Family and Medical Leave Act (FMLA) and Paid Parental Leave (PPL)

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Presentation transcript:

Family and Medical Leave Act (FMLA) and Paid Parental Leave (PPL) Overview presentation I would like to go over two leave policies, FMLA and PPL. As we review these two policies we will also discuss other University leave benefits and how they work with FMLA and PPL. Teresa (Wesner) Schnarr, Associate Director, Benefits Service Ctr. Paula Cheatham, Leaves of Absence Coordinator © 2013 Purdue University Last updated 11/13/2015

Family and Medical leave act Defining FMLA What is the Family and Medical Leave Act (FMLA)? FMLA is a federal law and University policy. 12 workweeks of unpaid job-protected leave over a 12-month period for medical and family reasons. 26 workweeks of unpaid job-protected leave in a 12 month period to care for a Covered Service member, limited to a combined total of 26 workweeks for all types of FMLA leave. Note: Although FMLA itself is an unpaid leave, Purdue allows employees to utilize paid leave. Although FMLA itself is an unpaid leave the University allows employees to utilize other types of paid leave that may apply. The other types of leave could be sick leave, sick family, vacation, personal business or paid parental leave.

Family and Medical Leave Act Who is eligible for FMLA? An Employee must: Have been employed at the University for at least 12 months (consecutively or non-consecutively within the prior seven years). Have worked at least 1,250 hours during the 12-month period preceding the date that FMLA leave would begin. Have NOT exhausted FMLA allotment during the 12-month period preceding the date that the leave would begin Note: The 12-months preceding the leave is a rolling 12-month period/calendar

Family and medical leave act What Situations Qualify as FMLA? For a Personal Sick Leave: A serious health condition that makes the employee unable to perform one or more of the essential functions of the employee's job, as certified by his or her health care provider (ex: in-patient care, continuing treatment by a health care provider) (continuously, intermittently or reduced schedule) The birth of a son or daughter Note: When both spouses are employed at Purdue, employees must share 12 weeks of FMLA eligibility for birth/adoption/ placement/bonding. (This is a Federal Regulation.) For a serious health condition of the employee, you could utilize any paid sick leave, vacation or personal business days available. Faculty have 10 days of sick leave if employed less than one year, 22 days of sick leave at 100% pay and 22 days of sick leave at 75% pay if employed less than two years, 44 days of sick leave at 100% pay and 44 days of sick leave at 75% pay if employed less than three years and 66 days of sick leave at 100% pay and 66 days of sick leave at 75% pay if employed three years or more (these are maximum amounts available, please refer to policy on how to calculate actual amount of sick leave available). If paid sick leave is exhausted may use personal business days, Faculty are allotted 3 days per fiscal year. If you are a 12-month Faculty, you may also use any accrued vacation. For the birth of a son or daughter if you are the birth mother you may use paid sick leave while under the doctors care. Otherwise you may use paid parental leave (6 weeks), if you qualify, as well as vacation if you are a 12-month Faculty member.

Family and medical leave act For a Sick Family Member: The placement of a son or daughter by adoption or foster care (including related court appearances, consultations with attorneys, and counseling sessions) Care of a son or daughter during the first 12 months following birth or placement Care of a spouse, same sex domestic partner, son or daughter under the age of 18, or parent with a serious health condition as certified by the family member‘s healthcare provider Care of a son or daughter (18 or over) who is incapable of self-care due to a mental or physical disability as defined under ADA. Note: Paid sick leave (FMLA or non-FMLA) for a covered family member is limited to 10 days per fiscal year.  For adoption you may use paid parental leave (if you qualify), personal business days or vacation (if you’re a 12-month Faculty member). For foster care you may use personal business days or vacation (if you’re a 12-month Faculty member). To care for a son or daughter following birth or adoption you may use paid parental leave (if you qualify), personal business days or vacation (if you’re a 12-month Faculty member). To care for a spouse, same sex domestic partner, son or daughter under the age of 18 you may use sick family leave, this leave is part of your own personal sick leave it is not an additional leave, you may use 10 days of your own sick leave, if available, per fiscal year for a family member or vacation (if you’re a 12-month Faculty member). To care of a son or daughter (18 or over) you may use sick family leave, this leave is part of your own personal sick leave it is not an additional leave, you may use 10 days of your own sick leave, if available, per fiscal year for a family member or vacation (if you’re a 12-month Faculty member).

Family and medical leave act For a Military Leave: Any qualifying exigency arising out of the fact that the employee’s spouse, same sex domestic partner, son, daughter, or parent is a covered military member on covered active duty (or has been notified of an impending call or order to covered active duty) with the Armed Forces in a foreign country Care of a covered servicemember with a serious injury or illness if the employee is the spouse, same sex domestic partner, son, daughter, parent or next of kin of the covered servicemember For a qualifying exigency you may use personal business days or vacation (if you’re a 12-month Faculty member). To care for a covered servicemember with a serious injury or illness you may use sick family leave, this leave is part of your own personal sick leave it is not an additional leave, you may use 10 days of your own sick leave, if available, per fiscal year for a family member, or personal business days or vacation (if you’re a 12-month Faculty member).

Paid Parental Leave (PPL) overview of policies and procedures © 2013 Purdue University Last updated 11/01/2013

Paid parental leave What is Paid Parental Leave (PPL)? Purpose: DEFINING paid parental leave What is Paid Parental Leave (PPL)? Purpose: Gives parents additional flexibility and time to bond with new child Adjust to a new family situation Balance professional obligations Advanced notice by Faculty member is required so appropriate planning can be scheduled for teaching and/or research obligations. PPL is a benefit of employment and its use will not be considered as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions relating to attendance policies. Understand that it is difficult to take leave time. Leave should be discussed with Department Heads as far in advance as possible to make arrangements for teaching assignments. We also understand that funding can sometimes be an issue. Grants typically only allow 10 days of paid leave time to be charged to the grant. When someone on a grant does go on a leave for more than 10 days, it then becomes the departments responsibility to fund the leave.

Paid parental leave An employee must: Who is Eligible for PPL? An employee must: Be in a benefits-eligible position Faculty Staff Graduate Staff Post-Doc Must be employed a minimum of 12 months Half-time or more at the time of birth or adoption Note: Runs concurrently with FMLA.

Paid parental leave How much time is allowed for PPL? Birth/Adoptive Parent – 6 weeks (240 hours) (based on 100% CUL) Flexibility for Faculty – What best meets the need of the Faculty and Department Individual planning with department head i.e.: Release from teaching for a semester – may still attend meetings, work with students, do research, etc. Time must be used within 12 months following birth or adoption. It can be taken as a: Continuous Leave - immediately following birth or adoption Intermittent Leave - Approval required Reduced Schedule - Approval required Note: Advance notice and planning is required. Departments and Faculty will work together to determine the best plan for both parties. Tenure clock stops will continue to be approved for one year for birth/adoption provided the Tenure-Clock Extension form is submitted within one year of the occurrence.

Paid parental leave FMLA: PPL runs concurrently with FMLA Interactions with other leaves & benefits FMLA: PPL runs concurrently with FMLA Other paid leave benefits: Paid Sick Leave Paid Vacation (12-month Faculty only) Paid Personal Business Days (3 per fiscal year) Paid Holidays Long Term Disability (LTD) – if applicable

application of fmla & ppl policies © 2013 Purdue University Last updated 11/01/2013

Example Applying policy Birth mom is an AY Faculty member who has worked at the University for 3 years. She is expecting on 9/12 and wants to take as much paid leave as possible without using her personal business days. She is eligible for FMLA and PPL. The FMLA will run concurrently with her sick leave (while under a doctors care) and her PPL for bonding time The doctor takes her off work a week early on 9/5 and the baby is born on 9/12.

Example Applying policy 9/5 9/12 10/31 11/27 12/11 Birth Doctor releases patient FMLA 9/5 to 11/27 (12 weeks) 8 weeks while under a doctors care FMSE 8 hours / day 6 weeks of PPL total 4 weeks of FMLA remaining FMPL 8 hours / day 2 weeks of PPL remaining PPL 8 hours/day

CONTACT INFORMATION FMLA/PPL Questions: Paula Cheatham 49-41533 Pam Hardesty 49-66269 Lisa Hornbeck 49-41310

closing Questions Thank you for your time