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Leave Time Overview Michelle K. Brackin. Four Topics EPTO EPTO Family Medical Leave Family Medical Leave Personal Medical Leave Personal Medical Leave.

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Presentation on theme: "Leave Time Overview Michelle K. Brackin. Four Topics EPTO EPTO Family Medical Leave Family Medical Leave Personal Medical Leave Personal Medical Leave."— Presentation transcript:

1 Leave Time Overview Michelle K. Brackin

2 Four Topics EPTO EPTO Family Medical Leave Family Medical Leave Personal Medical Leave Personal Medical Leave Unpaid Leave of Absence Unpaid Leave of Absence

3 Emergency Paid Time Off Employee’s illness Employee’s illness Immediate Family Illness Immediate Family Illness Employee’s parents Employee’s parents Employee’s children Employee’s children Employee’s spouse or domestic partner Employee’s spouse or domestic partner All corresponding in-laws, foster, and step relatives All corresponding in-laws, foster, and step relatives Anyone living in the employees household Anyone living in the employees household Personal Emergency Personal Emergency

4 EPTO limits Employees may earn up to 1040 hours Employees may earn up to 1040 hours Only 40 hours of earned EPTO may be used in a fiscal year for family illness and /or personal emergency Only 40 hours of earned EPTO may be used in a fiscal year for family illness and /or personal emergency All earned EPTO may be used for the employee’s illness All earned EPTO may be used for the employee’s illness

5 Family Medical Leave Act FMLA is a federal law passed in 1993 FMLA is a federal law passed in 1993 Protection for employees who qualify Protection for employees who qualify Must work for the employer one year Must work for the employer one year Must have worked 1250 hours in the past 12 months Must have worked 1250 hours in the past 12 months Employer must have 50 or more employees Employer must have 50 or more employees Qualifying Reasons Qualifying Reasons Serious Medical Condition Serious Medical Condition Employee’s parent, child, or spouse Employee’s parent, child, or spouse Birth of a child Birth of a child

6 FMLA Defined Serious Medical Condition Serious Medical Condition Incapacity plus treatment more than 3 consecutive days Incapacity plus treatment more than 3 consecutive days Inpatient Hospitalization Inpatient Hospitalization Incapacity due to pregnancy Incapacity due to pregnancy Chronic permanent or long term condition supervised by a health care provider i.e. epilepsy, Alzheimer, kidney failure Chronic permanent or long term condition supervised by a health care provider i.e. epilepsy, Alzheimer, kidney failure Parent Parent En Parentis Loco En Parentis Loco Child Child Minor children Minor children Children 18 years of age or older and incapable of self-care because of a mental or physical disability Children 18 years of age or older and incapable of self-care because of a mental or physical disability

7 Family Medical Leave Protections 12 weeks unpaid time 12 weeks unpaid time Use your 40 hours EPTO for family Use your 40 hours EPTO for family Use all accrued time for your personal illness Use all accrued time for your personal illness Can be used intermittently as medically indicated Can be used intermittently as medically indicated Return to an equivalent job Return to an equivalent job Continue to pay the employer’s portion of the health insurance Continue to pay the employer’s portion of the health insurance Can’t be penalized for using FMLA time off Can’t be penalized for using FMLA time off

8 Employee’s FMLA Responsibilities Must give 30 days notice, or as much as is practicable Must give 30 days notice, or as much as is practicable Must return the medical documentation within 15 days Must return the medical documentation within 15 days Must provide medical updates whenever the last notice ends or when requested to do so Must provide medical updates whenever the last notice ends or when requested to do so Must return on the date the medical provider indicates Must return on the date the medical provider indicates Must keep any appointments that the employer requests with a second or third medical provider Must keep any appointments that the employer requests with a second or third medical provider

9 Personal Medical Leave Only for employee’s serious medical conditions Only for employee’s serious medical conditions Those who do not qualify for a FMLA Leave Those who do not qualify for a FMLA Leave After the FMLA 12 weeks are exhausted After the FMLA 12 weeks are exhausted An employee with less than 1 year/1250 hours An employee with less than 1 year/1250 hours

10 Personal Medical Leave Protections ASC will hold a job with the same benefits and rate of pay ASC will hold a job with the same benefits and rate of pay You may use accrued time You may use accrued time Limit of seven months of leave including FMLA time Limit of seven months of leave including FMLA time May not be taken intermittently May not be taken intermittently Continuation of insurance with the employee paying the full cost Continuation of insurance with the employee paying the full cost $ individual per month $ individual per month $ family per month $ family per month

11 NYS Disability and Workers’ Compensation You may receive limited benefits under these two insurance programs when you are out on a leave for your own medical issues. You may receive limited benefits under these two insurance programs when you are out on a leave for your own medical issues. Waiting periods Waiting periods Limited benefit (6 months DBL) Limited benefit (6 months DBL) Use EPTO and get reimbursed Use EPTO and get reimbursed You are responsible to keep completing their medical forms and having your medical provider complete their forms. You are responsible to keep completing their medical forms and having your medical provider complete their forms.

12 Unpaid Leave of Absence Not necessarily for medical issues Not necessarily for medical issues Unpaid and you may not use your accrued time Unpaid and you may not use your accrued time Minimum of 30 days to a max. of 6 months Minimum of 30 days to a max. of 6 months At the discretion of the Executive Director At the discretion of the Executive Director Not for FMLA, vacation, employment, or recreational purposes Not for FMLA, vacation, employment, or recreational purposes Must be employed for 3 years Must be employed for 3 years May not have another leave until the employee has worked another 3 years May not have another leave until the employee has worked another 3 years

13 Unpaid Leave of Absence Protection Return to a position with the same benefits and rate of pay Return to a position with the same benefits and rate of pay Health insurance and benefits continued when the employee pays the full cost Health insurance and benefits continued when the employee pays the full cost

14 Unpaid Leave of Absence Responsibilities Written request with the start and end date Written request with the start and end date 10 days notice 10 days notice You must return on the date specified You must return on the date specified

15 Summary ASC has offered several leave benefits to employees ASC has offered several leave benefits to employees Don’t wait to ask for information or leave paperwork Don’t wait to ask for information or leave paperwork Complete the paperwork sent to you Complete the paperwork sent to you Follow up with your medical providers about their required paperwork Follow up with your medical providers about their required paperwork Keep ASC informed about the need for leave beyond any previously documented dates Keep ASC informed about the need for leave beyond any previously documented dates Return to work on the date your doctor states Return to work on the date your doctor states


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