UCCE Sonoma County ANR/HR Briefing UCCE Sonoma County ANR/HR Briefing FMLA, CFRA, PDL and Benefits7/24/2007

2 FMLA/CFRA/PDL What is the difference?  FMLA – Federal entitlement  CFRA - State entitlement  PDL – State & UC entitlement (pregnancy only)  FMLA and CFRA run concurrently  FMLA and PDL run concurrently  CFRA and PDL do not run concurrently

3 Family and Medical Leave Act and California Family Rights Act (FMLA/CFRA) Federal and state leave laws Federal and state leave laws Eligibility Requirements Eligibility Requirements 12 months of University service 12 months of University service 1250 hours in the consecutive 12 months immediately preceding the leave 1250 hours in the consecutive 12 months immediately preceding the leave

4 Reasons for taking FMLA/CFRA Medical Leave Medical Leave Employee’s own serious health condition Employee’s own serious health condition Family Care Family Care Care for the employee’s parent, spouse, or child that has a serious health condition Care for the employee’s parent, spouse, or child that has a serious health condition Baby Bonding Baby Bonding Birth, adoption or foster care placement Birth, adoption or foster care placement

5 What is a Serious Health Condition? What is a Serious Health Condition? An illness, injury, impairment or physical/mental condition that involves: An illness, injury, impairment or physical/mental condition that involves: Inpatient care Inpatient care Continuing treatment by a health care provider (HCP) for a condition that causes more than 3 calendar days of incapacity and two or more treatments by the HCP Continuing treatment by a health care provider (HCP) for a condition that causes more than 3 calendar days of incapacity and two or more treatments by the HCP

6 What is a Serious Health Condition: Cont. One treatment by a HCP and a regimen of continuing treatment under the HCP’s supervision One treatment by a HCP and a regimen of continuing treatment under the HCP’s supervision Chronic serious health condition Chronic serious health condition Permanent condition Permanent condition Multiple treatments Multiple treatments

7 Good News! Not a Serious Health Condition Common cold Common cold Common flu Common flu Earaches Earaches Upset stomach Upset stomach Headaches (other than migraines) Headaches (other than migraines) Routine dental treatment Routine dental treatment Unless complications arise from the above listed reasons Unless complications arise from the above listed reasons

8 Who is a Health Care Provider? Physician Physician Surgeon Surgeon Nurse practitioner Nurse practitioner Nurse midwife Nurse midwife Clinical Social Worker Clinical Social Worker Licensed to practice in the state of California, US or any other country Licensed to practice in the state of California, US or any other country

9 Duration and Timing of the Leave (FMLA/CFRA Only) Duration and Timing of the Leave (FMLA/CFRA Only) Up to 12 work weeks in a 12-month period Up to 12 work weeks in a 12-month period 12-week entitlement renews every calendar year 12-week entitlement renews every calendar year Intermittent/reduced schedule and blocks of time Intermittent/reduced schedule and blocks of time Calculate: 15-minute increments, hours, days, weeks, months Calculate: 15-minute increments, hours, days, weeks, months Prorate based on appointment percentage Prorate based on appointment percentage 30-days advanced notice when foreseeable 30-days advanced notice when foreseeable

10 Initiating the Leave Requested Leave: Requested Leave: - Determine eligibility - Respond within 2 business days * Follow up in writing “provisionally designating” as FMLA or “ineligible” Complete the FMLA packet, if eligible Complete the FMLA packet, if eligible Non requested Leave: Non requested Leave: - If employee is on leave for three days, send FMLA packet and letter

11 Medical Certification is the Key! May be required for: May be required for: Employee’s own serious health condition Employee’s own serious health condition Care for employee’s seriously-ill parent, spouse or child Care for employee’s seriously-ill parent, spouse or child HCP completes and returns within reasonable time (15 days) HCP completes and returns within reasonable time (15 days) Must reasonably define duration of leave; intermittent or block of time, etc. Must reasonably define duration of leave; intermittent or block of time, etc.

12 Intermittent Leave - Overview FMLA definition FMLA definition “intermittent” = leave taken in separate blocks of time due to a single qualifying event “intermittent” = leave taken in separate blocks of time due to a single qualifying event “reduced leave” = a schedule that reduces an employee’s usual number of working hours per work week or hours per workday “reduced leave” = a schedule that reduces an employee’s usual number of working hours per work week or hours per workday Only the intermittent leave time taken is counted towards 12 week entitlement Only the intermittent leave time taken is counted towards 12 week entitlement

13 Intermittent Leave - Eligibility Established on the occasion of the first absence through medical certification Established on the occasion of the first absence through medical certification Cannot require employee to establish eligibility on each occasion of intermittent leave usage Cannot require employee to establish eligibility on each occasion of intermittent leave usage Must be “medically necessary” for employee’s own SHC or SHC of family member Must be “medically necessary” for employee’s own SHC or SHC of family member

14 Intermittent Leave - Tracking Track all minutes/hours used for intermittent leave and subtract from entitlement Track all minutes/hours used for intermittent leave and subtract from entitlement Inform employee of their responsibility to notify supervisor when absence is due to FMLA/CFRA Inform employee of their responsibility to notify supervisor when absence is due to FMLA/CFRA

15 Intermittent Leave and Baby Bonding Under CFRA, employees can request on only two separate occasions to take baby bonding time in less than two-week increments Under CFRA, employees can request on only two separate occasions to take baby bonding time in less than two-week increments Collective Bargaining agreements give the University discretion to require that additional baby bonding time be in two-week increments Collective Bargaining agreements give the University discretion to require that additional baby bonding time be in two-week increments

16 Employers Obligation Designate FMLA Designate FMLA Respond within 2 business days of request for leave Respond within 2 business days of request for leave Notify employee when: Notify employee when: changes occur to original notice changes occur to original notice when something exhausts when something exhausts before leave is to end before leave is to end Keep accurate records Keep accurate records

17 FMLA/CFRA: Why Bother? My Employee has Sick Leave Available It’s the law! It’s the law! Managers may be held personally liable for failing to provide legal entitlements and doing corrective action or terminating employee for excessive absenteeism Managers may be held personally liable for failing to provide legal entitlements and doing corrective action or terminating employee for excessive absenteeism Protects employees from having absences counted against them (FMLA absences are excused) Protects employees from having absences counted against them (FMLA absences are excused) Must treat all employees the same Must treat all employees the same

18 FMLA/CFRA/PDL: How Does an Employee Get Paid? FMLA/CFRA/PDL entitles an employee to take an UNPAID leave of absence FMLA/CFRA/PDL entitles an employee to take an UNPAID leave of absence Collective Bargaining Agreements (Contracts) & PPSM (policy) may detail how an employee receives pay while on leave Collective Bargaining Agreements (Contracts) & PPSM (policy) may detail how an employee receives pay while on leave

19 Pregnancy Disability Leave What is it? What is it? State law, only applies to female employees State law, only applies to female employees Female employee eligible to take PDL upon first day of employment with the University Female employee eligible to take PDL upon first day of employment with the University Up to four (4) months of unpaid leave due to pregnancy related disabling conditions Up to four (4) months of unpaid leave due to pregnancy related disabling conditions Can take blocks of time or intermittent leave Can take blocks of time or intermittent leave

20 Pregnancy Disability Leave What does it cover? What does it cover? Prenatal appointments Prenatal appointments Severe morning sickness Severe morning sickness Period of incapacity/disability both before birth and after delivery Period of incapacity/disability both before birth and after delivery Typically: 2 weeks prior to delivery and 6-8 weeks after birth Typically: 2 weeks prior to delivery and 6-8 weeks after birth

21 Pregnancy Disability Leave PDL can also include: PDL can also include: Medical certification that employee have modified duty restrictions in current job, or be transferred to another position (lighter duty) during the duration of the pregnancy Medical certification that employee have modified duty restrictions in current job, or be transferred to another position (lighter duty) during the duration of the pregnancy Use of PDL Use of PDL Employee must notify supervisor if absence is due to PDL; Ask employee to notify supervisor of conclusion of PDL for transition to CFRA for baby bonding Employee must notify supervisor if absence is due to PDL; Ask employee to notify supervisor of conclusion of PDL for transition to CFRA for baby bonding

22 FMLA/CFRA/PDL …Remember the difference?  FMLA – Federal entitlement  CFRA - State entitlement  PDL – State entitlement (pregnancy only)  FMLA and CFRA run concurrently  FMLA and PDL run concurrently  CFRA and PDL do not run concurrently

23 What Did That Last Slide Say?? __________________>_________________ > __________________>_________________ > Pregnancy Disability Leave Cal. Family Rights Act 6-8 weeks (Max. 4 months) 12 work weeks ________________________________ > Family and Medical Leave 12 work weeks PDL and FMLA run concurrently, after PDL concludes, CFRA begins and can also run concurrently with FMLA PDL and FMLA run concurrently, after PDL concludes, CFRA begins and can also run concurrently with FMLA PDL combined with CFRA may permit a female employee to take up to 7 months of leave PDL combined with CFRA may permit a female employee to take up to 7 months of leave

24 Return to Work Medical certification required upon return to work, for employee’s own SHC Medical certification required upon return to work, for employee’s own SHC Return to work may be delayed until employee submits medical certification Return to work may be delayed until employee submits medical certification Medical certification not required for intermittent leave Medical certification not required for intermittent leave FMLA: Rights to return to same or equivalent position FMLA: Rights to return to same or equivalent position PDL: Rights to return to same position PDL: Rights to return to same position

25 FMLA/CFRA: Benefits Coverage Always recommend your employee contact benefits office to discuss benefit coverage Always recommend your employee contact benefits office to discuss benefit coverage Benefits’ Main Number: (530) Benefits’ Main Number: (530)

26 FMLA/CFRA: The Paperwork and Requirements Family and Medical Leave Forms Packet ( The department must obtain: - Employee’s Leave of Absence Request form - Family and Medical Leave Certification form - Return to Work Certification form Medical certifications must be maintained as a confidential medical record in file separate from employee’s personnel file Maintain FMLA and PDL records for three years

27 What the Benefits Office Needs Completed Staff Leave Request form Completed Staff Leave Request form (Benefits office only) Timely Payroll Personnel System entry by the department Timely Payroll Personnel System entry by the department Potential Problems Potential Problems  Benefits  Overpayment/non-payment  Departmental charges

28 Leaves and Insurance Continuation UC Insurance Continuation UC Insurance Continuation FMLA (12 Weeks) UC provides contributions for medical, dental and vision premiums FMLA (12 Weeks) UC provides contributions for medical, dental and vision premiums Short-Term Disability (26 weeks maximum) UC provides medical premium contributions (up to 7 months) Short-Term Disability (26 weeks maximum) UC provides medical premium contributions (up to 7 months)

29 Resources Leave of Absence Policy/Collective Bargaining Agreement Leave of Absence Policy/Collective Bargaining Agreement Employee & Labor Relations Employee & Labor Relations Office of the President (510) Office of the President (510) Davis Campus (530) Davis Campus (530) Benefits Office: (530) Benefits Office: (530) Disability Management Services: (530) Disability Management Services: (530)

30 Thank You Robert Martinez ANR HR/Coordinator Robert Martinez ANR HR/Coordinator (510) (510)