMLA hours is tracked by earnings codes for Civil Service staff, which determines the employee’s pay status and benefits eligibility. Logistics about the FMLA leave are tracked in Banner for both Civil Service and Academic staff via the PEAFMLA form. The PZAELOA form is also completed by the Unit for unpaid or partial paid FMLA leaves. Thorough data is essential to facilitate accurate internal and external reporting. Civil Service time entry PHATIME: for departmental time entry WBT: feeds into PHATIME (automatically populated)

13 FMLA Earnings Codes for Exempt/Nonfeeder Civil Service
FSR Family Leave Sick (rdg) FVR Family Leave Vacation (rdg) FPR FMLA Parental Leave (rdg) FLE Family Lv (FMLA) Unpaid (rdg) FHR Family Leave Holiday (rdg) FFR FMLA Floating Holiday (rdg) These codes are selected on the web time entry or department time entry time sheets for Civil Service employees. The earning codes in red font are to show point out that these are new earning codes you need to be aware of. Rdg = reduced gross Rdg is used by exempt employees who do not have a feeder system (I.e. Facilities and Mgmt - formerly O&M. Two additional codes will be added for Family Leave Work Comp and Family Leave Disability.

14 FLV Family Leave Vacation FPL FMLA Parental Leave
FMLA Earnings Codes for Nonexempt and Exempt Feeder System Civil Service FLS Family Leave Sick FLV Family Leave Vacation FPL FMLA Parental Leave FLU Family Leave Unpaid (FMLA) FMH Family Leave Holiday (FMLA) FMF Family Leave Floating Holiday The code without the rdg is used for non-exempt and exempt feeder system employees.

15 FMLA/VESSA Earnings Codes for Civil Service
CVV - FMLA/VESSA Leave Vacation CVR - FMLA/VESSA Leave Vacation - (rdg) CVS - FMLA/VESSA Leave Sick CSR - FMLA/VESSA Leave Sick (rdg) CVU - FMLA/VESSA Leave Unpaid CUR - FMLA/VESSA Leave Unpaid (rdg) CVH - FMLA/VESSA Leave Holiday CHR - FMLA/VESSA Leave Holiday (rdg) CVF - FMLA/VESSA Leave Floating Holiday CFR - FMLA/VESSA Leave Floating Holiday (rdg) These codes are selected on the web time entry or department time entry time sheets for Civil Service employees.

16 Tracking FMLA Leave in Banner
The employee’s Home department completes the PEAFMLA form for all employees on FMLA leave. PEAFMLA tracks the duration and reason for the leave, and ensures the proper FMLA forms have been completed. PEAFMLA is completed at the beginning and at the end of the leave. Home unit completes PEAFMLA indicating the full leave period. For intermittent leave, PEAFMLA is completed at the beginning and end of the leave, or if the leave extends the whole 12 month period, then PEAFMLA is completed at the beginning at the end of the 12 months.

17 Tracking FMLA Leave in Banner
PZAELOA is completed by the Unit for all partial-pay or unpaid FMLA leaves. PZAELOA must be completed for each job the employee is taking leave with partial pay or without pay. All units from which employee is taking leave without pay or partial pay will complete PZAELOA indicating only the period of leave without pay or partial pay. Note: It is possible that there can be multiple PZAELOA records for an employee – one for each job that the employee holds from which he/she is taking partial-paid or unpaid leave. However, there will still be only one PEAFMLA record per qualifying event.

18 FMLA Audit Reports Audit reports will be available to verify consistent and accurate usage of PEAFMLA and PZAELOA forms for employee’s on leave. Reports will be available through EDDIE.

19 FMLA Review 1250 Employees with hours of work in the last 12 months and year(s) of service are eligible for FMLA leave. 1 The University recognizes a year to determine the 12-month eligibility period. rolling

20 FMLA Process Mary Smythe, Secretary III, has requested to use FMLA leave for the birth of a child. Mary worked 1950 hours in the last 12 months and has worked for the University for three years. Mary plans to take leave for twelve continuous weeks beginning March 3 through May 27. Mary will be using parental and accrued sick and vacation leave to continue in pay status during her leave.

21 FMLA Banner Demonstration
(Beginning Leave) Entering FMLA information for Mary Smythe into PEAFMLA. Display PEAFMLA form Enter UIN Tab Enter FMLA year (2004) – can be overwritten FMLA Year Begin Date will default to today – we should have overwritten this to 3/3/04. Next block Tab to Maximum FMLA Units Allowed = 450 Next block to FMLA Usage Information Type Leave Begin Date – this date cannot be before the FMLA Year Begin Date – since we didn’t override it, we cannot enter the true year begin date which is 3/3/04 Type Status Date field, which is the same as the Leave Begin Date and should be 3/3/04 To select the appropriate status code, double click on the field to display the options. Pick Approved. To select the Reason, double click on the field and select the correct one – Birth/Adoption of child. Enter when the employee requested the leave. 3/1/04 Enter when you notified the employee that they were approved. 3/1/04 Type the percent of time the employee will be out of the office on the leave. 100% Click the SAVE button. Benefit Continuation box should have been checked. Medical Cert should not have been checked. Received date – 3/1/04 Return to full time status – yes Scheduled date to return to work – this may differ from the actual return date. SAVE Option menu, FMLA Comments Enter you rUIN (we had to use John Smythe for the training database) Enter your comments – be careful because these will be seen by everyone.

22 FMLA/VESSA Leave Usage Report
Supplemental tool to assist units with tracking FMLA and/or VESSA leave hours for any 12-month period and/or event. Downloadable EXCEL spreadsheet available in DART. Will replace the paper FMLA/VESSA Leave Usage Report. If a copy is kept in the unit, must be in a separate file from the employee’s file. Can be ed to campus HR and will be avx in Doc Mgmt.

23 FMLA/VESSA Usage Report
Demonstration Download this from EXCEL. Enter Employee Name Enter UIN Enter Department Name Enter Department Code Enter Department Contact Contact Phone Number Enter Begin Date of leave 3/3/04 Do not enter End date or Return to Work Date yet Place an X for the qualifying event reason Place an X for the leave schedule Enter the hours the employee is scheduled to work per pay period – will determine how many hours they are eligible for Then enter the pay periods and the hours on FMLA. Indicate the type of leave used to remain in pay status. Save this spreadsheet to your desktop because you will update it throughout the leave, or just at the end.

24 FMLA Banner Demonstration (Returning from Leave)
When Mary RETURNS from FMLA leave, go to: Open PEAFMLA again. Enter UIN Next block to FMLA Usage Information Enter leave end date – 5/3/04 – this is the last day the employee is on leave SAVE Next block to FMLA Leave Information Block Actual Date field – this is the date the employee is actually back to work – 5/4/04 Options menu, FMLA Comments Enter your UIN Enter any notes, in this case, you may want to say that the employee returned to work early and give the # of hours remaining for that FMLA year – which is calculated from your Usage Report.

25 FMLA/VESSA Usage Report Demonstration (Returning from Leave)
Go back to your saved spreadsheet. Enter the End date of leave, which is the last day she was on leave – 5/3/04. Enter the Return date which is equal to the Actual Date field in Banner – 5/4/04 Comments Save this to your campus HR office.

26 FMLA Conclusion Questions/Break

27 Victims Economic Security and Safety Act (VESSA) Policies
Academic Policy Effective for all campuses Policy and Rules Rule 11.16 Regulations – Direct them to their handouts. Act was implemented in August, 2003. Policy effective July 9, 2004

28 VESSA VESSA grants all employees in the State of Illinois who are victims of domestic or sexual violence or who have a family or household member who is a victim, up to 12-weeks of leave per 12-month period. The Act does not create a right for the employee to take a leave that exceeds the unpaid leave time allowed under or in addition to the unpaid leave time permitted by FMLA. However, the most recent proposed revisions contradict this and we are seeking clarification from the IDOL. Perpetrator: An employee who is a victim of domestic or sexual violence or has a family or household member who is a victim of domestic or sexual violence whole interests are not adverse to the employee as it relates to the domestic or sexual violence...

29 Background Victims Economic Security and Safety Act was established to promote the State’s interest in reducing: Domestic Violence Dating Violence Sexual assault Stalking by enabling victims of domestic or sexual violence to maintain the financial independence necessary to leave abusive situations

30 Background continued To achieve safety
To minimize the physical and emotional injuries from domestic or sexual violence To reduce the devastating economic consequences of domestic or sexual violence to employers and employees.

31 VESSA Posting Requirements
Employers covered by this Act shall post and keep posted, in conspicuous places where notices to employees are customarily posted, summarizing the requirements of this Act and information pertaining to the filing of a charge. Link to website: URL: IDOL Website Refer to handouts: provided you with a poster to hang up in your unit. (Break Room, etc)

32 VESSA Eligibility All employees are eligible for 12 weeks for any 12-month period. The 12-month period begins the first time VESSA leave is taken after completion of any previous 12-month period. Employees with less than 1250 hours in the last 12 months, or those with less than one year of service are also eligible – major difference from FMLA. If an employee has been with the university for only 2 days and then need to take VESSA leave, they are ELIGIBLE!!!!

33 VESSA Entitlement VESSA leave shall be granted for the following purposes: To seek medical help and recovery. To obtain victim’s services. Participate in safety planning or economic planning. To seek medical help and recover from physical or psychological injuries caused by domestic or sexual violence to the employee or employee’s family or household member. To obtain victim’s services, psychological or other counseling, and legal assistance or remedies, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic or sexual violence. Participate in safety planning, temporarily or permanently relocating, or taking other actions to increase health and safety, or to ensure economic safety of covered persons.

34 Approval to Take VESSA Leave
The employee shall provide the supervisor with a 48 hour notice in advance, unless providing such notice is not practicable. Supervisors should use their own discretion.

35 VESSA Application The VESSA Application must be completed by the employee and submitted to his/her supervisor. Other means of certification that is required may be in the form of: A sworn statement of the employee (this is satisfied by completion of the VESSA application); and, Other approved forms of documentation. Other forms of documentation: Employee, agent, or volunteer of a victim services organization Attorney Member of the clergy Medical or other professional Police or court record Corroborating evidence

36 FMLA Medical Certification
The FMLA Medical Certification is required if the reason for VESSA leave is for a serious health condition of themselves or immediate family member related to the VESSA event. If applicable, provisions under the FMLA University Policy and Policy and Rules policies shall be followed. All VESSA leave will be counted toward the 12-week entitlement granted under FMLA. FMLA and VESSA will run concurrently. Med Cert not required for serious health condition of a “household member” because these individuals are not covered by FMLA, just VESSA.

37 Benefits Continuation while on VESSA Leave
Coverage of group health and dental insurance shall be continued for the 12-week duration. An employee may continue other voluntary University benefits that are paid by the employee. Civil Service employees continue to accrue seniority while on VESSA leave. Benefits are continued at the University at the same level that coverage would have been provided if the employee had remained in employment continuously. Employees may continue University benefits by contacting the Benefits Center within 30 calendar days following the last day of paid employment to make arrangements for premium payments.

38 VESSA Leave in Banner The actual use of VESSA hours is tracked by earnings codes for Civil Service employees, which determine the employee’s pay status and benefits eligibility. VESSA hours are not reported for Academics on VESSA leave. Thorough data is essential to facilitate accurate internal and external reporting. Academics will not report leave for payroll, but will be recorded in PZAELOA for reporting purposes.

39 VESSA Earnings Codes for Exempt/Nonfeeder Civil Service
VVR - VESSA Leave Vacation (rdg) VSR - VESSA Leave Sick (rdg) VUR - VESSA Leave Unpaid (rdg) VHR - VESSA Leave Holiday (rdg) VFR - VESSA Leave Floating Holiday (rdg)

40 Earnings Codes for Nonexempt and Feeder Civil Service
VLV - VESSA Leave Vacation VLS - VESSA Leave Sick VLU - VESSA Leave Unpaid VLH - VESSA Leave Holiday VLF - VESSA Leave Floating Holiday

41 FMLA/VESSA Earnings Codes for Civil Service
CVV - FMLA/VESSA Leave Vacation CVR - FMLA/VESSA Leave Vacation - (rdg) CVS - FMLA/VESSA Leave Sick CSR - FMLA/VESSA Leave Sick (rdg) CVU - FMLA/VESSA Leave Unpaid CUR - FMLA/VESSA Leave Unpaid (rdg) CVH - FMLA/VESSA Leave Holiday CHR - FMLA/VESSA Leave Holiday (rdg) CVF - FMLA/VESSA Leave Floating Holiday CFR - FMLA/VESSA Leave Floating Holiday (rdg)

42 VESSA Tracking in Banner
PZAELOA is completed by the Home department for all VESSA leaves. PZAELOA must be completed for each job the employee is taking VESSA leave. Leave code “VS Leave VESSA” is used in PZAELOA for employees on VESSA leave. Note: It is possible that there can be multiple PZAELOA records for an employee – one for each job that the employee holds from which he/she is taking VESSA Leave.

43 VESSA Audit Reports Audit reports will be available to verify consistent and accurate usage of the PZAELOA form for employees on leave. Reports will be available through EDDIE.

44 VESSA Review Which type of University employee is eligible for VESSA leave? Only employees working 1250 hours. Only full-time employees. Only employees with at least one year of service. All employees All employees

45 VESSA Process John Smythe, Assistant Professor, has requested to use VESSA leave for a family member. John will be using vacation leave to continue in pay status. He will be on leave from March 18 and scheduled to return on April 2.

46 VESSA Banner Demonstration To place John on VESSA leave in Banner:
Open the PZAELOA form. Enter John’s UIN. Select the position (search button) that he will be on leave from. Next block to Leave Information block Tab to This Action Date, enter the start date of his leave – 3/18/04 Tab to Leave Type field, double click to select the appropriate type of Leave. For this demo, we will choose “Other” but there is a new leave code in live Banner that is “Leave VESSA” that you will select. Tab to Leave Requested Form field, this defaults to today’s date but you may have to change it if today is not the first day of the leave. Tab to Leave Requested To date and enter the end date of the leave – 4/1/04 Tab to Approved Leave Begin date this defaults to today’s date but you may need to change it – 3/18/04 Tab to Approved Leave End date field and enter when the leave is approved to end – 4/1/04 Tab to Expected Return Date – Should be 4/2/04 Tab to Last Day in Pay Status which is 4/1/04 Tab to Percent o fLeave and he is on leave full-time so this is 100%. Enter his regular FTE which is 1. SAVE

47 FMLA/VESSA Leave Usage Report
The DART FMLA/VESSA Leave Usage Report is used throughout the VESSA leave.

48 FMLA/VESSA Usage Report Demonstration (Returning from Leave)

49 (Returning from Leave)
VESSA Banner Demonstration (Returning from Leave) RETURN from VESSA leave. Open PZAELOA. Enter UIN. Select the position employee is returning from. Next block to Leave information block. Tab to Actual Return Date and enter when the employee is actually back working – 4/2/04. Enter Comments. SAVE.

50 FMLA/VESSA Usage Report Demonstration (Returning from Leave)
Open EXCEL spreadsheet that was saved. Enter END DATE – 4/1/04. Return to work date – 4/2/04. Because he’s academic, you will probably be entering his leave time at the end of the period. SAVE Send to HR.

51 Similarities Between FMLA and VESSA Leave
12-week entitlement per 12-month period. Application and approval process. Benefits continuation. Restoral to equivalent position. Seniority accrual. Reporting needs. 12 weeks per 12 month period runs concurrently if an FMLA reason Similar application and unit approval processes CMS continuation of benefits is the same

52 Differences Between FMLA and VESSA
Employee eligibility. Employee’s relationship to the covered recipient. Notification requirements. Certification providers. Earnings codes. Tracking in Banner. Eligibility for FMLA is more stringent (1250 hours + 1 year of service) VESSA is more broad for relationships (household member) Notification: 48 hours when practicable for VESSA & 30 days when practicable for FMLA.

53 FMLA & VESSA Review When do I count a VESSA leave as also an FMLA leave? You should always count VESSA leave as FMLA leave. When the VESSA leave is taken to seek legal advice. When VESSA leave is taken for a serious health condition of the employee or immediate family member. VESSA leave should never be counted as FMLA leave. When VESSA leave is taken for a serious health condition of the employee or immediate family member. C is the correct answer.

54 Web Resources (NESSIE)
Leave Provisions and Information https://nessie.uihr.uillinois.edu/cf/leave/index.cfm Leave Forms https://nessie.uihr.uillinois.edu/cf/leave/index.cfm?Item_ID=1413&rlink=1194 Benefits continuation through COBRA https://nessie.uihr.uillinois.edu/cf/benefits/index.cfm?Item_ID=49 Policy Administration https://nessie.uihr.uillinois.edu/cf/policies/index.cfm?Item_id=386

55 Web Resources (DART) Banner Leave Processing https://hrnet.uihr.uillinois.edu/dart-cf/index.cfm?Item_id=1697 Banner Job Aides https://hrnet.uihr.uillinois.edu/dart-cf/index.cfm?Item_id=2034 Frequently Asked Questions about Leave Processing https://hrnet.uihr.uillinois.edu/dart-cf/index.cfm?Item_id=2118

56 Conclusion Questions?


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