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Fmla Ada Adaaa


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Fmla Ada Adaaa

  1. 1. Office of Employee Services FMLA/ADA/ADAAA January 5, 2011Valley City State University
  2. 2. Office of Employee Services Leave FMLA WSI ADAAA of AbsenceValley City State University
  3. 3. Office of Employee Services FMLA • Family & Medical Leave Act • Became law August 6, 1993 • FMLA must be offered by companies with 50+ employees within a 75 mile radius of the worksiteValley City State University
  4. 4. Office of Employee Services Qualifying Reasons • Provides employees 12 weeks of unpaid leave during a 12 month period ▫ Birth, adoption, or foster care of a child ▫ Employee’s serious health condition ▫ Family member’s serious health condition ▫ Exigency Leave (only for reserves, national guard, etc.) • Provides employees up to 26 weeks unpaid leave in a 12 month-period ▫ Military Caregiver Leave – Covered Service MemberValley City State University
  5. 5. Office of Employee Services Serious Health Condition • Long-term/terminal illness • Injury • Impairment • Physical or mental condition that involves: ▫ Overnight stay as an inpatient ▫ Continuous treatmentValley City State University
  6. 6. Office of Employee Services Eligibility & FMLA Management • Employed 12 months • Worked 1,250 hours during the past 12 months • Managed on a rolling (backward) 12-month calendar year • Earn time back as it was used 12-months laterValley City State University
  7. 7. Office of Employee Services FMLA Begins… • After 3 consecutive days of absence • Contact Director of Human Resources • Evaluate: ▫ Employee Eligible?  1 yr, 1250 hours ▫ How long have they been out?  3 consecutive days • Employee needs to complete paperworkValley City State University
  8. 8. Office of Employee Services Paperwork & Documentation 1. HR notifies employee they are/not eligible 2. If eligible: ▫ Provide employee paperwork for doctor to complete and notice of rights 3. Paperwork is sent back to Director of HR and kept in confidential medical file 4. Director of HR confirms/denies FMLA leave 5. Director of HR confirms dates of absence with supervisor and provides sheet to track leave 6. Follow-up from employee and doctor monthlyValley City State University
  9. 9. Office of Employee Services Why all this work? • FMLA is an employee’s right. • Always good to be sure employees are sick. • Recent legal action: ▫ 12/20/2010 – Verizon agrees to settle in class action suit that can cost them over $6 million for denying FMLA claims between 2007-2010.Valley City State University
  10. 10. Office of Employee Services Employee Rights • Return to a position with equal pay and benefits • Use paid leave concurrently with unpaid time (required by VCSU) ▫ Sick Leave ▫ Annual Leave ▫ Comp Time (New) ▫ Donated Leave • View the NDUS FMLA PolicyValley City State University
  11. 11. Office of Employee Services Supervisor Responsibilities • Call the Director of HR with early notice and begin a dialogue ▫ Faculty will also need to inform the VPAA ▫ Faculty leave may be measured differently • Track leave time of absence ▫ Supervisors see the employee and know when they are present (or not) • Remain in contact with the employee. ▫ Be supportive ▫ Assist with accommodations where capableValley City State University
  12. 12. Office of Employee Services Questions?Valley City State University
  13. 13. Office of Employee Services ADA/ADAAAValley City State University
  14. 14. Office of Employee Services ADA/ADAAA • Americans with Disabilities Act / Amended Act • July 26, 1990 signed into law ▫ 25 or more employees • July 26, 1992 signed into law ▫ 15 or more employees • January 1, 2009 ADAAA made law ▫ There aren’t published regulationsValley City State University
  15. 15. Office of Employee Services Disability Definition • Has a mental or physical impairment that substantially limits one or more life functions OR • Has a record of such an impairment OR • Is regarded as having such an impairmentValley City State University
  16. 16. Office of Employee Services Accommodation • Employer must provide reasonable accommodation to an employee with a disability • Reasonable is not defined, but should not cause undue hardship to the employer • How do we determine? ▫ Documentation from the doctor ▫ Position Description sent to doctor ▫ Budget expenditure amountValley City State University
  17. 17. Office of Employee Services Comparison FMLA ADA/ADAAA • Required to attempt to • NOT required to attempt to provide light duty provide light duty • Can return to original • Can return to original position position • Can Return to Equivalent • Can Return to Equivalent position position • Can NOT offer lower position • Can offer lower position that can accommodate that can accommodateValley City State University
  18. 18. Office of Employee Services Supervisor Responsibilities • Work with the Director of HR and the employee ▫ Get appropriate information to know how to accommodate • Document wisely ▫ Poor performers may choose not to disclose a disability ▫ Be aware of actions and share dialogue with them • Be careful of conclusions and instead confrontValley City State University
  19. 19. Office of Employee Services Questions?Valley City State University
  20. 20. Office of Employee Services Roundtable DiscussionValley City State University
  21. 21. Office of Employee Services Time away from work… • Office Hours? • Rest Periods • Flexible SchedulingValley City State University
  22. 22. Office of Employee Services Scenario Bill is a high-performing, salaried employee that is always willing to take on more for the good of the department/team. He shows up early to be prepared to start his shift, and seeks approval before acquiring overtime. Brian is an moderate, salaried employee at best. He is often 2-3 minutes late, and is always ,“Way too busy,” to help other employees out. He has missed some major deadlines and forgets to ask for overtime because he was busy.Valley City State University
  23. 23. Office of Employee Services Questions… 1. Bill comes to you at noon on Wednesday and explains he has been trying to get his car to the shop but they have been booked a month out. Today they had a cancellation and he want to leave at 4:00PM even though there is a team-deadline by the end of the day. What do you say? 2. Brian, having observed Bill, comes to you at 2:00PM the next day with the same scenario wanting to leave at 4:00PM even though there is another team-deadline. He informs you he worked through lunch so he wouldn’t have to take leave. What do you say? 3. Brian comes to you on Friday afternoon and informs you he worked 1 hour late Monday-Thursday to complete his work. To keep from overtime he now wants to leave at noon on Friday. What do you say? 4. Bill comes to you on Friday afternoon and informs you he worked 1 hour late Monday-Thursday to complete his work. To keep from overtime he now wants to leave at noon on Friday. What do you say?Valley City State University
  24. 24. Office of Employee Services Pressing Items? Agenda for next meeting?Valley City State University