Title: Overview of Leave of Absence FML, CFRA, PDL Staff and Academic Employees
1Overview of Leave of Absence (FML, CFRA, PDL)
Staff and Academic Employees
University of California Riverside
2Overview
- Basic Requirements of the FML Act
- CA Family Rights Act (CFRA)
- Pregnancy Disability Leave (PDL)
- UC FML-related forms
- UCR Procedures
- Staff and Academic procedures
- Questions
3Basic Provisions of FML
- Assures reinstatement of employee to the same or
an equivalent position upon completion of FML - Provides benefit continuation during the FML
absence (previously had to pay COBRA once paid
leave ended) - Prohibits employers from considering the use of
FML as a negative factor in any employment action
4Amendments to FMLA Regulations, Jan. 16, 2009
- After 15 years, the US Department of Labor has
issued the first revisions to its FMLA
regulations, effective January 2009. - A summary of the key changes will be covered in
this presentation.
5Amendments to FMLA Regulations, Jan. 16, 2009
- There are some areas of conflict between the FMLA
regulations and current California law (CFRA).
In cases where CFRA is more generous to
employees, UC is following California law. - If new CFRA and/or PDL regulations are enacted,
the procedures and forms that are currently in
place will be changed.
6Amendments to FMLA Regulations, Jan. 16, 2009
- For the present, per UCOP, UC is following a
combination of both the federal FMLA and
Californias CFRA, which results in a patchwork
approach for the interim period. -
7 Basic Requirements of FML
- Employee Eligibility
- Reasons for Leave
- Eligible Family Members
- Serious Health Condition Factors
- Duration of Leave
- Pregnancy/Parental Leave
- Reinstatement upon Return from Leave
8Who is Eligible for FML?
9Eligibility
- An employee is eligible for FML if the employee
- has at least 12 months of UC service (need not be
continuous) and - has actually worked 1,250 hoursduring 12-month
period prior to FML start date (excludes paid
leave).
TIP Departments should assumeexempt
employees are eligible if they have 12 or more
months of University service.
10Eligibility (contd)
- All prior University service and military leave
granted by the University, including service with
and military leave granted by the Department of
Energy Laboratories (need not be continuous)
count towards the 12 months of cumulative
service. - For employees granted military leave, all hours
that would have been worked had the employee not
been ordered to military duty shall be used to
calculate 1,250 actual hoursof work requirement.
11Eligibility (contd)
- California Law
- If an employee requests a second FML leave during
the same year for the same event, the employee
does not have to re-qualify.
12For What Reasons Can FML Be Taken?
13Reasons for Leave
- Parental Leave
- For the birth of a son or daughter, and to care
for the newborn child - For placement with the employee of a son or
daughter for adoption or foster care - Note
- If the mother father are both UC
employees, both are eligible for
12 weeks of
Parental Leave have up to one year
from the birth or placement to
use it
TIP The right to take FML for parental
bonding applies equally to male and
femaleemployees.
14Reasons for Leave
- Family Illness or Own Illness
- To care for the employees spouse, same- or
opposite-sex domestic partner, son, daughter, or
parent with a serious health condition (excludes
in-laws) or - Because of a serious health condition that makes
the employee unable to perform the functions of
his or her job.
15Reasons for Leave
- Military FMLA Caregiver Leave
- To care for a covered servicemember with a
serious illness or injury incurred in the line of
duty - Military FMLA Exigency Leave
- For any qualifying exigency that results from a
covered family members active duty or call to
active duty in the National Guard or Reserves in
support of a contingency operation. - includes military events and related activities,
childcare, financial and legal arrangements,
counseling, post-deployment activities, and other
related events.
16For Whom Can Care Be Provided?
17Eligible Family Members
- A child who is a biological, adopted or foster
child, a stepson or stepdaughter, a legal ward,
or a child for whom the employee has day to day
responsibility to care and financially support
(i.e. loco parentis status). - The child must be under 18 or else incapable of
self-care due to a mental or physical disability.
18Eligible Family Members
- A parent is a biological, adopted or foster
parent, a stepparent, a legal guardian, an
individual who assumed the day to day
responsibility to care for and financially
support the employee while he/she was a child
(i.e. loco parentis status). - Parent does not include a parent-in-law.
19Eligible Family Members (contd)
- Military FMLA Caregiver Leave
- Leave taken for the reason of Military Caregiver
applies to an employee who is the spouse,
domestic partner, son, daughter, parent, or next
of kin of a covered servicemember. - Next of kin (expanded definition contact HR)
can include the covered servicemembers nearest
blood relative other than those listed above or
siblings, grandparents, aunts and uncles, first
cousins. -
20Eligible Family Members (contd)
- Military FMLA Exigency Leave
- Leave taken for a qualifying exigency due to
the employees spouse, son, daughter, or parent
being called to active duty status. - Active duty refers to federal active duty only.
State calls to active duty are not covered
unless the President so orders. -
21Eligible Family Members (contd)
- The department may require (HR encourages) a
Declaration of Relationship for FML when leave
requested is due to the serious medical condition
of an eligible family member.
22 What Qualifies As A Serious Health Condition?
23Serious Health Condition
- Serious health condition means illness, injury
(including on-the-job injuries), impairment, or
physical or mental condition of the employee or a
child, parent or spouse of the employee that
involves either - In-patient care (i.e., an overnight stay) in a
hospital, hospice, or residential health care
facility or - Continuing treatment or supervision by a health
care provider - Previously the FMLA definition was used,
currently the CFRA definition is being used
24Serious Health Condition
- Serious health conditions also include
- Pregnancy-related incapacity
- Prenatal care
- Incapacity related to and following childbirth
25 How Is A Serious Health Condition Determined?
26Certification of Health Care Provider
- It is UCs practice that the determination of a
serious health condition is reserved for the
treating health care provider. - Health Care Providers who may make this
determination include Doctors of medicine or
osteopathy, podiatrists, dentists, clinical
psychologists, optometrists, chiropractors, nurse
practitioners, nurse midwives, clinical social
workers, and physicians assistants.
27Certification of Health Care Provider
- For FML involving a serious health condition, the
department should require the completion of the
Certification of Health Care Provider form.
28Certification of Health Care Provider
- As of January 2009, 4 new certification forms
have been adopted by UC (previously only 1 was
used). Separate certification forms are to be
used for - an employees own serious health condition
- a family members serious health condition
- an employees pregnancy disability
- serious injury or illness of covered
servicemember - The new forms are available on HRs website under
FML Packet
29Certification of Health Care Provider
- If an employee submits a Medical Certification
that is incomplete or requires additional
clarification . . . - the employee must be provided 7 calendar days to
cure the deficiencies and/or authorize the
campus Disability Coordinator to contact the
health care provider. - Under no circumstances can an employees
supervisor contact the health care provider.
30Certification of Health Care Provider
- An employer who has reason to doubt the validity
of a medical certification for the employees own
illness may require the employee to obtain a
second opinion at the employer's expense (contact
LR for guidance). - Pending receipt of the second (or third) medical
opinion, the employee is provisionally entitled
to the benefits of the Act, including maintenance
of group health benefits.
31Certification of Health Care Provider
- Labor Relations must be contacted prior to
requesting a second opinion. - No second opinions on the serious health
condition of the employees family members are
permitted under California law.
32Certification of Health Care Provider
- Employees should provide at least 30 days notice
before FML begins. When less than 30 days notice
is provided . . . - the employee should provide notice of the need
for leave as soon as practicable. - the employee has 15 calendar days to provide a
completed certification (some medical providers
are known to take longer, the employee should
communicate any difficulties in obtaining the
completed certification.
33Certification of Health Care Provider
- Recertification may be required
- Upon the expiration of the leave period, if the
employee is requesting additional leave, or - Every 30 days, if the health care provider
indicated on the certification that the duration
of the leave was indefinite and it is in
connection with an absence. - Previously the practice was to recertify every
new calendar year. -
34Certification of Health Care Provider
- Any re-certification requested by the employer
shall be at the employee's expense unless the
employer provides otherwise. - No second or third opinion on re-certification
may be required.
35Certification and Privacy Considerations
- The department is not entitled to the diagnosis,
but only to the estimated duration of the leave,
including dates. - If a diagnosis is provided by the doctor, black
out prior to processing.
36 What Is The Duration of FML?
37Amount and Type of Leave
- For FML leave, employees may take up to 12
workweeks of unpaid leave in a 12 month period. - Supplemental (unpaid) disability leave for up to
12 additional workweeks may be available. Refer
to applicable policies and contracts. - At UC, the leave year is based on the calendar
year.
38Amount and Type of Leave (contd)
- Military Caregiver Leave
- Employees may take up to 26 workweeks of unpaid
leave in a single 12 month period. - Applies to eligible employees who have a family
member or next of kin serving in the military,
and who are injured or incur a serious illness in
the line of duty on active duty.
39Amount and Type of Leave (contd)
- The maximum unpaid absence under FML for any
combination of leave that includes Military
Caregiver leave is 26 workweeks (not 26 weeks
12 weeks) in a single 12 month period. - A single 12-month period is defined as starting
on the first day of leave. The calendar leave
year is NOT applied to the Caregiver leave.
40Amount and Type of Leave (contd)
- Military Exigency Leave
- Employees may take up to 12 workweeks of unpaid
leave for any qualifying exigency that arises
out of the fact that a covered military member is
on active duty or called to active duty. - Applies to families of members of the National
Guard and Reserves.
41Amount and Type of Leave (contd)
- FML (not other types of leaves) may take the form
of - a continuous leave of absence,
- a reduced work schedule, or
- intermittent leave.
- NOTES
- The employee is responsible for notifying the
department that the requested time off is due to
his/her FML serious medical condition vs. a
regular sick day. - Once FML is exhausted, reasonable accommodation
may be necessary (contact the Disability
Manager). - Flexible scheduling to allow an employee to
attend medical appointments cannot be counted as
intermittent FML leave. - These types of leaves should be designated in
writing and the hours applied toward FML must be
tracked manually.
42- Overlap Between FML and State Leave Laws
Pertaining To Pregnancy/Parental Leave
43Federal and State Leave Laws
- Three separate entitlements interact and overlap
with each other - Family Medical Leave (FML - Federal)
- CA Family Rights Act (CFRA - CA)
- Pregnancy Disability Leave (PDL - CA)
44California Law
- CA Family Rights Act (CFRA)
- Generally provides the same eligibility and
protections as FML - Leave is unpaid and
- Runs concurrently with FML EXCEPT
- does not provide leave for disability due to
pregnancy, childbirth, or related medical
conditions.
45California Law
- Pregnancy Disability Leave (PDL)
- Fair Employment and Housing Act (FEHA)
- No eligibility requirements
- 4 months of job-protected but unpaid leave when
the employee is actually disabled due to
pregnancy-related condition (do not have to meet
the FML/CFRA eligibility requirements). - PDL is concurrent with FML but NOT with CFRA
46Pregnancy/Parental Leave
- Pregnancy disability leave (PDL) allows up to
four months of leave due to pregnancy related
conditions. The first 12 workweeks of PDL runs
concurrently with FML, when the employee is
eligible for FML. - Upon termination of PDL, an additional 12
workweeks of CFRA leave is allowed for any
covered reason (e.g., bonding with child after
birth, adoption, or placement through foster
care) except pregnancy.
47Pregnancy/Parental Leave (contd)
CFRA (Up to 12 workweeks) Applied to
non-pregnancy related disability leave, including
baby-bonding leave
PDL (Up to 4 months) Applied only to
pregnancy-related disability leave
Federal FML (Up to 12 workweeks) Applied to
pregnancy-related medical leave and baby-bonding
leave
- Total leave taken should not exceed 7 months in a
year.
48Pregnancy/Parental Leave (contd)
PDL
CFRA
FML
Example Employee placed off work June 1st, but
due date is July 1st. Medical Certification
indicates the pregnancy-related disability will
end August 30th. Employee then requests 12 weeks
of parental leave to bond with the child.
Departments need to document when each leave
begins ends.
49California Law Intermittent Parental Leave
- Leave for baby bonding or placement of a child in
foster care or adoption need not be taken all at
once. - Minimum duration of intermittent baby bonding
leave is two weeks. - Exception A request for leave which is for less
than two weeks shall be granted on any two
occasions.
50Substituting Paid Leave while on FML
- NOTE Varies by Bargaining Unit
- Vacation Leave
- Medical Leave. Employees option for own serious
health condition. - Family Illness Leave. Accrued vacation may be
used during a family illness except that an
employee shall be required to use at least 10
percent of accrued vacation prior to taking a
family illness leave without pay, if the
employees vacation accrual balance is at the
maximum. - Parental Leave for Bonding Purposes. Accrued
vacation may be used during a family and medical
leave granted to care for a newborn, adopted or
foster child, except that an employee shall be
required to use at least 10 percent of accrued
vacation prior to taking a parental leave without
pay, if the employees vacation accrual balance
is at the maximum.
51Substituting Paid Leave while on FML (contd)
- NOTE Varies by Bargaining Unit
- Sick Leave
- Medical Leave. Employees option for own serious
health condition. - Family Illness Leave. Accrued sick leave may be
used during a family and medical leave granted to
care for a child, spouse, domestic partner or
parent with a serious health condition to the
extent permitted by Staff Policy 42.D.1., Family
Illness. Policy currently permits usage of up to
30 days of accrued sick leave for the serious
health condition of a child, spouse, domestic
partner or parent.
52Substituting Paid Leave while on FML (contd)
- NOTE Varies by Bargaining Unit
- Comp Time Does not count against FML
entitlement. - LWP If the academic employee does not accrue
sick and/or vacation leave, the Chancellor (or
designee) may approve leave with pay for up to 12
workweeks.
53Reinstatement
- Employee is entitled by law to return to the same
position or to an equivalent position with
equivalent benefits, pay, and other terms and
conditions of employment. - Departments wishing to reinstate an employee to
an equivalent position should contact Labor
Relations.
TIP An employee is not entitled to
reinstatement if his or her appointment end date
occurs before the return date from FML.
54New FML Forms
- What you need to know about
- New or Revised Forms
- New Notice Requirements
- Specific guidance on completing the Notice of
Eligibility and Rights Responsibilities form
55New FML Forms
- Forms that have remained the same
- Provisional Designation Notice
- (formerly referred to as the Cover Memo to
provisionally designate FML) - Leave of Absence Request Form
- FML Declaration of Relationship
- Record of Reduced Work/Intermittent Leave
- FML Return to Work Certification
- FML Benefits Checklist
56New FML Forms
- New or Revised Forms
- Certification of Health Care Provider forms
- Employees Serious Health Condition
- Family Members Serious Health Condition
- Pregnancy Disability
- Servicemembers Serious Illness or Injury
- NOTE Some medical providers indicate an end
date that is actually the date of the employees
next appointment not an official RTW date.
Communication between the department the
employee on the meaning of the end date can
resolve any confusion.
57New FML Forms
- New or Revised Forms
- Designation Notice
- Notice of Eligibility and Rights
Responsibilities - Certification of Qualifying Exigency
58New FML Forms
- The University must provide more than one type of
notice with respect to FML - A General Notice requirement
- Met by workplace posters and policies
- An Eligibility Notice requirement
- Met by providing the Notice of Eligibility and
Rights Responsibilities form
59New FML Forms (cont.)
- The University must provide more than one type of
notice with respect to FML - A Designation Notice requirement
- Met by providing the Designation Notice form
60New FML Forms (cont.)
- The initial FML Packet should consist of
- Leave of Absence Request form
- Provisional Designation Notice
- Certification form (Certification of Health Care
Provider or Qualifying Exigency) - Notice of Eligibility and Rights
Responsibilities - FML Benefits Checklist
- Declaration of Relationship (if applicable)
61New FML Forms (cont.)
- After the completed Certification is received,
- the employee should be provided with
- Leave of Absence Request form, with Employer
portion completed - Designation Notice
- Return to Work Certification (if applicable)
- Should be used consistently throughout the
department
62New FML Forms (cont.)
-
- Once the FML has been designated, future changes
to the return to work date or work schedule
should be documented by updated Certification
forms.
63New FML Forms (cont.)
- Specific guidance on completing the Notice of
Eligibility and Rights Responsibilities form - (From Page 2)
- You will be required to use your available paid
___ sick, ___ vacation, and/or ___ other leave
during your FMLA absence. - In almost all cases, these blanks should be
filled in with zero (0), except in those cases
where PPSM requires an employee to use at least
10 of their vacation leave when their vacation
accrual is at maximum.
64New FML Forms
- Specific guidance on completing the Notice of
Eligibility and Rights Responsibilities form - (From Page 2)
- Due to your status with the company, you are
considered a key employee as defined in the
FMLA. . . We ___ have/ X have not determined that
restoring you to employment at the conclusion of
FMLA leave will cause substantial and grievous
economic harm to us. - The key employee exclusion is generally not
applicable at UC.
65New FML Forms
- Specific guidance on completing the Notice of
Eligibility and Rights Responsibilities form - (From Page 2)
- While on leave you will be required to furnish
periodic reports of your status and intent to
return to work every N/A. - Indicate N/A, as this is not required at UC.
66New FML Forms
- Specific guidance on completing the Notice of
Eligibility and Rights Responsibilities form - (From Page 2)
- You have a right under FMLA for up to 12 weeks of
unpaid leave in a 12-month period calculated as - X the calendar year (January December)
- Indicate X for calendar year except where FML
is for the reason of Military Caregiver.
67 68Summary of Key Changes to FML
69Amendments to FMLA Regulations, Effective, Jan.
16, 2009
- Key Change
- An employee must be provided 7 calendar days to
cure any deficiencies in a medical certification
and/or authorize the campus Disability
Coordinator to contact the employees health care
provider.
70Amendments to FMLA Regulations, Effective, Jan.
16, 2009
- Key Change
- For intermittent and reduced schedule leaves, an
employee must make a reasonable effort to
schedule treatment/visits so as not to unduly
disrupt the employers operation.
71Amendments to FMLA Regulations, Effective, Jan.
16, 2009
- Key Change
- FML has been expanded to provide unpaid leave for
a qualifying exigency arising out of the fact
that an employees spouse, parent or child is on
active duty or has been notified of an impending
call or order to active duty.
72Amendments to FMLA Regulations, Effective, Jan.
16, 2009
- Key Change
- Employers have 5 business days to designate FML
after the employer learns of the FML qualifying
condition.
73- FML For Academic Employees
74Academic Positions
- An academic appointee is defined as one who is
engaged primarily in one or more of the
following teaching, research, and public
service, and whose duties are closely related to
the Universitys instructional and research
functions. Included in this group are academic
administrative officers, faculty, student
appointees, medical residents, research
appointees, Cooperative Extension and University
Extension appointees, and librarians.
75FML FOR ACADEMIC EMPLOYEES
- How does the Family Medical Leave Act affect
academic employees? - The Basic Requirements and Campus Guidelines of
the Family Medical Leave Act apply to all UCR
academic employees who meet the eligibility
requirements.
76Does this include academic employees (who do not
accrue sick leave)?
- Yes. FML policy for academic employees can be
found in APM 715 - APM
- Academic Personnel Manual
- Systemwide policy for non-represented academic
employees - Maintained by the Office of the President
- NOTE Academic employees represented by a
bargaining unit have contracts which contain the
policies that govern them. These are Unit 18 or
Lecturers, Librarians and Academic Student
Employees (ASEs).
77Is FML paid or unpaid for academics?
- If the academic employee accrues sick and/or
vacation leave, accrued paid leave may be
substituted for unpaid leave (APM 710-38 and APM
715-20-b). The guidelines outlined on the UCR
Human Resources website under Section H, Paid
vs. Unpaid FML apply. - If the academic employee does not accrue sick
and/or vacation leave, the Chancellor (or
designee) may approve leave with pay for 12
workweeks (APM 715-20-b and APM 710-38). See
also APM 710-11 regarding the maximum amount of
paid medical leave.
78What is the departments responsibility?
- Policy requires that the department (or other
specified unit) must designate the leave as
qualifying for FML and provide the appointee with
written notice of eligibility and designation
(APM 715-30-b). - Departments are the first ones to know when a
faculty member or other academic appointee
requests a leave.
79Major Difference Between FML for Academics and
Staff
- One major difference between academic leave
policy and staff leave policy, is that academic
leaves are approved by the Vice Provost for
Academic Personnel and staff leaves are normally
approved at the department level. - This difference in approval authority for the
academic employees requires some minor
differences in the processing of the FML
paperwork. - AP modified some of the FML documents to account
for these differences and assist in processing
FML for academic employees.
Ladder rank faculty only all others are
approved at the Deans level.
80- UCR Procedures
- Staff and Academic Procedures
81Actions Required
- Identify FML
- Determine when FML begins
- Provide FML Packet and Designate FML
- Follow up if forms are not returned
- Record the absence on the Time Record and/or
Record of Reduced Work/Intermittent Leave - Track FML and maintain FML records
82Actions Required
- Update the PPS records as soon as the information
is available that a leave of absence is
occurring. It is not necessary that all employee
completed forms be received before the PPS
records are updated.
831. Identify FML
- Anytime an employee requests or takes paid or
unpaid leave (including a reduced leave schedule
or intermittent leave that appears to qualify as
FML), the department should - review the provisions of the FML Basic
Requirements and applicable personnel policies or
collective bargaining agreement - determine whether the employee is eligible for
FML and - determine whether the leave qualifies as FML.
841. Identify FML (contd)
- The employee does not need to request the leave
in writing to be entitled to FML. - The employee does not need to specifically
mention family and medical leave to be entitled
to FML. - In all circumstances it is the departments
responsibility to designate leave as FML.
851. Identify FML (contd)
- Additionally for Academic Employees
- Review Academic Personnel Manual leave policies.
Refer to AP Leave Policy Table, a roadmap to the
leave policies - Check Delegation of Authority Chart for approval
authority on leaves. - Review Contract for academics covered by
bargaining units - Review AP Addendum to HR Basic Requirements/Campus
Guidelines - Determine if the academic employee accrues sick
and/or vacation leave. - Leave Accrual Chart
862. Determine When FML Begins
- In most cases, FML begins on the same day
employee begins leave. - If department knows leave is FML and does not
designate leave as FML within 5 business days,
leave may not be designated retroactively. In
this case, FML begins when FML notice is given. - When sick leave turns into a serious health
condition, FML begins when serious health
condition begins.
873. Provide Provisional FML Designation Notice
- To provide written notice, the department should
present the employee, by mail or in person, a FML
packet consisting of the appropriate documents. - FML Packet Documents Menu
88Provisional FML Designation Notice
- The department should designate which leave
periods are covered by FML, PDL, and/or CFRA when
leave is requested due to a pregnancy-related
condition. - In all other cases, designate whether the leave
is covered under federal (FMLA) and state (CFRA)
laws.
894. Provide Formal FML Designation Notice
- After the completed Certification is received,
the employee should be provided with - Leave of Absence Request form, with Employer
portion completed - Designation Notice
- Return to Work Certification (if applicable)
905. Follow Up If Certification Is Not Returned
- If the department does not receive a completed
Certification within 15 days, the department
should - complete the entire Leave of Absence Request form
as best as possible and - send a copy to the employee with a follow-up
letter and a blank Certification form. - Contact Labor Relations if the follow up does not
result in a completed Certification form from the
Health Care Provider within a reasonable time.
91Academic Employees Providing FML Notice
- For Academic Employees
- The cover memo provisionally designating the
leave as FML is slightly modified from the staff
form letter in order to clarify that the leave
still requires approval by the Vice Provost for
Academic Personnel. - Academic Leave Form (UPAY 573) is also required.
92Academic Employees Providing FML Notice (contd)
- For Academic Employees
- Since the Vice Provost must approve academic
leaves of absence, the following completed forms
must be forwarded to Academic Personnel, through
the appropriate deans office, for consideration
of the leave request - Leave of Absence Request form
- Medical Certification form
- Academic Leave Form (UPAY 573)
- Upon consideration of the leave request, AP
returns the UPAY 573 form and provides VPAP
letter to the employee, department and the dean.
93Academic Employees Providing FML Notice (contd)
- For Academic Employees
- The follow-up memo for academic employees is
slightly modified from the staff form letter. - A modified Checklist for Academic Employees form
tracks academic processing.
94Resources for Academic Appointees
- Academic Personnel Manual (APM)
- APM 715-Family Medical Leave
- APM 710-Leaves of Absence/Sick Leave
- APM 730-Leaves of Absence/Vacation Leave
- APM 760-Leaves of Absence/Childbearing Leave,
Parental Leave, Active Service Modified Duties - Bargaining Contracts (Unit 18 or Lecturers,
Librarians, Academic Student Employees (ASEs),
contact Labor Relations (Marianne Beckett ext
2-2847) - FML Leave Policy on AP Web site
- FML FAQs for Academic Employees
- Addendum to UCR Basic Requirements/Campus
Guidelines - Leave Policy Table
- Academic Leave Form
- Sample FML Forms/Letters
- Leave Accrual Chart for Academics
956. Track FML
- Departments should use the UCR Time Record form
(UPAY 100R) to record/track actual paid and
unpaid FML taken. - Record hours of leave under appropriate column
(e.g., sick leave) and record FM under the
Other Leave column. - When a Time Record is not generated automatically
by Payroll, complete a blank Time Record form.
96- Coordination of FML with Workers Compensation
97FML and Workers Compensation
- FML can run concurrently with an illness or
injury covered by Workers Compensation. - FML should be designated for serious health
conditions covered by Workers Compensation. - Disability leave provided by Workers
Compensation entitles the injured worker to job
protections beyond the 12-week FML entitlement.
98- Updating PPS Records for Leaves of Absence
99Update PPS
ELVE(Leave of Absence Data)
100Update PPS (contd)
ELVE - Enter data in the following fields, as
applicable
- Leave of Absence Action Code - code indicating
the type of leave being processed - 07 - Leave with pay
- 08 - Leave without pay
- Leave of Absence Begin Date - date the leave will
begin/began, in the format mmddyy - Return Date - date the employee is expected to
return to work - Type - code indicating the type of leave taken by
the employee. For a list of codes use F-1 help
101Update PPS (contd)
- Update PPS to reflect the leave of absence with
one of the LOA Type codes as indicated. - If eligible for FML.
- 15 for FML without pay or
- 16 for FML with pay
- If not eligible for FML.
- 05 for extended illness
- If an employee is on a Workers Compensation
Leave use the following - 09 for workers compensation leave
- If an employee is on a Pregnancy disability leave
use the following - 04-Pregnancy Disability-Until the disability
benefits end - 08-Personal Leave-During CFRA leave.
- The rest of the fields in this screen do not need
to be completed. - Update PPS-Press F5
102Intermittent Leave/Reduced Work Schedule
- On a intermittent leave/reduced work schedule
make sure employee is currently on pay status on
the ELVE screen to reflect period of FML. - To record partial hours taken while on FML use
the Time Record sheet. - The ELVE screen is designed to record only full
day increments - The time roster will need to be reviewed to make
sure the reduced time or duration is reflecting
the Time Record sheet accordingly.
103Benefit Premium Payment for Employees Eligible
for FML
- UC contributions for Medical, Dental and Vision
will continue for 3 months or 12 workweeks. - Employee meets with Benefits/Payroll Office and
is provided a BIC form (Benefits Insurance
Continuation) which details elected benefits with
the amounts due each month. - Employee is responsible to pay for any Employee
contributions for Medical, Suppl. and Dep. Life,
Legal and AD D.
104Benefit Premium Payment for Employees Eligible
for FML (contd)
- Supplemental FML
- UC contributions for Medical Only will continue
for additional 3 months or 12 workweeks while the
employee is on disability benefits. - Employee is required to pay their Dental, Vision
and other employee paid premiums. - After Exhausting FML
- Employee not eligible for any UC contributions.
Employee must pay the employer and employee
contributions in order to continue coverage. - For more detail information on additional benefit
continuation while on FML please log on to
http//atyourservice.ucop.edu/employees/life_chang
es/leaves/family_med_leave/benefits.html
105 106Maintain FML Records
- Home departments are the Office of Record.
- FML records must be filed separately from the
employees regular personnel file. - FML records must be kept for at least three
years. - FML records must be made available for
inspection, copying, and transcription upon
request of the Department of Labor (DOL).
107Maintain FML Records (contd)
- Copies of memos provided to the employee
- Leave of Absence Request forms
- Time Record forms showing actual dates FML was
taken - Record of Reduced Work/Intermittent Leave
Schedule for Exempt Employees forms - Copies of employee notices of leave
- Medical certifications, re-certifications and
- Any other records relating to FML.
108Online Resources
- Human Resources Web Sitehttp//humanresources.uc
r.edu - Academic Personnel Web Site
- http//academicpersonnel.ucr.edu/
- FML Guideline Website http//www.humanresources.u
cr.edu/?contentPoliciesAndContracts/FMLGuidelines
.htm - FML Forms Website http//www.humanresources.ucr.e
du/?contentPoliciesAndContracts/FMLPacketMenu.htm
109 110Who to Contact for More Information
- Heidie Rhodes, Human Resourcesheidie.rhodes_at_ucr.e
du , extension 2-2463 - Jadie Lee, Labor Relationsjadie.lee_at_ucr.edu ,
extension 2-3196 - Sara Umali, Academic Personnelsara.umali_at_ucr.edu
, extension 2-5810 - Tina Rodriguez, Benefitstina.nunez_at_ucr.edu ,
extension 2-1440 - Sonia Kalogonis, Payroll
- sonia.kalogonis_at_ucr.edu , extension 2-1962
- Marianne Beckett, Labor Relations
- marianne.beckett_at_ucr.edu, extension 2-2847