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FMLA Overview of FMLA Paid Leave Provisions

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1 FMLA Overview of FMLA Paid Leave Provisions
FML for Lecturers (Unit 18) Active Service Modified Duties (ASMD) Processing FML forms Resources

2 Overview of FMLA: Definition
FMLA requires covered employers to provide up to 12 weeks of unpaid*, job-protected leave to eligible employees for the following reasons: for incapacity due to pregnancy, prenatal medical care or child birth; to care for the employee’s child after birth, or placement for adoption or foster care; to care for the employee’s spouse, son, daughter or parent, who has a serious health condition; or for a serious health condition that makes the employee unable to perform his/her job. *UC policy allows limited paid leave entitlements for faculty.

3 Overview of FMLA: Eligibility
Employees are eligible if they have worked for at least 12 months (cumulative UC service), and have 1,250 hours of service in the previous 12 months (prior to the start of leave). All employees with a disability (any medical condition, temporary or permanent, that affects job performance) are eligible for assistance via the interactive process. Work with the Disability Management office to assess reasonable accommodations for the employee (APM 711). Disability discrimination is leading cause of litigation against the UC.

4 Overview of FMLA: Continuous or Intermittent
Leave can be taken intermittently or on a reduced leave schedule when medically necessary. These types of leaves should be designated in writing and the hours applied toward FML must be tracked manually. Accurate history records or employee time records are essential. Once FML is exhausted, reasonable accommodation may be necessary (contact Disability Management Services).

5 Overview of FMLA: Disability Plans
Short-term (UC covers 100%) and Supplemental (employee pays premiums) For 2017, all eligible employees can enroll in Supplemental Disability coverage during Open Enrollment In most cases, disability coverage from all sources combined can replace up to 70 percent of your salary. You must be under a doctor’s continuous care. There is a waiting period before you can begin receiving benefits. If you purchase Supplemental Disability, you can choose from 7, 30, 90 or 180 days; that becomes the waiting period for your Short-Term Disability coverage as well. Contact the Benefits office for more information.

6 Paid Leave Provisions (APM 710)
Faculty (who do not accrue sick leave) with less than 10 years of service are eligible for up to 2 quarters of paid medical leave (within a 10-year period)  Faculty (who do not accrue sick leave) with 10 or more years of service eligible for up to 3 quarters of paid medical leave (within a 10-year period)  Clock starts upon appointment and unused paid leave does not carry over to next 10 year period

7 FML for Lecturers (Unit 18)
If on active service at 100% for at least 12 consecutive months, same provision as faculty (APM 710)  If on active service for at least 12 consecutive months, up to 6- weeks of paid leave for pregnancy disability If 50% or more for at least 12 consecutive months, eligible for shorter period of paid leave. If less than 50%, no paid leave provision.  3 days of paid bereavement

8 Active Service Modified Duties (ASMD)
A reduction/modification of duties so that a faculty member may prepare for and/or care for a newborn child or a child under age five newly placed for adoption or foster care. Faculty member must be responsible for at least 50% of the care of the child to be eligible. Normally requested for one quarter, which is a Dean’s final approval. If child is born or placed in the summer months, birth mother may be eligible for 2 quarters of ASMD (VC approval).

9 Processing FML Forms FML forms Doctor’s certification
All required forms must be prepared and sent to the candidate in a timely manner Department is the office of record Doctor’s certification Written letter from the physician or Certification Form Do not contact the physician’s office directly if information needs to be added or clarified. Make reasonable effort to communicate through the candidate if revisions are needed. APM 740 Leave form Dates of leave must match the physician’s note

10 Resources Bookmark: services/administrators/leaves-of-absence.html APM 710 & 711 Peter M. Kim: Academic FML inquiries Michelle Anderson: Staff FML inquiries Barbara Van Nostrand: ASE (UAW) FML inquiries Adrienne Malka: Academic Disability Management support


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