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Out of Office: Handling Extended Leave

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1 Out of Office: Handling Extended Leave
HR Forum Out of Office: Handling Extended Leave February 17, 2017

2 HR Updates Attendance & Leave Sick Leave Pool Open Enrollment
Ends February 24. Application forms are available on the HR website and will only be accepted during the Open Enrollment window!

3 HR Updates Employee & Labor Relations USPS Performance Evaluations
March 1, 2017: all documents due. Need Help? Online training guides (850)

4 HR Updates Employment & Recruitment Services
Recent Recruiting Enhancements Salary Market Analysis job code quartiles will display on the Job Offer screen. Employee Class added to Job Offer. Valid address required when creating a GA Express record.

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6 Agenda Family Medical Leave Act (FMLA) Faculty Paid Leave Programs
Paid Parental Leave Sabbaticals Leave of Absences Military Leave

7 The Family and Medical Leave Act of 1993 (FMLA) was enacted to help employees reach a balance between family and work responsibilities with as little conflict as possible. The Act was intended to accomplish this balance, while still accommodating the legitimate interests of employers.

8 The Family and Medical Leave Act of 1993
The FMLA requires certain employers, including FSU, to allow eligible employees to take unpaid, job- protected leave for certain family and medical events.

9 Family and Medical Leave Act Entitlement
Eligible employees may take up to 12 workweeks of unpaid leave for the following reasons: Birth and care of a newborn child Adoption or foster care placement of a child Serious health condition of the employee or an immediate family member (parent, child, spouse) “Qualifying Exigency” arising out of an immediate family member’s active duty service or call to active duty in the Armed Forces

10 Family and Medical Leave Act Entitlement
Injured Service Member Leave Eligible employees may take: up to 26 workweeks of unpaid leave in a single 12 month period for the serious illness or injury of a spouse, parent, child, or next of kin incurred while on active military duty for which he or she is undergoing medical treatment, recuperation, therapy, etc.

11 FMLA Eligibility To be FMLA eligible an employee must both:
1. Have worked for FSU for a total of 12 months within the past 7 years. does not have to be consecutive. Breaks in service are not counted as time worked, except for military service. 2. Have physically worked at least 1,250 hours in the 12 month period before the effective date of the FMLA leave request. OPS employees are eligible for FMLA leave if they meet these requirements.

12 Rolling Year Method FSU uses the rolling year method, measured backward, to track FMLA-protected leave. Under this method, each time an employee takes FMLA leave, the remaining leave entitlement would be any balance of the 12 weeks which has not been used during the immediate 12 months. An easy way to understand the rolling backward method is to visualize a conveyor belt and blocks. The conveyor belt represents the 12 month period and the blocks represent the time taken for FMLA leave.

13 Important Points Regarding FMLA

14 FMLA & Using Paid Leave During FMLA leave events, FSU employees are to use accrued leave in conjunction with unpaid FMLA leave. The following types of paid leave can be used: Sick Annual (Vacation) Personal Holiday (USPS) Compensatory (Straight-Time and Overtime)

15 FMLA Protection for Employees
FMLA provides job protection for employees while on leave. It is illegal for the employer to interfere with, restrain, or deny the exercise of any employee’s right provided by FMLA. It is illegal for the employer to discharge or discriminate against any individual for opposing a practice or because of involvement in any proceeding related to FMLA.

16 FMLA Maintenance of Health Benefits
Employers must maintain the same level of group health insurance coverage that was provided before the FMLA leave. Employees must arrange to pay for the employee portion of their benefit premiums while they are out on FMLA leave. Failure to do so may result in the employee’s coverage being suspended until payment is made. For more information, contact the HR Benefits Office at (850)

17 FMLA Return to Work Employees must be returned to:
the same job or an equivalent job. with equivalent pay, benefits, and other terms and conditions of employment. The use of FMLA leave cannot result in the loss of any benefit that the employee earned or was entitled to before using FMLA.

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19 FMLA Supervisor Responsibilities
If an employee requests or you become aware that an employee may have experienced a FMLA qualifying event, FMLA should be submitted. Complete section two of the FMLA/Parental Leave Request and Notice Form and forward to the FMLA Administrator in Human Resources for review within 24 hours. Give employee the FMLA/Parental Leave Health Care Provider Certification to be completed within 15 days of receipt of the FMLA/Parental Leave Notice of Eligibility. Forward required documents to FMLA Administrator in Human Resources for approval.

20 FMLA Supervisor Responsibilities (cont’d)
Forward the Fitness for Duty Statement, if required, to FMLA Administrator in Human Resources upon receipt from the employee. Notify the FMLA Administrator in Human Resources of any changes or required re-certifications during the leave.

21 FMLA Recordkeeping All medical-related FMLA documents, including medical certifications, recertification or medical histories of employees or employees’ family members must be kept confidential. Medical records must be kept in a secure file separate from personnel files. Access should be limited to only those with a need to know.

22 FMLA and Workers’ Compensation
Certain illnesses and injuries could fall under both the FMLA and Workers’ Compensation. Employees may use accrued leave while on unpaid FMLA leave and receiving Workers’ Compensation payments.

23 Unpaid Parental Leave Up to 6 months of unpaid Parental Leave is available for all FSU employees (Faculty, salaried, & OPS) who become either biological or adoptive parents. Foster care is not covered by Parental Leave. Parental Leave can’t begin more than two weeks before the child’s arrival and must end six months after the date of birth. Parental Leave entitlements do not have to be shared by spouses who both work for FSU (FMLA does).

24 FMLA/Unpaid Parental – Time Entry Instructions
Under “Leave/Compensatory Time” FMLA and Parental leave balances can be viewed. The Parental Leave time reporting code is used as a tool to track Parental Leave hours used by an employee and will reflect a negative leave balance since Parental Leave is granted for a 6 month time period rather than for a specific number of hours.

25 FMLA/Unpaid Parental – Time Entry Instructions (cont’d)
FMLAT (Family Medical Leave Taken) time reporter code must be reported with a corresponding leave code: Sick, Annual, Compensatory, Personal Holiday, Leave Without Pay. FMLAT (Family Medical Leave Taken) time reporter code must be reported with a corresponding override reason code.

26 FMLA/Unpaid Parental – Time Entry Instructions (cont’d)

27 FMLA/Unpaid Parental – Time Entry Instructions (cont’d)
The appropriate FMLA override reason code is required for all FMLA time entry. FMADP – FMLA adoption of a child FMBTH – FMLA birth of a child FMFOS – FMLA foster care of a child FMSIC – FMLA serious illness of a child FMSIE – FMLA serious illness of the employee FMSIP – FMLA serious illness of a parent FMSIS – FMLA serious illness of a spouse FMLQE – FMLA for a qualifying exigency

28 FMLA/Unpaid Parental Leave – Key Tips for Employees
Request FMLA 30 days before the start of the leave for all foreseeable qualifying events or as soon as practical (within 2 business days for events that are not foreseeable). Discuss your accrued paid leave options with your supervisor before beginning your leave. Contact your HR Benefits Representative, , to discuss payment options for your portion of benefit premiums while you are out. Ensure that your health care provider completes the Health Care Provider Certification. At the end of your leave, you may be required to present a Fitness for Duty Certification from your health care provider. If your return date changes, let your supervisor know within 2 days of your original return date, if possible. -Such as birth, scheduled surgery, adoption/foster care placement -How will your accrued leave be reported on your timesheet while on FMLA? Will you have enough hours to cover the duration of your leave? -What are the minimum number of hours that are needed to retain your benefits? Are there certain deductions that can be temporarily stopped while on leave? -Note that your leave is only tentatively designated as FMLA/Parental Leave-protected until your health care provider certification is completed and returned. -The Fitness for Duty Certification is need prior to your return to work in any capacity. -Return to work date changes, inform your supervisor within 2 business days when possible, this helps to ensure that the department is prepared for your return and the

29 FMLA/Unpaid Parental Leave – Key Tips for Departments
If an employee requests or you become aware that an employee may have experienced a FMLA qualifying event, proactively submit FMLA paperwork. Complete the FMLA/Parental Leave Request and Notice Form and forward to the FMLA Administrator in Human Resources for review within 24 hours. Notify the FMLA Administrator in Human Resources of any changes or required re- certifications during the leave. Enter the employee’s leave on their timesheet each pay period using the FMLA time reporter code (FMLAT and PARLV) and the appropriate override reason code after the FMLA/Parental Leave hours accrue. Once the employee returns to work, send a copy of the Fitness for Duty Certification to FMLA Administrator, if one is required.

30 FMLA Resources and Tools
FMLA Administrator – (850) Human Resources Website - FMLA Checklist for Departments and Supervisors - FMLA Checklist for Employees - FMLA Time Entry Instructions - U.S. Department of Labor Website -

31 Faculty Paid Leave Programs

32 Paid Parental Leave (Faculty)
Available to E&G funded faculty and some C&G funded faculty depending on the terms of the contract or grant, and the rules of the funding agency. Must have active funding while out on leave. Leave cannot exceed 6 months and shall not relieve a faculty member of teaching and service assignments for more than 1 semester. Faculty paid parental leave is available to E&G funded faculty and some C&G funded faculty depending on the terms of the contract or grant, and the rules of the funding agency. The faculty member must have active funding and give 3 months notification to the department. Paid parental leave cannot exceed 6 months.

33 Paid Parental Leave (Faculty)
Must start within 1 year of the birth or adoption. Paid Parental Leave cannot be used directly before or after other leaves or Sabbaticals. Leave will not be granted to two faculty members for the same child and can only be used once in the course of a faculty member’s employment. Paid Parental Leave must start within 1 year of the birth or adoption, and can not be used directly before or after other leaves or Sabbaticals. Additionally, leave will not be granted to two faculty members for the same child and can only be utilized once in the course of a faculty member’s employment.

34 Paid Parental Leave (Faculty)
Must commit to return to the University for at least one year. Upon separation from the University, hours used will be deducted from the remaining leave balances, applying sick leave first. The faculty member must commit to return to FSU for at least one year. If the faculty member does not return to FSU for at least one year, they may be financially liable for the parental leave taken in excess of their personal leave balances. Upon separation from FSU, paid parental leave hours used will be deducted from the faculty member’s leave balances, applying sick leave first.

35 Paid Parental Leave (Faculty)
Central HR Department SRA FDA The Paid Parental Leave Request and Agreement form is processed by Central HR. The Office of Faculty Development and Advancement reviews and signs off and routes the form to Central HR for processing. FDA will provide a copy to the department for record purposes. Prior to sending to FDA, the department will need to garner the appropriate signatures, including SRA for C&G faculty only. Teaching Replacement costs are limited to E&G funded faulty members only will not exceed $4,000 per course for 3 classes.

36 Paid Parental Leave (Faculty) – Key Tips for Employees
Provide department with 3 months notification before leave begins. Ensure they will be returning to the University for 1 academic year following the conclusion of the leave. Verify completed and approved form was received by the Office of Human Resources. Reduce to writing any agreements outside of the general Paid Parental Leave provisions. Document contract hours and leave hours for part-time Paid Parental Leave only.

37 Paid Parental Leave (Faculty) – Key Tips for Departments
Submit completed form to the Office of Faculty Development & Advancement (FDA). Participation in this benefit is contingent upon final approval by FDA. Assist faculty members with understanding the Paid Parental Leave provisions and timesheet entry, if applicable. Verify on Cost Center Report that payroll wages are being paid under the correct Earnings Code – PRL. Work with the Budget Office if requesting teaching replacement costs.

38 Sabbatical / Professional Development Leave (Faculty)
Sabbatical and Professional Development Leaves are awarded by the University through an application and selection process. Sabbatical = Tenured & Tenure-earning Faculty Professional Development Leave = Specialized Faculty

39 Sabbatical / Professional Development Leave (Faculty)
Types Full Pay for 1 semester Half Pay for 2 semesters Departments must submit a Personnel Action Form (pPAF) placing the faculty on leave. Faculty members must return to the University for at least 1 academic year following the leave period.

40 Sabbatical / Professional Development Leave (Faculty)
Faculty members may request a Leave of Absence for Professional reasons outside of the University approved Sabbatical / Professional Development Leave program. These are considered an UNPAID PERSONAL LEAVE OF ABSENCE.

41 Paid Faculty Leave Contacts
Christine Conley – Attendance & Leave Rebecca Peterson – Faculty Relations Kacy Ellis – Attendance & Leave Faculty Development & Advancement Attendance and Leave Section Contacts

42 Leave of Absence

43 Types of Leaves of Absence
Leave Type Pay Status Full-time Personal Unpaid Full-time Medical Unpaid & Paid using accrued leave Part-time Personal Paid-FTE Reduction  Part-time Medical Paid-FTE Reduction

44 How do employees request a Leave of Absence?
Notify the supervisor and complete form. Determine type of leave needed in advance. Employee must have reasonable justification or need for absence. Seek Departmental Approval. Await Final Approval from Assistant Vice President of HR. Contact Benefits Office.

45 Returning to Work Personal Leave (FT unpaid or PT paid)
Submit a pPAF with new funding and/or increased FTE Medical Leave (FT unpaid/paid or PT paid) Submit Medical Clearance from Physician Submit a pPAF with new funding and/or increased FTE

46 Leave of Absence – Key Tips for Employees
Research and request your Leave of Absence in advance (recommended 30 days prior). Know the difference between paid and unpaid. Understand the expectations for any possible Time Entry and responsibilities for your Benefits. Be aware of your return date.

47 Leave of Absence – Key Tips for Department
Work with the employee to establish the best course of action for both parties. Understand any possible expectations for Time Entry. Be aware of the employee’s return date. Are they able to return? If yes, have you submitted a pPAF to return them?

48 Leave of Absences Resources
University Policy Leave of Absence form Questions? Jonathan Banks, at (850)

49 Military Leave

50 Active Duty An employee who volunteers for active military service or is ordered to active duty in connection with reserve activity other than short term will be granted a leave of absence from an assigned position for the duration of the required active duty service. Long Term 1st 30 days Paid Supplement Pay – if military pay is less than FSY pay Use of Accrued Leave – Personal Holiday, Comp Leave, or Vacation

51 Active Duty Protection
Uniformed Services Employment and Reemployment Rights Act (USSERA) of 1994 – Federal law that establishes rights and responsibilities for service member and their civilian employers. Seniority Rights Performance Ratings Promotional Status Position/Class Location Benefits

52 Military Training An employee who is a member of the United States Armed Forces Reserve, including National Guard, will be granted administrative leave up to the required maximums during periods in which the employee is ordered to active or inactive duty for training. Short Term 240 hours per fiscal year (July 1 – June 30)

53 Requesting Military Leave
Active Duty – Reference Checklist Employee provide orders to Supervisor & Department Department will submit to HR Contact your Benefits Specialist Notice of Leave of Absence Training Employee provides orders to Supervisor & Department

54 Reporting Military Leave
Time Reporting Code Description MLC30 - Military Leave for Days 1-30 of Active Duty First 30 calendar days of active duty for 9 or 10 Month Faculty. MLH30 - Military Leave for Days 1-30 of Active Duty First 30 calendar days of active duty for 12 Month Faculty, A&P, and USPS employees. MLTCP - Military Leave Supplement: Effective 31st Day of Active Duty Authorized supplemental pay for 9 or 10 Month Faculty when FSU salary is greater than military pay. MLTHP - Military Leave Supplement: Effective 31st Day of Active Duty 12 Month Faculty Authorized supplemental pay for 12 Month Faculty, A&P, and USPS employees when FSU salary is greater than military pay. MLWCP - Military Leave without Pay (Active Duty) Effective 31st day of active duty when FSU salary is less than military pay for 9 or 10 Month Faculty. MLWHP - Military Leave without Pay (Active Duty) Effective 31st day of active duty when FSU salary is less than military pay for 12 Month Faculty, A&P, and USPS employees. NATCP - Military Training Duty Training hours (both active duty & inactive duty) for 9 or 10 month faculty. Can be reported for a maximum of 240 hours per fiscal year (July 1 – June 30). NATHP - Military Training Duty Training hours (both active duty & inactive duty) for 12 Month Faculty, A&P, and USPS employees. Can be reported for a maximum of 240 hours per fiscal year (July 1 – June 30).

55 Returning to Work (Active Duty only)
Less than 31 Days 31 to 180 days 181 days or more Travel home/8 Hour Rest Period No later than 14 days No later than 90 days Provide HR a copy of DD Form 214 or Official Release Orders. Contact Benefits to re-establish benefits.

56 Military Leave – Key Tips for Employees
Provide copy of orders to Department. Military Training – 240 hours per fiscal year (7/1-6/30) Active Duty – 1st 30 days paid Understand the expectations for any possible time entry and responsibilities for your benefits. Be aware of your return date. Provide DD Form 214 to return.

57 Military Leave – Key Tips for Department
Provide a copy of orders to HR. Understand any possible expectations for time entry. Be aware of the employee’s return date. Are they able to return? If yes, have they submitted release orders and/or DD Form 214?

58 Military Leave Resources
University Policy Employee Military Leave Checklist Department Military Leave Checklist USSERA (Uniformed Services Employment and Reemployment Rights Act) Dept. of Labor – Know Your Rights Questions? Jonathan Banks, at (850)

59 Strategies for Managing Workloads
Hire OPS help or request a temporary overlap (if budget permits). Evaluate reduced work and/or telecommuting arrangements. Redistribute workload amongst other department employees.

60 Questions?

61 Up Next March HR Forum: Working with You is Killing Me Wednesday, March 22 (8:30 am) April: Spring Department Representative Meeting TBD

62 One-on-One Questions Section Representative Attendance & Leave
Jonathan Banks Benefits Mike Horgan Compensation Services Shelley McLaughlin Diversity & Inclusion Amber Wagner Employee & Labor Relations Julie Ritter Employee Data Management Abigail Lejeune Employment & Recruitment Services Amy Espinosa Equal Opportunity & Compliance Facilities HR Shiffany Rawls Faculty Relations Rebecca Peterson Training & Organizational Development Sandra Dixon


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