1. Leave Management June 17, 2014 Presented by:
Jackie Swaro, Benefits Administrator – Team Lead
Jill Scanlon, Senior HR Solutions Partner

2. Learning Objectives
Review leave and benefit programs for State Classified, Faculty and Administrative Professional employees.

3. State Classified/Admin Pro/Faculty
Types of Leave
State Classified/Admin Pro/Faculty
Annual Leave
Sick Leave
Family Medical Leave (FMLA)
Worker’s Compensation/Injury Leave
USERRA - Military Training and Military Service Leave
Victim Protection Leave

4. Types of Leave State Classified Short Term Disability (STD) Leave
Admin Pro/Faculty
Parental Leave
Sick Leave Advance

5. Confidentiality of Medical Information
Employee medical information confidential under the:
ADA (Americans with Disabilities Act of 1990)
FMLA (Family and Medical Leave Act of 1993)
HIPAA (Health Insurance Portability and Accountability Act of 1996)
Direct supervisors should not contact healthcare providers
Maintain medical information in separate files
Disclose medical information only to those who have a business need to know

6. Annual Leave

7. Faculty / Admin Pro and State Classified
Use of Annual Leave
Faculty / Admin Pro and State Classified
Provided for employee’s personal needs
Typically requested in advance
Approved by supervisor/manager
Leave transfers with employees to new department if new position is leave eligible
Paid out (up to a pre-determined maximum) upon separation
--Mention leave transfer for SC  AP conversions

8. (12-Month Employees Only)
Leave Accruals
Faculty/Admin Pro
Annual Leave
(12-Month Employees Only)
2 days/Month – 48 day Max
Note: Part-time employees who work regular, non- fluctuating schedules earn a pro-rated amount of leave based on their regular work schedules.

9. Leave Accruals Upon separation:
After six (6) months of employment, the employee's accrued annual leave is paid for up to a maximum of twenty-four (24) days upon separation
Except in case of death, the maximum number of days is 24 minus the number of days of AL taken during the thirty (30) working days immediately prior to the date of separation

10. Governed by the State Personnel Board Rules, Chapter 5
Leave Accruals
State Classified
Annual Leave
Forfeiture of leave over maximum accrual occurs July 1 each year
Upon termination or death, unused leave paid out up to the maximum accrual rate
Governed by the State Personnel Board Rules, Chapter 5
Years 1 - 5
8 Hours
192 Max Hours
Years 6 – 10
10 Hours
240 Max Hours
Years 10 – 15
12 Hours
288 Max Hours
Years 16+
14 Hours
336 Max Hours

11. Sick Leave

12. Faculty / Admin Pro and State Classified
Use of Sick Leave
Faculty / Admin Pro and State Classified
Provides time off for health reasons including:
Preventative exams/office visits
Treatments
Recovery
Periodic illness
--Mention leave transfer for SC  AP conversions

13. Leave Accruals – Faculty/Admin Pro
Sick Leave
(Regular or Special)
1.25 days/Month – No Max
Absences of greater than 3 days may require medical documentation
480 hours annually can be used for each of the following:
Illness or medical treatment of an member of their immediate family for whom the individual has responsibility to provide care
Care for a newborn or a child newly placed for adoption or foster care
Note: Part-time employees who work regular, non- fluctuating schedules earn a pro-rated amount of leave based on their regular work schedules.
Question: do we need to outline 480 hrs if we cover under FMLA?
AFAP – coverage for domestic partner or civil union partner
Coverage for newborns – for male and female employees
AFAP/SC - Documentation can be required for lesser absence in certain circumstances

14. Years 1+ = 6.66 hrs/Month – 360 hrs Max
Leave Accruals – State Classified
Sick Leave
Governed by the State Personnel Board Rules, Chapter 5
Years 1+ = 6.66 hrs/Month – 360 hrs Max
Can be used for employee’s child, parent, spouse, legal dependent, or a person in the household for whom the employee is the primary caregiver
After more than three days of absence, a State of Colorado Medical Certification form must be provided
Note: Part-time employees who work regular, non- fluctuating schedules earn a pro-rated amount of leave based on their regular work schedules.
AFAP – coverage for domestic partner or civil union partner
Coverage for newborns – for male and female employees
AFAP/SC - Documentation can be required for lesser absence in certain circumstances

15. Sick Leave Advance – Faculty/Admin Pro
All newly benefits eligible Faculty or Admin Pros are given an advance of the sick leave they would accrue during their first year in a benefit eligible status
For example, a 9-month, Regular Faculty hired January 1, 2014 at 100% would receive an advance of 90 hours
Only sick leave, not annual leave is advanced

16. Short Term Disability

17. Short Term Disability Faculty / Admin Pro
Monthly Premium
No cost to the employee
Elimination Period
10 Continuous Working Days of absence or when all sick and annual leave is exhausted, whichever is later
Income Replacement
100% of Covered Monthly Salary
Maximum Benefit Period
60 Working Days
Eligibility Date
Date of Hire
Employee is eligible as of date of hire
Disability period runs concurrent with the elimination period, sick leave and annual leave
Part-Time employees are eligible, but the 60 work day maximum benefit period is not extended
Coverage for employees absent from work on the effective date of coverage will be deferred until the employee commences or resumes active work

18. Short Term Disability Benefit
State Classified
Monthly Premium
No cost to the employee
Elimination Period
30 Calendar Days
Income Replacement
60% of Pre-Disability Income
Maximum Benefit Period
180 Calendar Days (Includes elimination period)
Eligibility Date
Date of Hire
All sick leave must be exhausted before receiving Short Term Disability benefits (within or beyond the 30 day elimination period)
Annual leave must be used until calendar day 30, if sick leave is exhausted
Note: Annual leave may be used beyond the 30 day elimination period to receive 100% pay in lieu of 60% Short Term Disability income replacement benefit

19. Short Term Disability Leave
State Classified
STD Leave and eligibility:
1 year of service
Submission of STD application within 30 days of absence (and approved)
Job protection for up to 6 months

20. Parental Leave

21. Parental Leave
Faculty / Admin Pro
Benefits = three weeks of pay within the 12 months following birth or adoption for either parent.
--Mention leave transfer for SC  AP conversions

22. Long Term Disability

23. Long Term Disability Faculty / Admin Pro
Offset by other income benefits including Social Security, Worker’s Compensation, disability benefits payable under any employer group insurance, retirement benefits or paid leave
Monthly Premium
No cost to the employee
Elimination Period
90 Calendar Days
Income Replacement
60% Monthly Salary PERA 69% Monthly Salary DCP
Maximum Benefit Period
Determined by your age when disability begins – reference the summary plan description

24. Long Term Disability State Classified Monthly Premium
Premiums determined by age, salary and PERA vested status
Elimination Period
180 Days
Income Replacement
60% Pre-Disability Income
Maximum Benefit Period
Determined by your age when Disability begins – reference the certificate of insurance
Evidence of Insurability is required
LTD income replacement benefits are 60% up to age 65, if plan requirements are met
Offset by other income benefits including Social Security, Worker’s Compensation, disability benefits payable under any employer group insurance, retirement benefits or paid leave

25. Family Medical Leave

26. Faculty / Admin Pro and State Classified
Family Medical Leave
Faculty / Admin Pro and State Classified
Family Medical Leave (FML) may apply for one or a combination of the following reasons:
The birth of a child to the Eligible Employee or the Eligible Employee's spouse and care for the newborn
The placement of a child for adoption or foster care with the Eligible Employee or the Eligible Employee's spouse and care for the newly placed child
Care for a spouse, child, or parent with a serious health condition
Inability of the Eligible Employee to perform one or more of the essential functions of his or her position because of his or her serious health condition
Military – Caregiver or Qualifying Exigency Leave
Need to add military

27. Faculty / Admin Pro and State Classified
Family Medical Leave Eligibility
Faculty / Admin Pro and State Classified
Appointed or employed at CSU for at least twelve (12) months and
Has worked at least 1,040 (or 1,250 for SC) hours during the twelve (12) months immediately preceding the commencement date of the leave
Administrative professionals with regular, special or senior teaching appoints and 9-month faculty appointments of half-time or greater are deemed to meet the 1,040 hour standard, assuming that all other eligibility criteria are met
Need to add military

28. Family Medical Leave Entitlement
Faculty / Admin Pro
Eligible for twelve (12) work weeks of FML during a “rolling” twelve (12) month period measured from the first date the employee uses FML to the same date twelve (12) months later
Allows leave to be continuous, reduced-time or intermittent, when medically necessary
FML leave is unpaid
Runs concurrently with all other types of paid leave
Need to add military

29. Family Medical Leave Entitlement
State Classified
Eligible for thirteen (13) work weeks of FML during a fiscal year (July 1 - June 30)
Effective July 1, 2014, State Classified FML will be calculated via the “rolling” twelve (12) month period
Allows leave to be continuous, reduced-time or intermittent, when medically necessary
FML leave is unpaid
Runs concurrently with all other types of paid leave
Need to add military

30. Faculty / Admin Pro and State Classified
FML – Employee Responsibility
Faculty / Admin Pro and State Classified
At least 30 days notice prior to leave date, when foreseeable
Notification to the department as soon as possible, when unforeseeable
Submits medical certification completed by the healthcare provider
Medical certification form must be returned within 15 calendar days from the receipt of the Notice of Rights and Responsibilities
Note: The University is required under Federal regulations to “Notify” an employee under FML when they become aware of an employee’s need for leave which may be eligible for FML. The employee is not required to request it, but department is obligated to provide when knowledge of qualifying absence is gained.

31. Faculty / Admin Pro and State Classified
FML – Department Responsibility
Faculty / Admin Pro and State Classified
Required Documentation
Notice of Rights and Responsibilities
Medical Certification Form
Employee’s Own Serious Health Condition
Family Member’s Serious Health Condition
Designation Notice
Evaluate FML eligibility (planned and unplanned absences)
Determine if an absence of more than three (3) days is FML eligible and send via certified mail
Must provide notice of eligibility to the employee within five (5) business days
Hand deliver to employee the above paperwork for planned absences in advance of the leave date
Once supporting documentation is received, leave must be designated as FML within 5 business days
Individual departments are responsible for FML records and Oracle entry
Departments must send copies of FML to Human Resources

32. Faculty / Admin Pro and State Classified
Family Medical Leave - Military
Faculty / Admin Pro and State Classified
FML Military Caregiver Leave (2008)
FML Qualifying Exigency Leave (2008)
In 2010 the FMLA was again amended, expanding the military-related leave protections. The FMLA was also amended to include a special eligibility provision for airline flight crew employees.
Intended to allow families of members of the, Armed Forces, National Guard and Reserves to manage their affairs while the family member is on active duty
12 weeks of standard FML (13 weeks for State Classified) can be for any “qualifying exigency”
Military Leaves
Under the provisions of the Family Medical Leave Act of 1993, state classified employees shall be
granted up to 520 hours of unpaid family/medical leave each fiscal year for: military leave when a parent, child or spouse experiences a qualifying event; or (5) military caregiver
leave for a parent, child, spouse or next of kin who suffered a serious injury or illness in the line of
duty while on active duty. For purposes of family/medical leave, the term "immediate family member"
means the employee's child including a foster, adopted, or step child, a legal ward, or an adult child
incapable of self-care; parent, including an individual who filled the role of a parent (daily care and
Financial support); or spouse. The department may request documentation of the familial relationship.

33. Faculty / Admin Pro and State Classified
Family Medical Leave - Military
Faculty / Admin Pro and State Classified
FML Qualifying Exigency Leave (2008)
Qualifying Exigency is defined as:
Short-notice deployment;
Military events and related activities;
Childcare and school activities;
Financial and legal arrangements;
Counseling;
Rest and recuperation;
Post-deployment activities; and
Additional activities not encompassed above and agreed upon by the employee and employer
Military Leaves
Upon presentation of proper military orders, an employee who is a member of the National Guard,
military reserves or National Disaster Medical Service shall be granted military training leave with pay
for the annual encampment or equivalent reserve training period. A maximum of fifteen (15) working
days in any fiscal year shall be granted and shall not be charged as annual or compensatory leave.
Leave shall commence the first working day the employee is absent from his job and terminate the
last calendar day in a military training status, as evidenced by copy of military orders.
Military leave provides unpaid leave to permanent employees who are called to active service,
including training or declared emergencies. Unused military training leave is used before being
placed on unpaid leave. The employee may request the use of annual leave before being placed on
unpaid leave.
Under the provisions of the Family Medical Leave Act of 1993, state classified employees shall be
granted up to 520 hours of unpaid family/medical leave each fiscal year for: military leave when a parent, child or spouse experiences a qualifying event; or (5) military caregiver
leave for a parent, child, spouse or next of kin who suffered a serious injury or illness in the line of
duty while on active duty. For purposes of family/medical leave, the term "immediate family member"
means the employee's child including a foster, adopted, or step child, a legal ward, or an adult child
incapable of self-care; parent, including an individual who filled the role of a parent (daily care and
financial support); or spouse. The department may request documentation of the familial relationship.

34. Faculty / Admin Pro and State Classified
Family Medical Leave
Faculty / Admin Pro and State Classified
Federal Regulations
Interfering with or discouraging the use of FML
Breaching confidentiality of health information
Discharging or discriminating
Retaliation

35. Other Leave Types

36. Faculty / Admin Pro and State Classified
Military Leave
Faculty / Admin Pro and State Classified
Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994
Prohibits employers from discriminating against individuals because of past, present or future membership in a uniformed service
Provides employees certain reemployment rights
Military Training Leave
Paid leave for annual training
Max 15 days per calendar year (Faculty/Admin Pro) or fiscal year (State Classified)
Military Leave
Provides unpaid leave to military personnel called to active duty
Employee may use annual leave before unpaid time
May use any remaining Military Training Leave
Military Leaves
Upon presentation of proper military orders, an employee who is a member of the National Guard,
military reserves or National Disaster Medical Service shall be granted military training leave with pay
for the annual encampment or equivalent reserve training period. A maximum of fifteen (15) working
days in any fiscal year shall be granted and shall not be charged as annual or compensatory leave.
Leave shall commence the first working day the employee is absent from his job and terminate the
last calendar day in a military training status, as evidenced by copy of military orders.
Military leave provides unpaid leave to permanent employees who are called to active service,
including training or declared emergencies. Unused military training leave is used before being
placed on unpaid leave. The employee may request the use of annual leave before being placed on
unpaid leave.

37. Faculty / Admin Pro and State Classified
Military Leave
Faculty / Admin Pro and State Classified
USERRA and the FMLA
Together, USERRA and the FMLA create four different types of legally protected leave:
Military leave for the affected employee.
Military family leave for the employee who has a family member affected by military leave.
Medical leave for the affected employee.
Family medical leave for the employee having a medically affected family member.
Military Leaves
Upon presentation of proper military orders, an employee who is a member of the National Guard,
military reserves or National Disaster Medical Service shall be granted military training leave with pay
for the annual encampment or equivalent reserve training period. A maximum of fifteen (15) working
days in any fiscal year shall be granted and shall not be charged as annual or compensatory leave.
Leave shall commence the first working day the employee is absent from his job and terminate the
last calendar day in a military training status, as evidenced by copy of military orders.
Military leave provides unpaid leave to permanent employees who are called to active service,
including training or declared emergencies. Unused military training leave is used before being
placed on unpaid leave. The employee may request the use of annual leave before being placed on
unpaid leave.

38. Faculty / Admin Pro and State Classified
Worker’s Compensation
Faculty / Admin Pro and State Classified
Provides up to 90 days of full pay for injury compensable under Workers’ Compensation
Runs concurrently with FML
Employee – First Report within 4 days. Failure to do so can result in the loss of one day's benefits for each day's failure to report. The employee is to complete the online form and submit it to their Departmental Designated Person.
Once the Designated Person (DDP) receives notification of injury, review and complete the required departmental section and submit the completed form to EHS.
Office of Risk Management Workers' Compensation – Environmental Health Services

39. Faculty / Admin Pro and State Classified
Victim Protection Leave
Faculty / Admin Pro and State Classified
Colorado Domestic Abuse Leave Law
Employers must permit an eligible employee to take leave from work to protect himself or herself from particular acts of violence
Provides up to 24 hours (pro-rated for part-time) of unpaid leave
Eligibility
Employee has been employed for minimum of 12 months
Must exhaust sick and annual leave
Victim of domestic abuse, stalking or sexual assault
Confidentiality
Information must be maintained in files distinct from personnel files

40. Americans with Disabilities Act (ADA)
Keep in mind…
Americans with Disabilities Act (ADA)
Under the guidelines of the ADA, an individual with a disability is defined as a person who:
Has a physical or mental impairment that substantially limits one or more major life activities; or
Has a record of such an impairment; or
Is regarded as having such an impairment
A qualified employee or applicant is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question

41. Keep in mind… Physical Inability All leave benefits exhausted?
Family Medical Leave
Short Term Disability Leave (if applicable)
Sick and Annual Leave
Employee still unable to return to work or cannot return and perform essential functions?
Consultation with Office of Equal Opportunity
Distinct processes exist for requesting administrative separation for physical inability between Faculty/Admin Pro and State Classified

42. 555 S Howes Street, Second Floor Fort Collins, CO 80523
Human Resources
555 S Howes Street, Second Floor Fort Collins, CO 80523
(970) 491-MyHR (6947)