Welcome to HR 101-Welcome to HR 101-Employee Leaves:Employee Leaves:

What Every HR What Every HR Professional Professional

Needs to Know About Needs to Know About Employee LeavesEmployee LeavesPresented by:

John FarruggioHR Benefits Manager at Upstate Medical University

Famous QuoteFamous Quote“Showing up is half

the battle?”Woody Allen

Types of LeavesTypes of Leaves

• Medical (personal and family)Medical (personal and family)• Workers CompensationWorkers Compensation• Maternity/paternityMaternity/paternity• ChildcareChildcare• BereavementBereavement• MilitaryMilitary

What should you do when you are informed of What should you do when you are informed of an employee leave (Top 10 List)?an employee leave (Top 10 List)?

• What is the basis for the leave?What is the basis for the leave?• When did the leave begin and how long is it expected to When did the leave begin and how long is it expected to

last?last?• Is the leave authorized and did the employee follow Is the leave authorized and did the employee follow

proper call-in procedures?proper call-in procedures?• What type of documentation has been provided to What type of documentation has been provided to

support leave?support leave?• Is the leave continuous or intermittent?Is the leave continuous or intermittent?• Is the leave due to a personal or family illness?Is the leave due to a personal or family illness?• Is the leave due to a work-related injury/illness?Is the leave due to a work-related injury/illness?• What type of paid status will the employee retain while on What type of paid status will the employee retain while on

leave?leave?• Is the employee on probation (classified service) or been Is the employee on probation (classified service) or been

non-renewed (unclassified service)?non-renewed (unclassified service)?• Is the employee FMLA eligible and if so is the leave Is the employee FMLA eligible and if so is the leave

covered by the FMLA?covered by the FMLA?

What is the basis for the leave?What is the basis for the leave?• Personal IllnessPersonal Illness• Family Sick Leave (including bereavement which are Family Sick Leave (including bereavement which are

absences from work necessitated absences from work necessitated by a death or illness in by a death or illness in the employee's immediate family.the employee's immediate family.))

• Workers Comp. Related Injury/IllnessWorkers Comp. Related Injury/Illness• Military training, deployment, or military caregiver leave Military training, deployment, or military caregiver leave

or qualifying exigency leaveor qualifying exigency leave• Long Term illnessLong Term illness

Depending on type of leave, such will require specific Depending on type of leave, such will require specific supporting documentation to be filed with HR within a supporting documentation to be filed with HR within a

given timeframe to authorize leave.given timeframe to authorize leave.

How & When to Request How & When to Request a Leave of Absence a Leave of Absence

• Generally, a Certification of Health Care Provider Generally, a Certification of Health Care Provider (CHCP-DOL) form is needed when a period of (CHCP-DOL) form is needed when a period of absence (sick leave) is expected to be five (5) absence (sick leave) is expected to be five (5) consecutive work days OR longer (tied to contract consecutive work days OR longer (tied to contract language), OR more than 3 consecutive calendar language), OR more than 3 consecutive calendar days combined with at least two visits to a health days combined with at least two visits to a health care providercare provider OR OR if an employee is requesting if an employee is requesting intermittent leave (FMLA related).intermittent leave (FMLA related).

• A CHCP form is required for FMLA and maybe used A CHCP form is required for FMLA and maybe used

for non-FMLA related absence. for non-FMLA related absence.

How & When to Request How & When to Request a Leave of Absence (Cont.) a Leave of Absence (Cont.)

•If the absence is related to a personal If the absence is related to a personal illness or illness of a family member, the illness or illness of a family member, the employee has the treating health care employee has the treating health care provider complete a CHCP form and provider complete a CHCP form and forward it to the HR Office to substantiate forward it to the HR Office to substantiate use of sick leave and other credits.use of sick leave and other credits.

•This will enable HR to make a This will enable HR to make a determination with respect to FMLA determination with respect to FMLA entitlement. entitlement.

When did the leave begin and how When did the leave begin and how long is it expected to last?long is it expected to last?

• A CHCP form should indicate the length of the leave and when such is expected to end. Based on the timeframe will generally determine how often additional medical may be required.

• If the personal leave duration continues beyond 3-4 months, a review of the employee’s employment history should be complete to determine if they are eligible for benefits such as LTD, disability retirement, and/or retiree health insurance.

Is the leave authorized and did the Is the leave authorized and did the employee follow proper call-in procedures?employee follow proper call-in procedures?

• Employees who are no call/no show (absent Employees who are no call/no show (absent extenuating circumstances) will not necessarily be extenuating circumstances) will not necessarily be eligible for authorized leave (pay) or designation of eligible for authorized leave (pay) or designation of retro FMLA. retro FMLA.

• Campuses may consult with the CS Attendance and Campuses may consult with the CS Attendance and Leave Unit before they delay the start of FMLA leave.Leave Unit before they delay the start of FMLA leave.

• Employees must be trained in proper call-in Employees must be trained in proper call-in procedures especially for 24/7 operations. procedures especially for 24/7 operations.

Is the leave authorized and did the Is the leave authorized and did the employee follow proper call-in procedures employee follow proper call-in procedures

(Cont.)?(Cont.)?• When the need for leave is foreseeable (i.e. expected birth or When the need for leave is foreseeable (i.e. expected birth or

planned medical treatment for a serious health condition of the planned medical treatment for a serious health condition of the employee or family member), the employee must give the employee or family member), the employee must give the employer 30 days advance notice before FMLA leave is to employer 30 days advance notice before FMLA leave is to begin.begin.

• When an employee seeks leave due to a FMLA-qualifying When an employee seeks leave due to a FMLA-qualifying reason for which the employer previously provided FMLA-reason for which the employer previously provided FMLA-protected leave (i.e. intermittent leave), the employee must protected leave (i.e. intermittent leave), the employee must specifically reference the qualifying reason for leave or the specifically reference the qualifying reason for leave or the need for FMLA leave upon call in.need for FMLA leave upon call in.

• An employee must minimally provide verbal notice sufficient to An employee must minimally provide verbal notice sufficient to make the employer aware that:make the employer aware that:– the employee needs FMLA-qualifying leave,the employee needs FMLA-qualifying leave,– the anticipated timing of such leave, andthe anticipated timing of such leave, and– the duration of the leave.the duration of the leave.

What type of documentation has What type of documentation has been provided to support authorized been provided to support authorized

leave?leave?• CHCP formCHCP form

• Injury Report for w/c injuries/illnessesInjury Report for w/c injuries/illnesses

• Orders for Military leave or exigencyOrders for Military leave or exigency

• Adoption/foster care court ordersAdoption/foster care court orders

Is the leave continuous or intermittent?Is the leave continuous or intermittent?• Indefinite or continuous leaves require determination as to FMLA Indefinite or continuous leaves require determination as to FMLA

exhaustion and CSL tracking of “one year” deadlines for Classified exhaustion and CSL tracking of “one year” deadlines for Classified service employees.service employees.

• Chronic Health Condition (self or family member) may cause Chronic Health Condition (self or family member) may cause unforeseeable/intermittent leaveunforeseeable/intermittent leave May consist of a period of incapacity or treatment for a serious May consist of a period of incapacity or treatment for a serious

health condition that:health condition that:• Requires periodic visits for treatment by a health care provider Requires periodic visits for treatment by a health care provider

(e.g., Doctor, PA, etc.)(e.g., Doctor, PA, etc.)• Continues over an extended period of timeContinues over an extended period of time• May cause episodic rather that continuing period of incapacityMay cause episodic rather that continuing period of incapacity• Absences may be fewer than 3 daysAbsences may be fewer than 3 days• Employee not required to see health care provider for each Employee not required to see health care provider for each

episodeepisodeGenerally more difficult to manage and track, therefore need to Generally more difficult to manage and track, therefore need to

place onus on employee to follow proper call in procedures. place onus on employee to follow proper call in procedures. Failure to do so may result in denial of FMLA protections.Failure to do so may result in denial of FMLA protections.

Is the leave due to a personal or Is the leave due to a personal or family illness?family illness?

• Different CHCP forms will be required Different CHCP forms will be required depending on personal or family illness.depending on personal or family illness.

• Amount of sick leave accruals and time Amount of sick leave accruals and time frame during which FSL may be used will frame during which FSL may be used will vary based on bargaining unit and is limited.vary based on bargaining unit and is limited.

Is the leave due to a work-related Is the leave due to a work-related injury/illness?injury/illness?

• Leaves will simultaneously be covered by FMLA (if based on a Leaves will simultaneously be covered by FMLA (if based on a “serious illness”) and must be designated in writing to the eligible “serious illness”) and must be designated in writing to the eligible employee.employee.

• Employees must call 888-800-0029 to report a work-related injury or Employees must call 888-800-0029 to report a work-related injury or illness. illness.

• Classified service employees may be due supplemental pay, with SIF Classified service employees may be due supplemental pay, with SIF determining level of compensation based on degree of injury.determining level of compensation based on degree of injury.

• Eligible CSEA and PEF represented employees may also be entitled Eligible CSEA and PEF represented employees may also be entitled to a supplemental wage payment not to exceed nine months per to a supplemental wage payment not to exceed nine months per injury injury

• Supplemental payments will be paid to employees whose disability Supplemental payments will be paid to employees whose disability is classified by the evaluating physician as "total" or "marked“is classified by the evaluating physician as "total" or "marked“

• The total of the statutory payment and the supplemental payment The total of the statutory payment and the supplemental payment provided equals 60 percent of employee’s pre-disability gross wagesprovided equals 60 percent of employee’s pre-disability gross wages

• Unclassified service employees on w/c have option of being paid by Unclassified service employees on w/c have option of being paid by SIF ($772 per week max.) or remaining in a full paid status using their SIF ($772 per week max.) or remaining in a full paid status using their available accruals.available accruals.

• Consider Mandatory Alternate Duty (“MAD”) for classified service Consider Mandatory Alternate Duty (“MAD”) for classified service employees if he/she is 50% or less disabled & expected to be fully employees if he/she is 50% or less disabled & expected to be fully cleared within 90 days of RTW.cleared within 90 days of RTW.

• Remain in contact periodically with leave employee.Remain in contact periodically with leave employee.

What type of paid status will the What type of paid status will the employee retain while on leave?employee retain while on leave?

• On-going leave supported by a CHCP form will require On-going leave supported by a CHCP form will require determination of accrual usage.determination of accrual usage.

• Sick leave at ½ pay entitlement for classified service Sick leave at ½ pay entitlement for classified service employees (verify no prior T&A NODs within the employees (verify no prior T&A NODs within the previous 12 month that will delay receipt of such previous 12 month that will delay receipt of such entitlement) OR additional sick leave for unclassified entitlement) OR additional sick leave for unclassified service employees.service employees.

• Leave Donations (verify no prior T&A NODs and Leave Donations (verify no prior T&A NODs and satisfactory evaluations within the last 3 years).satisfactory evaluations within the last 3 years).

• Charging off of “DRL” credits while on leave for CSEA Charging off of “DRL” credits while on leave for CSEA represented employees.represented employees.

• Empire Plan “waiver” form for employees in LWOP Empire Plan “waiver” form for employees in LWOP status.status.

Is the employee on probation/nonIs the employee on probation/nonrenewed (classified/unclassified renewed (classified/unclassified

service)?service)?• Both probationary and non-probationary employees will be Both probationary and non-probationary employees will be

entitled to CS Section 71 leave rights.entitled to CS Section 71 leave rights.• Probationary employees are not entitled to CS Section 73 Probationary employees are not entitled to CS Section 73

reinstatement rights.reinstatement rights.• Probationary employees who are absence for more that 10/20 full Probationary employees who are absence for more that 10/20 full

work days during probationary period of 26/52 weeks maximum work days during probationary period of 26/52 weeks maximum may have their probationary end date extended by the may have their probationary end date extended by the corresponding number of days absent (including FMLA corresponding number of days absent (including FMLA designated days for employee’s serving a promotional prob. designated days for employee’s serving a promotional prob. Period).Period).

• Non-renewal employee’s leaves cannot extend beyond separation Non-renewal employee’s leaves cannot extend beyond separation date.date.

Is the employee FMLA eligible & if so Is the employee FMLA eligible & if so is the leave covered by FMLA?is the leave covered by FMLA?

• Employee must have been Employee must have been employedemployed for at least 12 months & for at least 12 months & workedworked at least 1,250 hours in the 12 months prior to the leave at least 1,250 hours in the 12 months prior to the leave request.request.

• Absences resulting from a personal/family member (child, parent Absences resulting from a personal/family member (child, parent or spouse) serious health condition that makes employee unable to or spouse) serious health condition that makes employee unable to perform the functions of his/her job.perform the functions of his/her job.

• The campus must notify the employee concerning their eligibility The campus must notify the employee concerning their eligibility for leave.for leave.

• Upon receipt of satisfactory medical documentation, the agency Upon receipt of satisfactory medical documentation, the agency must notify the employee of designation of the leave as FMLA-must notify the employee of designation of the leave as FMLA-qualifying using DOL forms.qualifying using DOL forms.

• Update CHCP form required for continuous, intermittent or new Update CHCP form required for continuous, intermittent or new absences due to a qualifying serious health condition after the absences due to a qualifying serious health condition after the start of every new year.start of every new year.

When an employee is cleared When an employee is cleared to Return to Work?to Return to Work?

• The CHCP form must indicate when an employee can The CHCP form must indicate when an employee can return to work BEFORE the employee is allowed to report.return to work BEFORE the employee is allowed to report.

• If the CHCP indicates that the employee can return to If the CHCP indicates that the employee can return to work with any restrictions (hours or duties), the HR Office work with any restrictions (hours or duties), the HR Office should be contacted to review. w/ mgr. temporary light should be contacted to review. w/ mgr. temporary light duty assignment.duty assignment.

• If accommodations can be made a “Temporary Work If accommodations can be made a “Temporary Work Restriction” memo outlining the nature and duration of Restriction” memo outlining the nature and duration of the restricted duty is issued and signed by the employee the restricted duty is issued and signed by the employee and supervisor.and supervisor.

When an employee is cleared to When an employee is cleared to Return to Work (Cont.)?Return to Work (Cont.)?

• An employee who makes a “miraculous” recovery subsequent to An employee who makes a “miraculous” recovery subsequent to receiving a pre-term or termination notice pursuant to Section 71 receiving a pre-term or termination notice pursuant to Section 71

or 73 should generally be scheduled for a rtw exam through Albany or 73 should generally be scheduled for a rtw exam through Albany Employee Health (AEH).Employee Health (AEH).

• If an employee is cleared with “permanent” restrictions or is If an employee is cleared with “permanent” restrictions or is “disabled” per the ADA/NYSDHR definition, engage in a documented “disabled” per the ADA/NYSDHR definition, engage in a documented interactive dialog with employee in order to determine what interactive dialog with employee in order to determine what *reasonable accommodations *reasonable accommodations can be provided that will allow him/her can be provided that will allow him/her to perform the essential functions of their job without creating an to perform the essential functions of their job without creating an “undue hardship” or threatens the health/safety of themselves or “undue hardship” or threatens the health/safety of themselves or others.others.

*May include scheduling adjustments , reduced FTE, job reassignment, *May include scheduling adjustments , reduced FTE, job reassignment, 55b appointment, or job re-structuring.55b appointment, or job re-structuring.

Case StudyCase Study

•On December 1, 2011, a full-time CSEA-represented On December 1, 2011, a full-time CSEA-represented employee with five years of service is hit by an employee with five years of service is hit by an automobile in the traffic circle on campus on her way automobile in the traffic circle on campus on her way to report to work. to report to work.

•She is taken to the Emergency Room and is She is taken to the Emergency Room and is admitted for six consecutive days. admitted for six consecutive days.

•You receive documentation from the employee’s You receive documentation from the employee’s doctor that indicates that she cannot return to work doctor that indicates that she cannot return to work until March 16, 2012. until March 16, 2012.

Case Study ContinuedCase Study Continued

• What forms need to be completed when you What forms need to be completed when you become aware of the December 1 accident? become aware of the December 1 accident? Why?Why?

• What portion of this leave (if any) will be What portion of this leave (if any) will be considered qualifying leave under the FMLA?considered qualifying leave under the FMLA?

• What possible sources of income replacement What possible sources of income replacement might this employee be eligible to receive? might this employee be eligible to receive?

•On March 16, 2012, the employee calls her supervisor On March 16, 2012, the employee calls her supervisor and states that she will need to be absent from work for and states that she will need to be absent from work for another two weeks. another two weeks.

•On March 20 you receive a CHCP form that states the On March 20 you receive a CHCP form that states the employee can return to work on April 1st, but the employee can return to work on April 1st, but the following restrictions will apply for a period of six weeks:following restrictions will apply for a period of six weeks:

-Can’t work in excess of three days each week-Can’t work in excess of three days each week-Can’t lift more than 20 pounds-Can’t lift more than 20 pounds-No prolonged standing-No prolonged standing

•The CHCP also indicates that a follow-upThe CHCP also indicates that a follow-up visit has visit has been scheduled for April 14been scheduled for April 14

Case Study ContinuedCase Study Continued

• On March 16, what do you tell the employee On March 16, what do you tell the employee when she calls to say that she will be out when she calls to say that she will be out another two weeks?another two weeks?

• What do you do when you receive the March 20 What do you do when you receive the March 20 Certification of Health Care Provider?Certification of Health Care Provider?

• If the employee returns to work on light duty on If the employee returns to work on light duty on April 1 for six weeks and is once again absent April 1 for six weeks and is once again absent due to the same injury, what actions can you due to the same injury, what actions can you take?take?

Case Study ContinuedCase Study Continued

Case Study ContinuedCase Study Continued

• What happens if the employee remains out of work What happens if the employee remains out of work for a cumulative period of one year? for a cumulative period of one year?

• Can the employee be counseled or disciplined for Can the employee be counseled or disciplined for her absence starting December 1, 2011?her absence starting December 1, 2011?

• How, if at all, would your answers to the questions How, if at all, would your answers to the questions

noted above have changed if the employee had a noted above have changed if the employee had a history of documented time and attendance history of documented time and attendance abuses?abuses?

Any Questions-Any Questions-Thank YouThank You