1. NYC Dept. of Education Leaves of Absence School Secretary Professional Development Day 2010 1

2. What you can expect  This presentation will: Provide updates Clarify policies Offer tips to streamline application processing  This presentation will: Provide updates Clarify policies Offer tips to streamline application processing 2

3. On the Agenda  Line of Duty Injury (LODI)  Sabbaticals  Family & Medical Leave Act (FMLA)  Administrative Staff Leaves  Return from Leaves  Principal’s Responsibility  Timekeeping  Q&A  Line of Duty Injury (LODI)  Sabbaticals  Family & Medical Leave Act (FMLA)  Administrative Staff Leaves  Return from Leaves  Principal’s Responsibility  Timekeeping  Q&A 3

4. Line of Duty Injury 4

5. What is LODI?  Line of Duty Injury  Accident or incident while employee is working  Applies to licensed pedagogue (plus UFT educational paraprofessionals and DC37 family paraprofessionals/school aides in the case of assault)  For other titles, file C2 form for Worker’s Compensation online at Dept. of Labor website  Line of Duty Injury  Accident or incident while employee is working  Applies to licensed pedagogue (plus UFT educational paraprofessionals and DC37 family paraprofessionals/school aides in the case of assault)  For other titles, file C2 form for Worker’s Compensation online at Dept. of Labor website 5

6. Roles in the LODI Process  Employee  Payroll Secretary  Principal  Superintendent  Leaves Admin Office  Employee  Payroll Secretary  Principal  Superintendent  Leaves Admin Office 6

7. The Employee Should…  Report the incident within 24 hours  Complete and sign the written statement  Sign and date the Comprehensive Injury Report (CIR) Fact Sheet  Obtain medical documentation from their physician on the OP198 or OP407  Complete the Assignment form OP 200  Report the incident within 24 hours  Complete and sign the written statement  Sign and date the Comprehensive Injury Report (CIR) Fact Sheet  Obtain medical documentation from their physician on the OP198 or OP407  Complete the Assignment form OP 200 7

8. Payroll Secretary/OORS Administrator Role  Enter the 46PLD in EIS timekeeping screen(s) (9.1.1 or 9.2.1)  Log the incident in Online Occurrence Reporting System (OORS)  Download the reports from OORS  Ensure the written statement is complete and signed  Complete an OP 198 and ensure the principal signs the form  Ensure that the employee returns the OP 200 signed and notarized, and that it is placed in the employee’s file  Send all Comprehensive Injury Report (CIR) forms, along with the principal’s recommendation, to the superintendent for a signed determination  Ensure that the superintendent returns the CIR-Fact Sheet with their signed determination  Gather OP 198, Comprehensive Injury Report, and the written statement, and forward to the HR Connect Leaves Administration for processing  LODI that does not result in an absence should be filed at the school  Enter the 46PLD in EIS timekeeping screen(s) (9.1.1 or 9.2.1)  Log the incident in Online Occurrence Reporting System (OORS)  Download the reports from OORS  Ensure the written statement is complete and signed  Complete an OP 198 and ensure the principal signs the form  Ensure that the employee returns the OP 200 signed and notarized, and that it is placed in the employee’s file  Send all Comprehensive Injury Report (CIR) forms, along with the principal’s recommendation, to the superintendent for a signed determination  Ensure that the superintendent returns the CIR-Fact Sheet with their signed determination  Gather OP 198, Comprehensive Injury Report, and the written statement, and forward to the HR Connect Leaves Administration for processing  LODI that does not result in an absence should be filed at the school 8

9. The Principal’s Role  Investigate the incident  Provide recommendation to the superintendent within 24 hours  Investigate the incident  Provide recommendation to the superintendent within 24 hours 9

10. Superintendent’s role  Sign and indicate a determination on the Comprehensive Injury Report-Fact Sheet  Return report to school within 5 days  Sign and indicate a determination on the Comprehensive Injury Report-Fact Sheet  Return report to school within 5 days 10

11. Leaves Admin Office Role  Process the application  Log determination in EIS medical screen  Send approval/denial, letter and OP198 back to the school and employee  Process the application  Log determination in EIS medical screen  Send approval/denial, letter and OP198 back to the school and employee 11

12. Common Delays  Principal’s determination missing on OP198 for short- term LODI  Superintendent’s signature and/or determination missing  Principal’s determination missing on OP198 for short- term LODI  Superintendent’s signature and/or determination missing 12

13. Short-Term LODI Considerations  LODI that does not result in an absence should be completed and signed by the superintendent and kept at the school  The principal has the authority to approve leaves of 10 days or less resulting from LODI  However, in cases where principals have concerns, these cases will be subject to review by the Medical Administration Office.  LODI that does not result in an absence should be completed and signed by the superintendent and kept at the school  The principal has the authority to approve leaves of 10 days or less resulting from LODI  However, in cases where principals have concerns, these cases will be subject to review by the Medical Administration Office. 13

14. Sabbatical Leaves for Study or Restoration of Health 14

15. What is a Sabbatical?  Paid leave intended to give the pedagogical employee an opportunity to return as a stronger asset to DOE  Two main types of sabbaticals Study Restoration of Health  Eligibility requirements are based on years of service, types of service credited, prior sabbatical leave charged against entitlement, and service required immediately prior to sabbatical leave  Paid leave intended to give the pedagogical employee an opportunity to return as a stronger asset to DOE  Two main types of sabbaticals Study Restoration of Health  Eligibility requirements are based on years of service, types of service credited, prior sabbatical leave charged against entitlement, and service required immediately prior to sabbatical leave 15

16. Roles in the Sabbatical Leave process  Employee  Principal  Payroll Secretary  Superintendent  Leaves Administration Office  Employee  Principal  Payroll Secretary  Superintendent  Leaves Administration Office 16

17. The Employee’s Role  Complete OP8 and statement by applicant for UFT Sabbatical leave of absence (attachment #4)  Complete OP407 (health only)  Provide principal with prescribed coursework (study only) and OP8 for approval Note: Online coursework is not acceptable  Send application to the HR Connect Leaves Administration Office after obtaining principal and superintendent signature  Complete Addendum form to study sabbatical application and obtain superintendent’s signature if coursework changes  At the conclusion of Study Sabbatical, send official transcripts to the HR Connect Leaves Administration Office  Employee must return to service to fulfill sabbatical return requirements  Complete OP8 and statement by applicant for UFT Sabbatical leave of absence (attachment #4)  Complete OP407 (health only)  Provide principal with prescribed coursework (study only) and OP8 for approval Note: Online coursework is not acceptable  Send application to the HR Connect Leaves Administration Office after obtaining principal and superintendent signature  Complete Addendum form to study sabbatical application and obtain superintendent’s signature if coursework changes  At the conclusion of Study Sabbatical, send official transcripts to the HR Connect Leaves Administration Office  Employee must return to service to fulfill sabbatical return requirements 17

18. The Principal’s Role  Sign to indicate approval decision (study only) or acknowledge receipt of the application (health)  Forward OP8 to Superintendent  Sign to indicate approval decision (study only) or acknowledge receipt of the application (health)  Forward OP8 to Superintendent 18

19. Payroll Secretary  Work with the principal to ensure that paperwork is submitted to the superintendent  Ensure timekeeping is up-to-date  Advise employees regarding the consequences for failure to return from sabbatical leave  Work with the principal to ensure that paperwork is submitted to the superintendent  Ensure timekeeping is up-to-date  Advise employees regarding the consequences for failure to return from sabbatical leave 19

20. Superintendent’s role  Review coursework (study sabbatical only)  Ensure that coursework is taken during business hours  Sign and indicate a determination  Return application to the school if denied  Forward approved applications to the HR Connect Leaves Administration Office  Review coursework (study sabbatical only)  Ensure that coursework is taken during business hours  Sign and indicate a determination  Return application to the school if denied  Forward approved applications to the HR Connect Leaves Administration Office 20

21. Leaves Admin Office Role  Process the application  Enter transaction in NYCAPS  Send approval/denial letter back to the school and employee  Validate coursework at conclusion of study sabbatical  Process the application  Enter transaction in NYCAPS  Send approval/denial letter back to the school and employee  Validate coursework at conclusion of study sabbatical 21

22. Common Delays  Statement by applicant for UFT Sabbatical leave of absence (attachment #4) missing  Superintendent signature missing  Timekeeping not up-to-date for less than 6 month health sabbatical  Study sabbatical applications that arrive after the due date  Statement by applicant for UFT Sabbatical leave of absence (attachment #4) missing  Superintendent signature missing  Timekeeping not up-to-date for less than 6 month health sabbatical  Study sabbatical applications that arrive after the due date 22

23. Other Sabbatical Considerations  Final approval of sabbaticals is NOT complete until the Leaves Administration office has administratively approved the leave  Study Sabbaticals that involve travel are not approved  It is very important that the submission happens in a timely fashion  Final approval of sabbaticals is NOT complete until the Leaves Administration office has administratively approved the leave  Study Sabbaticals that involve travel are not approved  It is very important that the submission happens in a timely fashion 23

24. Family and Medical Leave Act 24

25. What is FMLA?  Family & Medical Leave Act (federal law)  Secures job and benefits while out for qualifying family or medical reasons  Eligible employees are entitled to 12 weeks per 12 month period  Family & Medical Leave Act (federal law)  Secures job and benefits while out for qualifying family or medical reasons  Eligible employees are entitled to 12 weeks per 12 month period 25

26. FMLA Eligibility  Must be an active employee for a minimum of 12 months of city service prior to the leave OR  Must have worked a minimum of 1250 hours (city service) in the immediate 12 months prior to the leave  Must be an active employee for a minimum of 12 months of city service prior to the leave OR  Must have worked a minimum of 1250 hours (city service) in the immediate 12 months prior to the leave 26

27. FMLA Qualifying Events  Maternity  Child Care New baby Adoption Foster Care  Care of a seriously ill spouse, parent or child  Restoration of Health (Own serious health condition)  Maternity  Child Care New baby Adoption Foster Care  Care of a seriously ill spouse, parent or child  Restoration of Health (Own serious health condition) 27

28. Roles in the FMLA Leave process  Employee  Principal  Payroll Secretary  Leaves Administration Office  Employee  Principal  Payroll Secretary  Leaves Administration Office 28

29. The Employee’s Role  Complete application  Work with Payroll Secretary to understand the breakdown (paid/unpaid) of their leave  Submit completed, signed application and supporting docs to the HR Connect Leaves Administration Office  Complete application  Work with Payroll Secretary to understand the breakdown (paid/unpaid) of their leave  Submit completed, signed application and supporting docs to the HR Connect Leaves Administration Office 29

30. The Principal’s Role  Sign all forms 30

31. Payroll Secretary  Ensure timekeeping is up-to- date  Complete OP198 if applicable  Work with employee to help them understand the breakdown of their leave (paid/unpaid)  Ensure timekeeping is up-to- date  Complete OP198 if applicable  Work with employee to help them understand the breakdown of their leave (paid/unpaid) 31

32. Leaves Admin Office Role  Process the application  Enter transaction in NYCAPS  Send approval/denial letter to the school and employee  Process the application  Enter transaction in NYCAPS  Send approval/denial letter to the school and employee 32

33. Common Delays  Misunderstanding "paid" and "unpaid" FMLA and when the 12-week count begins  Using old FMLA application which does not indicate "Date Employee Comes Off Payroll"  Submission of applications for employees who are not eligible  Misunderstanding "paid" and "unpaid" FMLA and when the 12-week count begins  Using old FMLA application which does not indicate "Date Employee Comes Off Payroll"  Submission of applications for employees who are not eligible 33

34. Other FMLA Considerations  Paid and unpaid both count towards FMLA  SLOAC Entitlements  Paid and unpaid both count towards FMLA  SLOAC Entitlements 34

35. Restoration of Health Example FMLA (Paid) FMLA (Unpaid) SLOAC (Unpaid) - if applicable Sick (Unpaid) 8 weeks Accrued Leave 12 weeks (Paid and Unpaid FMLA) 12 weeks Start of Leave End of Leave Remainder of Leave Start of COBRA Start of SLOAC 4 weeks 35

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37. Employee Role  If the employee wants to extend or apply for a new leave: Complete application  PD6 for health  FMLA  Letter of Request for child care or other non-medical leave Provide documentation (for example, copy of birth certificate or footprints for child care leave) Obtain supervisor approval and signature  If the employee wants to extend or apply for a new leave: Complete application  PD6 for health  FMLA  Letter of Request for child care or other non-medical leave Provide documentation (for example, copy of birth certificate or footprints for child care leave) Obtain supervisor approval and signature 37

38. Leaves Administration Role  Process application  Send approval/denial to supervisor and employee  Enter leave of absence in NYCAPS  Return applicant from leave of absence in NYCAPS 38

39. Returning from a Leave of Absence 39

40. Return From Leave Tracking System (LTS)  Tracks employees’ intentions upon expiration of their leave  Helps schools and CFNs to make budgeting and hiring decisions for the coming school year  Tracks employees’ intentions upon expiration of their leave  Helps schools and CFNs to make budgeting and hiring decisions for the coming school year 40

41. Roles in the Return from Leave process  Employee  Payroll Secretary  Principal  Leaves Administration Office  Employee  Payroll Secretary  Principal  Leaves Administration Office 41

42. The Employee’s Role  Log in to the Leave Tracking System  Enter intention  Call school  Other actions as required (depending on the employee’s intention)  For technical support call HR Connect  Log in to the Leave Tracking System  Enter intention  Call school  Other actions as required (depending on the employee’s intention)  For technical support call HR Connect 42

43. Payroll Secretary  Review report  Work with principal to discuss who is coming back and who is not  Email LRSSupport@schools.nyc.gov if you need a user account LRSSupport@schools.nyc.gov  Review report  Work with principal to discuss who is coming back and who is not  Email LRSSupport@schools.nyc.gov if you need a user account LRSSupport@schools.nyc.gov 43

44. Principal Role  Principal validates return  Creates job ID for return Returns 44

45. Leaves Admin Office Role  If the employee wants to extend or apply for a new leave: Process the application Enter transaction in NYCAPS Send approval/denial letter to the school and employee  If the employee wants to extend or apply for a new leave: Process the application Enter transaction in NYCAPS Send approval/denial letter to the school and employee 45

46. Common Delays  Employee fails to enter intention  Employee does not submit leave application and supporting documentation after submitting their intention in the Leave Tracking System  Employee fails to enter intention  Employee does not submit leave application and supporting documentation after submitting their intention in the Leave Tracking System 46

47. Additional Information for Principals 47

48. Other Considerations for Principals  Replacement strategy for employees—substitutes must be used to replace a person on a leave for less than one year  We are now accepting email signatures  Replacement strategy for employees—substitutes must be used to replace a person on a leave for less than one year  We are now accepting email signatures 48

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50. Maternity  From date of birth up to six weeks (8 weeks cesarean)  May borrow up to 20 CAR days if CAR balance has been exhausted, but not beyond the 6 or 8 week maternity leave  Entitled to one calendar month of Grace Period per school year; must be used during 6 or 8 week maternity leave  Employee must return to work after the 6 or 8 weeks or apply for a leave of absence without pay for child care  Admin employees can use annual time during child care leave  From date of birth up to six weeks (8 weeks cesarean)  May borrow up to 20 CAR days if CAR balance has been exhausted, but not beyond the 6 or 8 week maternity leave  Entitled to one calendar month of Grace Period per school year; must be used during 6 or 8 week maternity leave  Employee must return to work after the 6 or 8 weeks or apply for a leave of absence without pay for child care  Admin employees can use annual time during child care leave 50

51. Maternity – Case Studies  The 23 CAR days used prior to DOB were medically certified  No paid option after maternity 1 st Day Absent:01/05/2009Baby DOB:02/06/2009 Teacher+ 47 CAR Balance6 Weeks03/19/2009 Borrow20 CAR Grace Period30 Calendar daysFMLA Entitlement ends: 03/29/2009 12 weeks Commencement date of Leave: What date goes on the FMLA application? Probable date of return: When did the teacher go off payroll? Benefits are automated for pedagogical employee in NYCAPS Unpaid FMLA03/20/2009 SLOACNot entitled during child care 01/05/2009 01/05/2009 to 3/29/2009 03/30/2009 03/20/2009 51

52. Restoration of Health  Must exhaust Cumulative Absence Reserve (CAR) days  May borrow up to 20 CAR days if CAR days have been exhausted  Entitled to one calendar month of Grace Period per school year  After exhausting timekeeping options, teacher must return to work or apply for a leave of absence for restoration of health leave without pay  Must exhaust Cumulative Absence Reserve (CAR) days  May borrow up to 20 CAR days if CAR days have been exhausted  Entitled to one calendar month of Grace Period per school year  After exhausting timekeeping options, teacher must return to work or apply for a leave of absence for restoration of health leave without pay 52

53. Restoration of Health-Case Studies 1 st Day Absent:11/03/08 Teacher+ 24 Car Balance Borrow- 06 Car Days Grace Period30 Calendar Days FMLA Entitlement ends:01/25/2009 Probable date of return05/18/2009  What is the duration of FMLA entitlement? From: TO:  What date did the teacher go off payroll?  SLOAC runs concurrently with unpaid FMLA  FMLA unpaid 01/17/2009 – 01/25/2009  SLOAC01/17/2009 – 05/17/2009 11/3/200801/25/2009 01/17/2009 53

54. Leaves Distribution Worksheet Case # _1-12345678_____________Leave Type _Restoration of Health_________ Employee EIS#_01234567_________EIS  NYCAPS  Requested LeaveStart date:11/03/2008End date:05/17/2009 Approved Leave (W/O PAY)Start date:01/17/2009End date:05/17/2009 Leave typeStart dateEnd dateTotal number of school days/weeks HRIS code CAR (EIS) 11/03/0812/08/0824 Annual/Sick Usage (NYCAPS) Borrowed days 12/09/0812/16/0806 Grace Period 12/17/0801/16/0915 Paid FMLA 11/03/0801/16/2009 Unpaid FMLA 01/17/200901/25/2009 SLOAC 01/17/200905/17/2009 54

55. Line of Duty Injury (LODI)  If LODI is pending a medical determination Determine the number of days in CAR or sick bank Add a reserve of 20 days (borrowed) To that total add up to one calendar month of absence (grace period)  If LODI is pending a medical determination Determine the number of days in CAR or sick bank Add a reserve of 20 days (borrowed) To that total add up to one calendar month of absence (grace period) 55

56. Line of Duty Injury – Case Studies Date of accident:11/03/2008 Teacher+ 30 CAR Balance12/17/2008 Borrow- 20 CAR01/26/2009 Grace Period30 Calendar days02/25/2009 What date should the teacher put on the OP 160? Benefits are automated for pedagogical employee in NYCAPS 02/26/2009 to 06/26/2009  Absences should be coded as 46PLD.  If LODI is pending medical review beyond CAR balance, the payroll secretary should calculate CAR, Borrowed and Grace Period and stop direct deposit before Grace Period begins. Checks should be returned. 02/26/2009 56

57. Leaves Distribution Worksheet Case # ______________Leave Type __________ Employee #__________EIS  NYCAPS  Requested LeaveStart date:End date: Approved Leave (W/O PAY)Start date:End date: Leave typeStart dateEnd dateTotal number of school days/weeks HRIS code CAR (EIS) Annual/Sick Usage (NYCAPS) Borrowed days Grace Period Paid FMLA Unpaid FMLA SLOAC 57

58. Helpful Hints  Direct deposit should be stopped when grace period (46GRN) is to be entered  Understand Grace Period codes  Clearly enter time usage on the OP198 form when applicable (CAR, borrowed and grace)  Follow-up with employees who do not return from leave to ensure leave extension or separation from service options are taken  Direct deposit should be stopped when grace period (46GRN) is to be entered  Understand Grace Period codes  Clearly enter time usage on the OP198 form when applicable (CAR, borrowed and grace)  Follow-up with employees who do not return from leave to ensure leave extension or separation from service options are taken 58

59. For more information…  Contact HR Connect Phone (718) 935-4000 Fax (718) 935-4350  Visit the DHR website http://schools.nyc.gov/Offices/DHR http://schools.nyc.gov/Offices/DHR  Consult your local CFN 59