Presentation on theme: "University Office of Human Resources FMLA and VESSA Training"— Presentation transcript:
1University Office of Human Resources FMLA and VESSA Training
2Agenda Introductions & Objectives Housekeeping Review Packet Materials/HandoutsFMLA Policy OverviewVESSA Policy OverviewBanner Reporting (FMLA & VESSA)Questions and AnswersWrap UpI. Introduction / Objectives / HousekeepingII. Overview FMLA PolicyA. University Policyi. Entitlementii. Eligibilityiii. Approvaliv. Benefits ContinuationB. Applications and Medical CertificationsC. FML- Tracking in Banneri. Banner forms and Earning codesii. Audit Reportsiii. ScenariosIII. VESSA- what is it?A. Policyiv. Benefits ContinuationB. ApplicationsC. Similarities & Differences between VESSA & FMLD. Tracking in Banneri. Banner forms and Earning Codes IV. Questions & AnswersMaterials in Packet:Power Point PresentationFMLA University PolicyFMLA Policy and RulesFMLA Application and Medical CertificationVESSA Policy and RulesVESSA Academic PolicyVESSA ApplicationCampus Leave instructionsFrequently Asked Questions about FMLA and VESSA LeavesWeb Resources SummaryEvaluation Form
3Family and Medical Leave (FMLA) Policies University PolicyAmended at 2/13/03 Board Of Trustees meetingPolicy and RulesRule 11.07Regulations –Policy Rules is for CS employees only.
4BackgroundFamily 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
5BackgroundFMLA 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.
6FMLA EligibilityTo 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 periodTime 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 employeesUnits 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.
7FMLA 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.
8Leave Schedule Leave may be taken as: Block of time – employee is on leave 100% timeIntermittent – leave that is taken in separate blocks of time for a single qualifying reasonReduced Schedule – employee reduces the number of hours/days from their normal schedule
9Approval 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.
10FMLA 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 osteopathyPodiatrists, dentists, clinical psychologist, optometrists and chiropractorsNurse practitioners, nurse-midwives and clinical social workers, physician assistantsChristian Science practitionersAny healthcare provider recognized by the University or State health planAt UIUC – units submit the approval letter to their campus HR office notifying them that the employee is on an approved FMLA leave.
11Benefits 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.
12FMLA Leave in BannerThe 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 entryPHATIME: for departmental time entryWBT: feeds into PHATIME (automatically populated)
13FMLA 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 grossRdg 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.
14FLV Family Leave Vacation FPL FMLA Parental Leave FMLA Earnings Codes for Nonexempt and Exempt Feeder System Civil ServiceFLS Family Leave SickFLV Family Leave VacationFPL FMLA Parental LeaveFLU Family Leave Unpaid (FMLA)FMH Family Leave Holiday (FMLA)FMF Family Leave Floating HolidayThe code without the rdg is used for non-exempt and exempt feeder system employees.
15FMLA/VESSA Earnings Codes for Civil Service CVV - FMLA/VESSA Leave VacationCVR - FMLA/VESSA Leave Vacation - (rdg)CVS - FMLA/VESSA Leave SickCSR - FMLA/VESSA Leave Sick (rdg)CVU - FMLA/VESSA Leave UnpaidCUR - FMLA/VESSA Leave Unpaid (rdg)CVH - FMLA/VESSA Leave HolidayCHR - FMLA/VESSA Leave Holiday (rdg)CVF - FMLA/VESSA Leave Floating HolidayCFR - 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.
16Tracking 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.
17Tracking 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.
18FMLA Audit ReportsAudit 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.
19FMLA Review1250Employees with hours of work in the last 12 months and year(s) of service are eligible for FMLA leave.1The University recognizes a year to determine the 12-month eligibility period.rolling
20FMLA ProcessMary 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.
21FMLA Banner Demonstration (Beginning Leave)Entering FMLA information for Mary Smythe into PEAFMLA.Display PEAFMLA formEnter UINTabEnter FMLA year (2004) – can be overwrittenFMLA Year Begin Date will default to today – we should have overwritten this to 3/3/04.Next blockTab to Maximum FMLA Units Allowed = 450Next block to FMLA Usage InformationType 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 3/3/04Type Status Date field, which is the same as the Leave Begin Date and should be 3/3/04To 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. 3/1/04Enter when you notified the employee that they were approved. 3/1/04Type 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 – 3/1/04Return to full time status – yesScheduled date to return to work – this may differ from the actual return date.SAVEOption menu, FMLA CommentsEnter you rUIN (we had to use John Smythe for the training database)Enter your comments – be careful because these will be seen by everyone.
22FMLA/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.
23FMLA/VESSA Usage Report DemonstrationDownload this from EXCEL.Enter Employee NameEnter UINEnter Department NameEnter Department CodeEnter Department ContactContact Phone NumberEnter Begin Date of leave 3/3/04Do not enter End date or Return to Work Date yetPlace an X for the qualifying event reasonPlace an X for the leave scheduleEnter the hours the employee is scheduled to work per pay period – will determine how many hours they are eligible forThen 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.
24FMLA Banner Demonstration (Returning from Leave) When Mary RETURNS from FMLA leave, go to:Open PEAFMLA again.Enter UINNext block to FMLA Usage InformationEnter leave end date – 5/3/04 – this is the last day the employee is on leaveSAVENext block to FMLA Leave Information BlockActual Date field – this is the date the employee is actually back to work – 5/4/04Options menu, FMLA CommentsEnter your UINEnter 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.
25FMLA/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 – 5/4/04CommentsSavethis to your campus HR office.
27Victims Economic Security and Safety Act (VESSA) Policies Academic PolicyEffective for all campusesPolicy and RulesRule 11.16Regulations –Direct them to their handouts.Act was implemented in August, 2003.Policy effective July 9, 2004
28VESSAVESSA 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...
29BackgroundVictims Economic Security and Safety Act was established to promote the State’s interest in reducing:Domestic ViolenceDating ViolenceSexual assaultStalking by enabling victims of domestic or sexual violence to maintain the financial independence necessary to leave abusive situations
30Background continued To achieve safety To minimize the physical and emotional injuries from domestic or sexual violenceTo reduce the devastating economic consequences of domestic or sexual violence to employers and employees.
31VESSA 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 WebsiteRefer to handouts: provided you with a poster to hang up in your unit. (Break Room, etc)
32VESSA EligibilityAll 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!!!!
33VESSA EntitlementVESSA 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.
34Approval 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.
35VESSA ApplicationThe 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 organizationAttorneyMember of the clergyMedical or other professionalPolice or court recordCorroborating evidence
36FMLA 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.
37Benefits 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.
38VESSA Leave in BannerThe 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.
42VESSA 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.
43VESSA Audit ReportsAudit reports will be available to verify consistent and accurate usage of the PZAELOA form for employees on leave.Reports will be available through EDDIE.
44VESSA ReviewWhich 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 employeesAll employees
45VESSA ProcessJohn 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.
46VESSA 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 blockTab to This Action Date, enter the start date of his leave – 3/18/04Tab 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 – 4/1/04Tab to Approved Leave Begin date this defaults to today’s date but you may need to change it – 3/18/04Tab to Approved Leave End date field and enter when the leave is approved to end – 4/1/04Tab to Expected Return Date – Should be 4/2/04Tab to Last Day in Pay Status which is 4/1/04Tab to Percent o fLeave and he is on leave full-time so this is 100%.Enter his regular FTE which is 1.SAVE
47FMLA/VESSA Leave Usage Report The DART FMLA/VESSA Leave Usage Report is used throughout the VESSA leave.
48FMLA/VESSA Usage Report Demonstration (Returning from Leave)
49(Returning from Leave) VESSA BannerDemonstration(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.
50FMLA/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.SAVESend to HR.
51Similarities 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 reasonSimilar application and unit approval processesCMS continuation of benefits is the same
52Differences 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.
53FMLA & VESSA ReviewWhen 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.
54Web Resources (NESSIE) Leave Provisions and Information https://nessie.uihr.uillinois.edu/cf/leave/index.cfmLeave Forms https://nessie.uihr.uillinois.edu/cf/leave/index.cfm?Item_ID=1413&rlink=1194Benefits continuation through COBRA https://nessie.uihr.uillinois.edu/cf/benefits/index.cfm?Item_ID=49Policy Administration https://nessie.uihr.uillinois.edu/cf/policies/index.cfm?Item_id=386