UCF Human Resources – Leave of Absence & Workers’ Comp Ben Anderson, Leave Administration Manager Robert Guarneri, Associate Director FAMILY MEDICAL LEAVE.

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Presentation transcript:

UCF Human Resources – Leave of Absence & Workers’ Comp Ben Anderson, Leave Administration Manager Robert Guarneri, Associate Director FAMILY MEDICAL LEAVE ACT - FMLA

UCF Human Resources – Leave of Absence & Workers’ Comp GOALS IMPROVE COMMUNICATIONS BETWEEN HR AND UNIVERSITY DEPARTMENTS REGARDING FMLA INCREASE EMPLOYEE AWARENESS CONCERNING THEIR RIGHTS AND RESPONSIBILITIES IN REGARDS TO FMLA IMPROVE THE NUMBER OF LEAVE REQUESTS SUBMITTED WITHIN THE REQUIRED TIMELINES REDUCE THE ISSUES THAT CAN CONTRIBUTE TO DELAYS AND HARDSHIPS THAT THE EMPLOYEE MAY EXPERIENCE.

UCF Human Resources – Leave of Absence & Workers’ Comp The Purpose of FMLA  Assist employees in balancing work demands and family needs under certain circumstances.  Allow leaves to be granted on a gender-neutral basis.  Promote the national interest of preserving family integrity.  Allow employees to take such leave in a manner which accommodates the legitimate BEST interests of the employer.

UCF Human Resources – Leave of Absence & Workers’ Comp What is FMLA  Federal Law first instituted in 1993  All UCF employees who have been employed for one year and have worked a minimum of 1250 hours are eligible  Provides employees up to 12 weeks or 480 hours of unpaid, job protected leave per fiscal year  Designed to be used for specific serious health conditions.

UCF Human Resources – Leave of Absence & Workers’ Comp FMLA  Also includes Military Family Leave for qualifying exigencies and Injured Service Member Care Leave  Anything directly arising from the military member’s deployment, such as: 1. Official ceremonies, 2. Family Support and Assistance Program Activities 3. Military Informational meetings/briefings 4. Pre-deployment briefings and events.

UCF Human Resources – Leave of Absence & Workers’ Comp FMLA DEADLINES  There are two mandatory federal deadlines required for employers to meet regarding FMLA Processing:  1.The “Notice” - 5 days FMLA Notification of Eligibility Notify HR by Phone or  2.The “Request” - 5 days Approval or Denial of Leave Request

UCF Human Resources – Leave of Absence & Workers’ Comp First Five Day Notice Period EE has 15 days from date of letter to provide supervisor the Medical or Parental Leave request and Certification of HealthCare Provider, Deadline date is in the letter. This completes the First Five Day “Notice” Period EE provides NOTICE to Department Day One Department must notify HR within 24 hours Day Two HR must determine eligibility and send notification letter and forms Day Three, Four, Five

UCF Human Resources – Leave of Absence & Workers’ Comp Second Five Day Request Period EE and Department are given all details and requirements to fulfill in the Approval letter and should adhere to deadline dates provided. This completes the Second Five Day “Request” Period EE must complete a Request for Leave & provide a Certification of HealthCare Provider form to Supervisor Day One Department must review, obtain signatures & submit forms to HR within hours of receipt from employee Day Two, Three HR must review, calculate benefits, deal with any issues, approve or deny & send approval or denial letter Day Four, Five

UCF Human Resources – Leave of Absence & Workers’ Comp How can UCF be Liable for Failure to Meet FMLA Guidelines? ailure to notify employee of rights  Failure to notify employee of rights  Poor recordkeeping  Denying or interfering with leave  Failure to restore to a similar position  Discipline/Discharge in retaliation for requesting leave Monetary Penalties can be imposed for failure to meet FMLA guidelines.

UCF Human Resources – Leave of Absence & Workers’ Comp FMLA Protection for the Employee  FMLA absences CANNOT be counted against the employee for attendance or disciplinary purposes.

UCF Human Resources – Leave of Absence & Workers’ Comp FMLA Protection for UCF  The University is not required to grant more than 12 weeks or 480 hours of unpaid leave per fiscal year.

UCF Human Resources – Leave of Absence & Workers’ Comp Who Represents UCF as the Employer?  The employer is defined as one who acts, directly or indirectly, in the interest of the employer.  UCF Specific: Vice Presidents, Deans, Chairs, Directors, Supervisors, Department Managers, Payroll Processors, Office Managers, et al.  If not properly managed, there is potential exposure for litigation.

UCF Human Resources – Leave of Absence & Workers’ Comp When Should an Employee Request a Medical Leave  University Procedure requires an employee who is out more than 10 days to request a Leave of Absence.

UCF Human Resources – Leave of Absence & Workers’ Comp QUICK RECAP  1. The “Notice” - 5 days FMLA Notification of Eligibility Notify HR by or by phone  2.The “Request” - 5 days Approval or Denial of Leave Request  3. Required Forms Medical or Parental Leave Request Form Certification of Health Care Provider Form Intent to Return to Work and Medical Release Form

UCF Human Resources – Leave of Absence & Workers’ Comp FMLA SEMINARS  FMLA TOOLKIT FOR SUCCESS ONE HOUR SEMINAR FOR SUPERVISORS AND PROCESSORS ONE HOUR SEMINAR FOR MANAGERS  MOM AND ME SEMINARS PARENTAL LEAVE SEMINAR

UCF Human Resources – Leave of Absence & Workers’ Comp FMLA Toolkit  Employee Rights and Responsibilities  Medical or Parental Leave Request Form  Certification of Health Care Provider for Employee’s Serious Health Condition  Certification of Health Care Provider Form for a Family Member with a Serious Health Condition  Intent to Return to Work and Medical Release Form  Medical Leave Checklist  Parental Leave Checklist  FMLA Tracking Log  Leave Audit Form  Military Leave Procedures

UCF Human Resources – Leave of Absence & Workers’ Comp Questions?