Presentation on theme: "University Health Associates My employee needs to be off work…… What do I do? Please you the left and right arrow keys to move from slide to slide."— Presentation transcript:
University Health Associates My employee needs to be off work…… What do I do? Please you the left and right arrow keys to move from slide to slide.
Ask yourself: zWill they need to be off more than 7 days? yYes = They will need to complete a Family Medical Leave Request Form or Physician Statement and submit it to you and Human Resources yNo = They will just need a physician statement to attach to their timesheet
What Next? zThey submitted my form, now what? yOnce they have submitted their Leave Request Form, Human Resources will determine what type of leave they are eligible for. xFamily Medical Leave of Absence xMedical Leave of Absence
What is Family Medical Leave of Absence zThe FMLA allows employees to balance their work and family life by taking reasonable unpaid leave for certain family and medical reasons. zEmployees are entitled to take up to 12-weeks of unpaid leave if they meet the eligibility criteria for FMLA zThe employee’s job is protected during this leave in most cases
FMLA Eligibility zTo be eligible for FMLA, an employee must meet all of the following requirements: yMust be a full-time or part-time regular employee xTemporary employees and students are not eligible yEmployed by UHA for at least 12 months yWorked at least 1,250 hours in the previous 12 months yMeet the family or medical criteria for the FMLA Act.
Reasons to take FMLA zAn employee is granted leave for any of the following reasons: yBirth and care of a newborn child of the employee yPlacement of a child for adoption or foster care for the newly placed child yCare for immediate family member(spouse, child or parent) with a serious health condition yMedical leave for the employee when they are unable to work due to their own serious health condition
UHA & Specifics of FMLA z12-weeks entitlement is over a rolling calendar year yUHA will determine eligible time by verifying any previous time used in the previous 12 months from the first day of the leave being requested xExample - May 1, 2005 you request a leave through May 31, 2005. UHA will look back to May 1, 2004 to see if you had taken a FMLA during that time and if so, how many weeks were used. If you took a 2 week leave August 1, 2004 - August 14, 2004, then you will only be eligible for 10 weeks for the May 1, 2005 leave since you had taken 2 weeks within the past 12 months. xAdditionally, once you get to August 1, 2005, you will also regain the days you used prior in 2004 since the calendar continually moves as you progress through your leave.
UHA & Specifics of FMLA zWho are immediate family members yEmployee’s spouse (includes common-law) yEmployee’s parents (not in-laws or grandparents) yEmployee’s children(biological, step, adopted or foster) xIn some cases, if the child is an adult, over the age of 18, you may not be eligible to take FMLA. The adult child must be incapable of self-care due to a mental or a physical disability.
UHA & Specifics of FMLA z“Serious Health Condition” as certified by a health care provider yInpatient care yIncapacity for three consecutive days with continuing treatment by health care provider yPregnancy or prenatal care yTreatment for incapacity due to chronic health condition
UHA & Specifics of FMLA zUnpaid leave versus paid leave yThe FMLA Act allows employers to substitute paid leave for the period of time taken under FMLA yUHA requires an employee to use their Short-Term Disability and, in some cases, their Paid Time Off when on FMLA
“Serious Health Conditions” zSome examples of health conditions considered serious under FMLA: ycancer, Alzheimer's, severe stroke, illness requiring hospice care, asthma, or other severe chronic conditions zSome examples of health conditions not considered serious under FMLA: ycommon cold, flu, dental, orthodontics, acne treatments, and normal physician visits
Who is a Health Care Provider? zA Health Care Provider is: yPhysician yPodiatrist yDentist yClinical Psychologist yOptometrist yChiropractor licensed in our state yMid-Level Provider: Nurse Practitioner, Physician Assistant, Clinical Social Worker yChristian Science Practitioner
Who is not a Health Care Provider? zA Health Care Provider is not: yRegistered Nurse yPhysical Therapist yCounselor yFront Office Staff yTechnician or Technologist
Paid Leave Substitution zThe Paid-Leave Substitution follows the same premise as our Short-Term Disability policy yInpatient, invasive or evasive procedures or emergent care for serious health conditions give an employee immediate access to STD and continued access to STD for the period of incapacity yThree or more days of incapacity without one of the above reasons requires the employee to take the first 2 days of incapacity as PTO, then they can access STD on the third day. To continue accessing STD for the remainder of the illness, the employee would need a physician statement yThe employee can choose to access PTO once they have exhausted their STD for FMLA except for pregnancies extending beyond the normal recovery times. In some cases of a Medical Leave, the employee may be required to access PTO once they have exhausted their STD, as well.
Full FMLA or Intermittent FMLA zFull FMLA yOff work for 7 or more consecutive days yTime is taken in 8 hour days zIntermittent FMLA yOff work intermittently over a specific time period yTime is taken as needed in hourly increments, periodically during the specified time period
UHA & Intermittent FMLA Specifics zFor Intermittent FMLA, UHA will allow the employee to access STD or PTO depending on the reason for the leave zFor periodic treatments for chronic illness, the employee can access STD zFor periodic follow-up physician visits, the employee can access PTO ***Remember we still follow the STD policy when determining the type of paid leave to substitute.***
Certification of Leave zCertification (physician statement) or the Family Medical Leave Request form must be submitted to Human Resources as soon as possible or prior to a leave known in advance zIf certification is not received within 30 days of the first day of the leave, the leave can be denied for FMLA. zFor intermittent leave, employees should provide a physician statement to their supervisor for each occurrence to ensure the appropriate Paid Leave is used.
Recertification zUHA requires employees on an intermittent leave to recertify the need for the leave annually zUHA requires employees to recertify any time there is a change in the original leave request
Returning from Leave zUHA requires all employees returning from FMLA to present a Return-to-work slip prior to working zReturn-to-work slips are to be presented to supervisors and HR zIf the leave was for a family member, a return- to-work slip is preferred; however, a verbal notification can be given to the supervisor and HR
My employee is not eligible for FMLA Now What? zIf your employee does not meet the eligibility for FMLA, they may still qualify for a Medical Leave of Absence yMedical Leave of Absence entitles the employee to up to 6 months or 26 weeks of leave for serious health conditions. yUHA uses the same criteria for determining medical need for a Medical Leave of Absence as we use for FMLA
Medical Leave Specifics zMedical Leaves run concurrent with all other leaves. An employee can only be authorized to be off the job a total of 6 months/26 weeks in a rolling calendar year yExample - they have exhausted your FMLA entitlement (12 weeks) and need to be out again for 6 weeks. This would be a Medical Leave, but they would only have 8 weeks remaining of Medical Leave at the end of the current 6 week request. yStill follows a rolling calendar year
Medical Leave Specifics zImmediate Family ySame as the FMLA zSerious Health Conditions ySame as the FMLA zPaid Leave Substitution ySame as the FMLA zCertification/Recertification ySame as the FMLA zHealth Care Providers ySame as the FMLA
As a supervisor, what do I do? zMy employee has notified me he/she may be off for more than 7 days. What do I need to do? yMake sure you get the appropriate form from your employee prior to the leave; ensure all the information requested on the form is complete yIf he/she do not have the appropriate form in advance, instruct your employee on the appropriate form he/she needs to request a leave yIf you do not get the appropriate form from the employee within a week of the first day of leave, you should follow-up with the employee to ensure you get the appropriate form. Delays in getting the form can impact whether the leave is approved or denied and the employee’s paid leave balances can be inappropriately charged yForward copies of the form to HR upon receipt for processing of the employee’s leave
As a supervisor, what do I do? zWhile my employee is out on a leave, what do I need to do? yWhen on leave, keep in contact with your employee to make sure nothing has changed yIf something has changed with his/her leave, request an updated physician statement indicating the change yCommunicate any changes in the leave to HR; forward the appropriate forms upon receipt yComplete a timesheet for the employee, and make sure to keep a copy for their files upon their return
As a supervisor, what do I do? zMy employee is preparing to return to work, what do I need to do? yContact the employee to verify the return-to-work date and if there will be any limitations or restrictions associated with the return yIf there are limitations or restrictions, contact HR to discuss; there are no light duty positions in which to place the employee. The return may need to be delayed, or the hours of work may need to be adjusted, to accommodate the employee’s limitations pr restrictions upon returning to work yRequire a return-to-work slip prior to the return date or on the date of the return before the employee begins the work day yMake sure HR gets a copy of the return-to-work slip upon receipt
Resources zFamily Medical Leave Request Form yUHAonline under Human Resources - Forms zFamily Medical Leave FAQ yUHAonline under Human Resources - Frequently asked questions zHuman Resources is available to answer your specific questions y293-4270