Overview of Leave of Absence FML, CFRA, PDL Staff and Academic Employees

1
Overview of Leave of Absence (FML, CFRA, PDL)
Staff and Academic Employees
University of California Riverside
2
Overview

• Family Medical Leave Act (FMLA)
• Overlap of FMLA with
• CA Family Rights Act (CFRA)
• Pregnancy Disability Leave (PDL)
• UC FML / CFRA / PDL Forms
• UCR Procedures
• Staff and Academic procedures
• Coordination of FMLA with Workers Compensation
• Updating PPS Records for Leaves of Absence
• Maintaining FML Records

3
FML Basics

• 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
  

4
Amendments 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

5
Amendments 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

6
Amendments 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
Summary of Key FML Changes
8
Amendments 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

9
Amendments 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

10
Amendments 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

11
Amendments 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

12
FML Facts

• Employee Eligibility
• Reasons for Leave
• Eligible Family Members
• Serious Health Condition Factors
• Duration of Leave
• Pregnancy/Parental Leave
• Reinstatement upon Return from Leave

13
Who is Eligible for FML?
14
Eligibility

• 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.
15
Eligibility (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

16
For What Reasons Can FML Be Taken?
17
Qualifying Reasons 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.
18
Qualifying Reasons for Leave (cont.)

• 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

19
Qualifying Reasons for Leave (cont.)

• 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

20
For Whom Can Care Be Provided?
21
Eligible 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

22
Eligible Family Members (cont.)

• 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.

23
Eligible Family Members (cont.)

• 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

24
Eligible Family Members (cont.)

• 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

25
Declaration of Relationship

• 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

26
What Qualifies As A Serious Health Condition?
27
Serious 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

28
Serious Health Condition (cont.)

• Serious health conditions also include
• Pregnancy-related incapacity
• Prenatal care
• Incapacity related to and following childbirth

29
Employee Leave Notice

• Employees should provide at least 30 days notice
  before FML begins, but when less than 30 days
  notice is provided, the employee should provide
  notice of the need for leave as soon as
  practicable

30
How Is A Serious Health Condition Determined?
31
Certification of Health Care Provider

• The determination of a serious health condition
  is reserved for the treating health care provider
  and includes
• Doctors of medicine or osteopathy, podiatrists,
  dentists, clinical psychologists, optometrists,
  chiropractors, nurse practitioners, nurse
  midwives, clinical social workers, and
  physicians assistants
• For FML involving a serious health condition,
  the department shall require the completion of
  the appropriate Certification of Health Care
  Provider form

32
Various Health Care Provider Certifications

• As of January 2009, 4 new Health Care
  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 (military caregiver leave)

33
Returning the Health Care Provider Certifications

• Employees have 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)

34
Certification 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

35
Incomplete or Unclear Health Care Provider
Certifications

• 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

36
Health Care Provider Certification Validity

• 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

37
Health Care Provider Certification Validity
(cont.)

• 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

38
Health Care Provider Recertification

• 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

39
Health Care Provider Recertification (Cont.)

• Any recertification requested by the employer
  shall be at the employee's expense unless the
  employer provides otherwise
• No second or third opinion on recertification may
  be required

40
What Is The Duration of FML?
41
Duration 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

42
Duration of Leave (cont.)

• 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.

43
Duration of Leave (cont.)

• 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.

44
Duration of Leave (cont.)

• 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.

45
Leave Types

• Leaves may take the form of
• a continuous leave of absence or
• 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.

46

• Overlap of FMLA with
• CA Family Rights Act (CFRA) Pregnancy
  Disability Leave (PDL)

47
Federal 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)

48
California 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

49
California 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

50
Pregnancy/Parental Leave
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.

51
Pregnancy/Parental Leave (cont.)

• 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

52
Pregnancy/Parental Leave (cont.)
PDL (13 weeks)
CFRA (12 weeks)
FML (12 weeks)
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.
53
California 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

54
Substituting 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

55
Substituting 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

56
Substituting Paid Leave while on FML (cont.)

• 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.

57
Reinstatement

• 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
58
New FML Forms

• What you need to know about
• New and/or Revised Forms
• New Notice Requirements

59
New FML Forms

• Forms that have remained the same
• Provisional Designation Notice
• (formerly referred to as the Cover Memo to
  provisionally designate FML)
• FML Benefits Checklist

60
New Leave Forms

• New and/or Revised Forms (all revised 9/09)
• Leave of Absence Request
• Designation Notice
• Notice of Eligibility and Rights
  Responsibilities
• Certification of Health Care Provider for
  Employees Serious Health Condition
• Certification of Health Care Provider for Family
  Members Serious Health Condition
• Certification of Health Care Provider for
  Employees Pregnancy Disability

61
New Leave Forms (cont.)

• New and/or Revised Forms (all revised 9/09)
• Exempt Employee Workweek Agreement for FML Leaves
  taken on a Reduced Schedule or Intermittent Basis
• Declaration of Relationship
• Return to Work Certification
• Certification for Qualifying Exigency Leave
• Certification for Military Caregiver Leave
• 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.

62
FML Notices

• 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
• A Designation Notice requirement
• Met by providing the Designation Notice form

63
Leave Documents

• The initial Leave Packet should consist of
• Leave of Absence Request form
• Provisional Designation Notice
• Appropriate Health Care Provider / Qualifying
  Exigency Certification Form
• Notice of Eligibility and Rights
  Responsibilities
• FML Benefits Checklist
• Declaration of Relationship (if applicable)

64
Leave Documents (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

65
Leave Documents (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

66
Sample Letters

• 1. Employee Not FML Eligible For All FML
  Requests except PDL
• 2. Employee FML Eligible but Leave Entitlement
  Exhausted For All FML Requests except PDL
• 3. Employee FML Eligible For Leave for
  Employee's Serious Health Condition
• 4. Employee FML Eligible For Leave for Family
  Member's Serious Health Condition
• 5. Employee FML Eligible For Military Caregiver
  Leave
• 6. Employee FML Eligible For Qualifying
  Exigency Leave
• 7. Employee FML Eligible For Parental Leave
  (when Employee is not Birth Mother)
• 8. Employee FML Eligible For Combined PDL and
  Parental Leave
• 9. Employee Not FML Eligible For Requests for
  PDL only

67
Sample Letters (cont.)

• 10. Employee FML Eligible but Leave Entitlement
  Exhausted For Requests for PDL only
• 11. Employee FML Eligible For Requests Limited
  to PDL
• 12. Certification and/or Declaration Not Received
  For all FML Leaves
• 13. Certification Incomplete or Insufficient
  For all FML Leaves
• 14. Designation Letter For All Approved and
  Denied FML Requests except Approved Requests for
  Combined PDL Parental Leave
• 15. Designation Letter For Approved Combined
  PDL and Parental Leave
• 16. PDL Confirmation Letter Employee Not FML
  Eligible or Employee FML Eligible but Leave
  Entitlement Exhausted
• 17. Letter for Change in End Date of PDL For
  Approved Combined PDL and Parental Leave
• 18. Recertification For Leave for Employee' or
  Family Member's Serious Health Condition

68

• 10 minute break

69

• FML For Academic Employees

70
Academic 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.

71
FML 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.

72
Does 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).

73
Is 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.

74
What 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.

75
Major 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.
76

• UCR Procedures
• Staff and Academic Procedures

77
Actions 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

78
Actions 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.

79
1. 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.

80
1. 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.

81
1. 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

82
2. 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.

83
3. 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

84
Provisional 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.

85
4. 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)

86
5. 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.

87
Academic 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.

88
Academic 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
• Appropriate Medical Certification form
• Academic Leave Form (UPAY 573)
• Notice of Eligibility Rights Responsabilities
• Declaration of Relationship (if applicable)
• Upon consideration of the leave request, AP
  returns the UPAY 573 form and provides VPAP
  letter to the employee, department and the dean.

89
Academic 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.

90
Resources 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

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6. 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.

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• Coordination of FML with Workers Compensation

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FML 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.

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• Updating PPS Records for Leaves of Absence

95
Update PPS
ELVE(Leave of Absence Data)
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Update 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

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Update 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 not eligible for FML but is on a pregnancy
  disability leave use the following
• 04-Pregnancy Disability-Until the disability
  benefits end
• If an employee is on a Workers Compensation
  Leave use the following
• 09 for workers compensation leave
• The rest of the fields in this screen do not need
  to be completed.
• Update PPS-Press F5

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Intermittent 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.

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Benefit 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.

100
Benefit 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

101

• Maintaining FML Records

102
Maintain 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).

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Maintain 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.

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Online Resources

• UCR FML Guideline Website http//www.humanresourc
  es.ucr.edu/?contentPoliciesAndContracts/FMLAGuide
  linesMenu.htm
• UCOP Family Medical Leave Website
  http//atyourservice.ucop.edu/administrators/loa/f
  ml.html
• Academic Personnel Web Site
• http//academicpersonnel.ucr.edu/
• Human Resources Web Sitehttp//humanresources.uc
  r.edu

105

• Questions?

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Who 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