Leaves of Absence What Administrators Need to Know Brevard Public Schools Compensation & Benefits January 28, 2009

The New LOA Model Simple and intuitive Simple and intuitive Leave team manages LOAs from active duty Leave team manages LOAs from active duty Leave initiators critical to smooth process Leave initiators critical to smooth process Developing online guidebook for handling leave requests Developing online guidebook for handling leave requests Understanding FMLA is important Understanding FMLA is important

The New LOA Model Leave of Absence defined as absence of greater than 5 days (excluding vacation) Leave of Absence defined as absence of greater than 5 days (excluding vacation) Absence <5 days that subsequently goes beyond 5 days = LOA from day 1 Absence <5 days that subsequently goes beyond 5 days = LOA from day 1 Same event if RTW < 20 days Same event if RTW < 20 days New event if RTW > 20 days New event if RTW > 20 days Non-emergency - docs due 14 days before Non-emergency - docs due 14 days before Emergency – docs due 14 days after Emergency – docs due 14 days after

The New LOA Model The first question: The first question: –What type of leave is it, and what is required to initiate it? MedicalPersonalProfessional/EducationalMilitaryUnion

The New LOA Model - Medical Any absence >5 days for employee’s own illness or injury, no matter what the cause Any absence >5 days for employee’s own illness or injury, no matter what the cause Runs currently with Family & Medical Leave Act (FMLA) if eligible Runs currently with Family & Medical Leave Act (FMLA) if eligible Requires DOL certification form giving diagnosis, begin and end dates Requires DOL certification form giving diagnosis, begin and end dates These leaves are approved These leaves are approved

The New LOA Model - Personal Absence >5 days for any other reason except vacation Absence >5 days for any other reason except vacation May request reason for the leave May request reason for the leave If covered under FMLA (if eligible), requires DOL certification form and should be approved If covered under FMLA (if eligible), requires DOL certification form and should be approved May not work for other taxable income (except substitutes in our district) May not work for other taxable income (except substitutes in our district) Request may be denied by administrator Request may be denied by administrator

The New LOA Model – Pay & Benefits Options The second question: The second question: –How will being on LOA affect my pay and benefits? Sick pay Sick bank pay Vacation Workers’ Compensation FMLA Extended sick

The New LOA Model – Example Medical leave of absence – FMLA cert or HCP’s note defines duration as 16 weeks 16 wks. FMLA 12 weeks 12 wks. 8 wks. Paid time off available* *Sick pay, sick bank pay, vacation

Family & Medical Leave Act The act of 1993 allows an eligible EE of a covered employer to take job protected leave for up to a total of 12 work weeks* in any 12 months for:  Employee’s Own Serious Health Condition – MEDICAL  Birth of a Child – MEDICAL  Care of a Family Member – PERSONAL  Adoption & Foster Care - PERSONAL *BPS performs the 12-week calculation by using the rolling 12-month period measured backward from first day of leave event

Eligibility AN EE MUST MEET ALL 4 ELIGIBILITY REQUIREMENTS:  12 Months of Service (does not have to be consecutive)  1250 Actual Hours Worked preceding the date of leave  Exception to 1250 actual hours (teachers must have worked at least one full semester)  Must have FMLA Available to use  Request must be certified by a health care provider

FMLA – Military Family Leave Eligible employees are entitled to up to 12 weeks of job-protected leave because of “any qualifying exigency” arising out of the fact that a spouse, son, daughter, or parent of the employee is on active duty, or has been notified of an impending call to active duty in support of a contingency operation.

Military Leave Entitlement An eligible EE who is the spouse, son, daughter, parent, or next to kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled up to a 26 weeks of leave in a single 12 month period to care for the service member. The 26 weeks is a combined total of all types of FMLA leave.

Questions? Compensation & Benefits Leave Management Team