Leave Administration Services P R O P R I E T A R Y A N D C O N F I D E N T I A L +

Agenda What is FMLA? Review the Leave of Absence Process When to Refer an Employee to York Protected Health Information Questions

L E A V E O F A B S E N C E What is FMLA? The Family Medical Leave Act, also known as FMLA, is a federal law allowing eligible employees to take unpaid leave that protects their job and benefits for up to a total of 12 work weeks in a 12 months period for: Birth of child Adoption and/or foster care Care of a spouse, child or parent with a serious health condition An employee’s own serious health condition Care of a spouse, child, parent or next of kin with a serious injury or illness incurred or exacerbated within 5 years of active duty in the Armed Forces (up to 26 weeks) Qualifying exigency due to a spouse, child or parent on active or reserve duty in the Armed Forces being deployed to a foreign country

FMLA Eligibility Requirements L E A V E O F A B S E N C E FMLA Eligibility Requirements Employed for 12 months – does not have to be consecutive time 1,250 actual hours worked in the 12-month period preceding the date of the requested leave Employed at a worksite where 50 or more employees are employed within 75 miles of that worksite Available FMLA hours Qualifying condition certified by a healthcare provider or meeting the military family leave eligibility

What is a Serious Health Condition? L E A V E O F A B S E N C E What is a Serious Health Condition? A medical condition that renders an employee unable to perform the essential functions of his or her job, such as: Incapacity of more than three days with treatment Incapacity is defined as an inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefore or recovery therefrom. (825.113(b)) Inpatient hospital care Pregnancy Chronic conditions requiring treatment (e.g., asthma, diabetes, epilepsy, etc.) Permanent or long term conditions (e.g., Alzheimer’s , severe stroke, terminal states of a disease, etc.) Multiple treatments (e.g., dialysis, chemotherapy, physical therapy, etc.)

FMLA 12-Month Calculation L E A V E O F A B S E N C E FMLA 12-Month Calculation Butler University is currently using the 12 Month Rolling Back Calculation method York will add the employee’s FMLA usage over the 12 months preceding the requested date of leave and will subtract that amount from the initial 12-week FMLA bank to determine the employee’s available FMLA time

L E A V E O F A B S E N C E Types of FMLA leave An eligible employee is entitled to up to 12 work weeks of leave under FMLA in a 12-month period for a qualifying reason. Leave under FMLA may be taken in the following ways: Continuous leave: a block of days taken continuously. (eg. Surgery or birth of a baby) Intermittent leave: hours or days taken in separate blocks of time due to a single qualifying reason. (eg. Physical Therapy one time per week for 6 weeks) Reduced schedule: the employee works a reduced number of hours per work week or per day. (eg. Released to return to work for only 6 hours per day)

How will the Process Work? L E A V E O F A B S E N C E How will the Process Work? For New Leave Cases: Employees will continue to report absences following their normal reporting procedures The employee will then call York to report an absence / file a new claim that may qualify for leave York will verify FMLA and any applicable State Leave, send applicable paperwork, review medical certification, designate the FMLA / State Leave and notify the HR Representative York will send an email notification to the HR Representative each time work is missed for a claim For intermittent leaves, employees must report their absence to their employer and call York to report every intermittent absence as indicated per policy

Employee’s Responsibilities L E A V E O F A B S E N C E Employee’s Responsibilities Report FMLA absences to their supervisor / manager For new FMLA claims, notify supervisor or HR Department. If unreachable, call York to report an absence after missing 3+ days for an FMLA qualifying reason For FMLA, an employee must provide 30 days advance notice, unless the leave is unforeseeable. In this case, notice must be provided as soon as practical. At all times, employees must follow the employer’s call-in procedures For FMLA leave taken on an intermittent basis, employees must attempt to schedule leave so that employer’s operations are not disrupted Provide medical certification from their healthcare provider to York within required time frame Per the employer’s policy, employees must continue to follow call-in procedures for reporting absences and remain in contact with the employer during the period of leave

Manager’s Responsibilities L E A V E O F A B S E N C E Manager’s Responsibilities Refer employees to York if they are absent for any of the below reasons Absence of more than three (3) days for a medical reason and/or family care Absences that appear to relate to chronic conditions or multiple absences for the same reason and/or condition Multiple doctor visits and/or treatments Absence related to a previously protected medical related issue Anything you suspect that may be a qualifying reason for leave Establish, communicate and enforce the department’s policies and procedures consistently between FMLA and non-FMLA absences Ensure employees on approved FMLA leave do not resume any work activities until York receives a Return to Work (RTW) Medical Release RTW releases may be obtained for a continuous FMLA absence

What to Expect from York L E A V E O F A B S E N C E What to Expect from York Designated specialist will handle leave requests, gather required documents and communicate with the employee their manager and HR Department throughout the leave duration York will verify the employee’s eligibility for FMLA and any applicable state leave laws Medical certifications will be reviewed by an Absence Specialist to ensure consistency and accuracy of requests. The Absence Specialist will contact the healthcare provider if there is a medical release on file and there are questions or if more information is needed York will report leave hours to the Manager and HR Department and notify them of any approved leaves and any need-to-know changes in leave status

Example of an Email Notification L E A V E O F A B S E N C E Example of an Email Notification

L E A V E O F A B S E N C E Employee Portal Our Employee Portal provides a convenient and secure site for employees to view leave and absence information. You can visit https://timeoff.yorkrisk.com or call our customer service team to create your secure account Real time claim status View all documentation Displays hours available for your leaves Interactive messaging with representative FAQ support Intermittent time reporting Report new FMLA claim

Additional helpful materials L E A V E O F A B S E N C E Additional helpful materials

Protected Health Information (PHI) L E A V E O F A B S E N C E Protected Health Information (PHI) An employee’s PHI is protected information by HIPAA and should not be discussed in the workplace A supervisor / manager may need to discuss an employee’s leave with him/her, however, may only ask questions relating to the workplace: Okay to ask…. How long do you expect to be absent? Will your absence require intermittent time away from work or a continuous time period? Have you contacted Human Resources?

Protected Health Information L E A V E O F A B S E N C E Protected Health Information The supervisor / manager should not ask any questions related to the medical diagnosis of the employee or his/her family member: Do not ask: What condition do you or your family member have? What have you been diagnosed with? What are you or your family member seeing the doctor for? If the employee does share their information with you, please do not share it with anyone else, as this information should be kept confidential due to HIPAA

Questions? Please contact York at 1.888.436.9530 with any questions or concerns regarding FMLA. Please note that all calls are recorded for quality assurance.

Thank You