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Leaves, absences, and accommodations 2019

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Training for supervisors on leaves absences, and accomodations, covering FMLA and Worker's Compensation.

Published in: Leadership & Management
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  • DOWNLOAD FULL. BOOKS INTO AVAILABLE FORMAT, ......................................................................................................................... ......................................................................................................................... 1.DOWNLOAD FULL. PDF EBOOK here { https://tinyurl.com/y8nn3gmc } ......................................................................................................................... 1.DOWNLOAD FULL. EPUB Ebook here { https://tinyurl.com/y8nn3gmc } ......................................................................................................................... 1.DOWNLOAD FULL. doc Ebook here { https://tinyurl.com/y8nn3gmc } ......................................................................................................................... 1.DOWNLOAD FULL. PDF EBOOK here { https://tinyurl.com/y8nn3gmc } ......................................................................................................................... 1.DOWNLOAD FULL. EPUB Ebook here { https://tinyurl.com/y8nn3gmc } ......................................................................................................................... 1.DOWNLOAD FULL. doc Ebook here { https://tinyurl.com/y8nn3gmc } ......................................................................................................................... ......................................................................................................................... ......................................................................................................................... .............. Browse by Genre Available eBooks ......................................................................................................................... Art, Biography, Business, Chick Lit, Children's, Christian, Classics, Comics, Contemporary, Cookbooks, Crime, Ebooks, Fantasy, Fiction, Graphic Novels, Historical Fiction, History, Horror, Humor And Comedy, Manga, Memoir, Music, Mystery, Non Fiction, Paranormal, Philosophy, Poetry, Psychology, Religion, Romance, Science, Science Fiction, Self Help, Suspense, Spirituality, Sports, Thriller, Travel, Young Adult,
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Leaves, absences, and accommodations 2019

  1. 1. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Presented by Kris Maloney Office of Human Resources Leaves, Absences, and Accommodations
  2. 2. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 1. Americans with Disabilities Act (ADA) 2. Family and Medical Leave Act (FMLA) 3. Worker’s Compensation (WC) Disability, Injuries & Leave: The Big Three
  3. 3. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 1. The majority of unscheduled absences are related to the illness of employees or their family members. One, both, or all three of these laws may be involved. 2. Violations of these laws may result in lost wages, back pay, reinstatement, retroactive benefits, compensatory damages, and punitive damages. 3. Employers have a duty to ensure that employees receive the benefits and protections these laws provide. The Laws Interact
  4. 4. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 1. ADA – protects applicants and employees who are “qualified individuals with a disability.” 2. FMLA – sets minimum leave standards for employees for the birth and newborn care of a child, placement of a child for adoption or foster care, to care for an immediate family member with a serious health condition, and for the employee’s serious health condition. New Military component. 3. Workers’ Compensation - provides for payment of compensation and rehabilitation for workplace injuries and minimizes employer liability. Brief Overview
  5. 5. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Employee Eligibility •ADA – Employee (or applicant) who is disabled as defined by the ADA; qualified for the position; can perform the essential functions of the position, with or without a reasonable accommodation. •FMLA – Employee who has worked at least 12 months and 1250 hours prior to the start of the leave; works at a worksite where there are 50 or more employees within a 75-mile radius. •Workers Compensation – Employee who has an injury arising out of or in the course of employment - state law exceptions possible for willful misconduct or intentional self-inflected injuries, willful disregard of safety rules, or intoxication from alcohol or illegal drugs. Interplay - Employee Eligibility
  6. 6. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Length of Leave •ADA – No specific limit for the amount of leave that would be provided as a reasonable accommodation that does not create an undue hardship on the employer. •FMLA – 12 weeks in the 12 month period as defined by the employer •Workers’ Compensation – No specific limit for the amount of leave an injured worker may have. Interplay - Length of Leave
  7. 7. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Medical Documentation •ADA – Only medical examinations or inquiries regarding an employee’s disability that are job-related and limited to determining ability to perform the job and whether an accommodation is needed and would be effective. •FMLA – Medical certification of the need for the leave not to exceed what is requested in the Department of Labor (DOL) Medical Certification Form. •Workers’ Compensation – Medical information that pertains to the employee’s on-the-job injury. Interplay - Medical Documentation
  8. 8. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Restricted or Light Duty •ADA – Required to be offered, if it is a reasonable accommodation that does not create an undue hardship on the employer. •FMLA – Cannot be “required”. •Workers’ Compensation – Ought to be offered if available as it may eliminate the employee’s entitlement to the wage replacement benefit. Interplay - Light Duty
  9. 9. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Fitness-to-Return-to-Work Certification • ADA –Permitted as long as the medical examination and inquiry is job-related and necessary to determine whether the employee can perform the essential functions of the job. • FMLA – Can only be required under a policy or practice that requires employees who have been on a similar type of leave of absence • Workers’ Compensation – May be and is typically required. Interplay - Fitness for Duty
  10. 10. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Benefits While on Leave •ADA –No specific requirements but cannot discriminate and must provide same benefits as those provided to employees on non-ADA leave of absence. •FMLA – Health coverage must be continued at same level as prior to the leave. •Workers’ Compensation – Not required to continue unless run concurrently with FMLA leave. Interplay - Benefits While on Leave
  11. 11. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Reinstatement • ADA –Required reinstatement to previous job unless doing so would create an undue hardship on the employer. • FMLA – Required reinstatement to the same or an equivalent job. NO undue hardship exception. • Workers’ Compensation – No reinstatement rights , except for retaliatory discharges. Interplay - Reinstatement
  12. 12. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Topics of Discussion: •Employer Coverage and Employee Eligibility •Qualifying Reasons for Leave •Amount of Leave •Employer Rights and Responsibilities •Employee Rights and Responsibilities •Military Family Leave Provisions Introduction to the FMLA
  13. 13. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 • Private sector employers with 50 or more employees • Worked at least 12 months • Have at least 1,250 hours of service during the 12 months before leave begins – Does vacation time count towards 1,250 hour requirement? - NO • Employed at a work site with 50 employees within 75 miles Employee Eligibility
  14. 14. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Eligible employees may take FMLA leave: • For the birth or placement of a child for adoption or foster care • To care for a spouse, son, daughter, or parent with a serious health condition • For their own serious health condition • Because of a qualifying reason arising out of the covered active duty status of a military member who is the employee’s spouse, son, daughter, or parent (qualifying exigency leave) • To care for a covered service member with a serious injury or illness when the employee is the spouse, son, daughter, parent, or next of kin of the covered service member (military caregiver leave) Qualifying Leave Reasons
  15. 15. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 • Parent - A biological, adoptive, step or foster father or mother, or someone who stood in loco parentis to the employee when the employee was a son or daughter. Parent for FMLA purposes does not include in-laws. • Spouse - A husband or wife as defined under state law, including common law marriage where recognized. • Son or Daughter - For leave other than military family leave, a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either under 18 years of age, or 18 or older and incapable of self-care because of a mental or physical disability. Qualifying Family Members
  16. 16. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 • Both the mother and father are entitled to FMLA leave for the birth or placement of the child and/or to be with the healthy child after the birth or placement (bonding time) • Employees may take FMLA leave before the actual birth, placement or adoption – incapacitation. • Leave must be completed by the end of the 12-month period beginning on the date of the birth or placement Qualifying Leave Reasons: For the Birth or Placement of a Child
  17. 17. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Illness, injury, impairment or physical or mental condition involving any of the following: • Inpatient Care, overnight stay in a hospital, hospice, or residential medical facility • Continuing Treatment by a Health Care Provider Qualifying Leave Reasons: Serious Health Condition
  18. 18. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Continuing Treatment by a Health Care Provider • Incapacity Plus Treatment • Pregnancy • Chronic Conditions • Permanent/Long-term Conditions • Absence to Receive Multiple Treatments Qualifying Leave Reasons: Continuing Treatment
  19. 19. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Incapacity Plus Treatment •Incapacity of more than three consecutive, full calendar days that involves either: • Treatment two times by HCP (first in-person visit within seven days, both visits within 30 days of first day of incapacity) • Treatment one time by HCP (in-person visit within seven days of first day of incapacity), followed by a regimen of continuing treatment (e.g., prescription medication) • Incapacity due to pregnancy or prenatal care Continuing Treatment by a Healthcare Provider
  20. 20. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Chronic Conditions •Any period of incapacity or treatment due to a chronic serious health condition, which is defined as a condition that: • requires periodic visits (twice per year) to a health care provider for treatment • continues over an extended period of time • may cause episodic rather than continuing periods of incapacity – migraines, asthma, epilepsy, diabetes • A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective – stroke, terminal disease, Alzheimer's Continuing Treatment by a Healthcare Provider
  21. 21. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 • Employee is entitled to take intermittent or reduced schedule leave for: • Employee’s or qualifying family member’s serious health condition when the leave is medically necessary • Covered service member’s serious injury or illness when the leave is medically necessary • A qualifying exigency arising out of a military member’s covered active duty status • Leave to bond with a child after the birth or placement must be taken as a continuous block of leave unless the employer agrees to allow intermittent or reduced schedule leave Amount of Leave: Intermittent Leave
  22. 22. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 • When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt operations. • In such cases, the employee temporarily can be transferred to an alternative job with equivalent pay and benefits that accommodates recurring periods of leave better than the employee’s regular job. Intermittent Leave
  23. 23. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 • “Substitution” means paid leave provided by the employer runs concurrently with unpaid FMLA leave and normal terms and conditions of paid leave policy apply • Employees may choose, or employers may require, the substitution of accrued paid leave for unpaid FMLA leave • Employee remains entitled to unpaid FMLA if procedural requirements for employer’s paid leave are not met Substitution of Paid Leave
  24. 24. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 • Provide notice • Maintain group health insurance • Restore the employee to same or equivalent job and benefits Employer Responsibilities
  25. 25. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 • Within five business days of leave request (or knowledge that leave may be FMLA-qualifying) • Eligibility determined on first instance of leave for qualifying reason in applicable 12-month leave year • New notice for subsequent qualifying reason if eligibility status changes • Provide a reason if employee is not eligible • May be oral or in writing Employer Responsibilities: Provide Notice of Eligibility
  26. 26. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 • Provided when eligibility notice required • Must be in writing • Notice must include: • Statement that leave may be counted as FMLA • Applicable 12-month period for entitlement • Certification requirements • Substitution requirements • Arrangements for premium payments (and potential employee liability) • Status as “key” employee • Job restoration and maintenance of benefits rights Provide Notice of Rights and Eligibility
  27. 27. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 • Group health plan benefits must be maintained throughout the leave period • Same terms and conditions as if employee were continuously employed • Employee must pay his/her share of the premium • Even if employee chooses not to retain coverage during leave, employer obligated to restore same coverage upon reinstatement • In some circumstances, employee may be required to repay the employer’s share of the premium if the employee does not return to work after leave Employer Responsibilities: Maintain Group Health Plan Benefits
  28. 28. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 • Same or equivalent job • equivalent pay • equivalent benefits • equivalent terms and conditions • Employee has no greater right to reinstatement than had the employee continued to work • Bonuses predicated on specified goal may be denied if goal not met • Key employee exception Employer Responsibilities: Job Restoration
  29. 29. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Employers cannot: • interfere with, restrain or deny employees’ FMLA rights • discriminate or retaliate against an employee for having exercised FMLA rights • discharge or in any other way discriminate against an employee because of involvement in any proceeding related to FMLA • use the taking of FMLA leave as a negative factor in employment actions Prohibited Employee Actions
  30. 30. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 • Provide sufficient and timely notice of the need for leave • If requested by the employer: • Provide certification to support the need for leave • Provide periodic status reports • Provide fitness-for-duty certification Employee Responsibilities
  31. 31. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 • Provide sufficient information to make employer aware of need for FMLA-qualifying leave • Specifically reference the qualifying reason or the need for FMLA leave for subsequent requests for same reason • Consult with employer regarding scheduling of planned medical treatment • Comply with employer’s usual and customary procedural requirements for requesting leave absent unusual circumstances Employee Responsibilities: Notice Requirements
  32. 32. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Timing of Employee notice of need for leave: • Foreseeable Leave - 30 days notice, or as soon as practicable • Unforeseeable Leave - as soon as practicable Employee Responsibilities: Notice Requirements
  33. 33. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 • Medical Certification for serious health condition • Submit within fifteen calendar days • Employer must identify any deficiency in writing and provide seven days to cure • Annual certification may be required • Employee responsible for any cost Employee Responsibilities: Provide Certification
  34. 34. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 • Employer (not employee’s direct supervisor) may contact health care provider to: • Authenticate: Verify that the information was completed and/or authorized by the health care provider; no additional information may be requested • Clarify: Understand handwriting or meaning of a response; no additional information may be requested beyond what is required by the certification form • Second and third opinions (at employer’s cost) • If employer questions the validity of the complete certification, the employer may require a second opinion • If the first and second opinions differ, employer may require a third opinion that is final and binding Employee Responsibilities: Provide Certification
  35. 35. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Employee must respond to employer’s request for information about status and intent to return to work Employee Responsibilities: Provide Periodic Status Reports
  36. 36. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 • For an employee’s own serious health condition, employers may require certification that the employee is able to resume work • Employer must have a uniformly-applied policy or practice of requiring fitness-for-duty certification for all similarly-situated employees Employee Responsibilities: Fitness-for-Duty-Certification
  37. 37. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Employee (admin-exempt) has knee replacement Example 1 FMLA (protected unpaid leave) Employee STD (paid) Surgery 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Weeks Employee contacts HR to initiate FMLA paperwork Return to work PT or Light Duty Cont’d intermittent (protected unpaid leave)
  38. 38. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Pregnant employee (Support Staff/Non-Exempt) Example 2 FMLA (protected unpaid leave) Employee STD (paid at 60% of earnings) Baby is Born Mass Parental Leave (protected unpaid leave) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Weeks Bed Rest College parental leave policy (paid 100%) Supplement 40% Sick Time (when available) 8 weeks Sick Time 2 weeks 8 weeks
  39. 39. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Female pregnant employee (Admin/Exempt) Example 3 FMLA (protected unpaid leave) Employee STD (paid) Baby is Born Mass Parental Leave (protected unpaid leave) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Weeks Bed Rest College parental leave policy (paid) College parental leave for spouse (paid) 8 weeks total, must be used within 6 months Williams benefited spouse FMLA (protected unpaid leave) 8 weeks 8 weeks
  40. 40. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Birth / Adoption of a Child Example 4 FMLA (protected unpaid leave) Baby is Born Mass Parental Leave (protect unpaid leave) Vacation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Weeks College parental leave policy (paid) College parental leave for spouse (paid) 8 weeks total, must be used within 6 months Williams benefited spouse FMLA (protected unpaid leave) 8 weeks 4 weeks
  41. 41. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 FMLA Take-a-Ways Notify HR, and direct the employee to contact us when: • Individual missed three consecutive days of work • Consistently late or absent for health related reasons • Consistently late or absent for a family member’s health related reasons • Anticipated absence due to pregnancy, illness, or surgery
  42. 42. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Case Study 1 Mary is an hourly paid employee who has been missing work intermittently (using sick time) for several weeks for unknown reasons. As her supervisor how do you proceed?
  43. 43. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Case Study 2 John has disclosed his father has a serious health condition and he may need time away from work to care for him and bring him to medical appointments. As his supervisor how do you proceed?
  44. 44. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Case Study 3 Suzy recently fell at home and disclosed she has a head injury, she has missed three consecutive days of work. As her supervisor how do you proceed?
  45. 45. Supervisory Training Series: Communication & Self Management Kevin R.Thomas, Manager,Training & Development · Office of Human Resources · kevin.r.thomas@williams.edu · 413-597-3542 Links coming via email: Contact Kris Maloney at x4478 kmaloney@williams.edu Questions? • Course page link to all course materials • Program evaluation link, feedback welcome FMLA/ADA

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