Family Medical Leave Administration Program Staff Presentation Care

Family Medical Leave Administration Program Staff Presentation

Care. Works USA will administer the Family Medical Leave Benefit for Butler University This change took place on January 1, 2014

What to Expect When Partnering with Care. Works USA n. Fair and consistent administration of FMLA n. Compliance with FMLA regulations n. Streamlined process and ease of administration n. Simplified reporting through a 24/7 toll-free number n. Accurate FMLA tracking n. Employee satisfaction

What is FMLA? The Family Medical Leave Act of 1993 known as FMLA, is a federal law allowing eligible employees of a covered employer to take job-protected leave, for up to a total of 12 work weeks in any 12 -month period for: n n n Birth of a child. Adoption and foster care. Care of a spouse, child or parent with a serious health condition. The employee’s own serious health condition. Care of a spouse, child, parent or next of kin with a serious injury or illness incurred or exacerbated within 5 years of active duty in the Armed Forces (up to 26 weeks). Qualifying exigency arising out of the fact that a spouse, child or parent is on active duty in the Armed Forces or is deployed to a foreign country.

Eligibility Requirements - FML n Employed for 12 months (does not have to be consecutive time). n 1, 250 actual hours worked preceding the date of the requested leave. n Available FML hours. n Qualifying condition certified by a health care provider or meeting military family leave entitlement.

Serious Health Condition A medical condition that renders an employee unable to perform the essential functions of his/her job: n n n Incapacity of more than three days with treatment. Hospital Care. Pregnancy. Chronic conditions requiring treatment. Permanent or long term conditions. Multiple treatments.

Care of a Family Member Care of the employee’s spouse, domestic partner, child, or parent with a serious health condition n Qualifying family members: n 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. n Spouse or Domestic Partner – A husband or wife as defined or recognized in the state where the employee was married and includes individuals in a same-sex marriage or common law marriage. n Child – 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.

12 Month Calculation n Butler University uses a Rolling Calendar Back Calculation n This method looks back over the last 12 months from the date of the request, adds all FMLA time the employee has used during the previous 12 months and subtracts that total from the employee’s 12 -week leave allotment.

12 Month Calculation Example: John has been employed by Butler University since October 15, 2007. He needs to have surgery and will need to take 12 weeks of FMLA leave beginning on June 1, 2014. Actions: Care. Works USA reviews John’s record for the last 12 months (May 31, 2013 – June 1, 2014). It shows that John has not taken any FMLA leave in the last 12 months. Since there is no FMLA leave to deduct from John’s 12 -week entitlement, John is entitled to the full 12 weeks of FMLA leave for his surgery.

How Does The Program Work? Customized program materials are available for all employees.

New Leaves of Absence 1. Employee reports off of work to his/her Supervisor. 2. The employee must also call Care. Works USA to report a new claim that may qualify for FMLA. n Care. Works USA will send an email notification to the Supervisor and Human Resources Department to notify of the request for leave. n Employee must call Care. Works USA and report his/her absence to his/her Supervisor each time work is missed for an Intermittent FML.

Claim Packet n A claim packet will be mailed to the employee’s home within 2 business days from the date of request for leave. n The packet will include: n FMLA Rights and Responsibilities Letter n FMLA Certification Forms n Medical Release n Return to Work Release n Completed forms should be returned to Care. Works USA within 15 days of receipt.

Claim Packet-continued n Care. Works USA will call the employee between days 8 -10 of the 15 day timeframe if documentation is not returned. n Health care provider will need to complete the medical certification form. n If completed forms are not received, leave request may be denied any absent time may be unexcused.

Determination Made n Medical certification form is reviewed by Absence Management Specialist and RN. n Additional information will be obtained if necessary. n Approval/Denial of claim determined. n Employee is notified via letter of claim status. n Supervisor and Human Resources Representative is notified via e-mail of claim determination. n Employee is contacted by Care. Works USA throughout absence for claim updates and to ensure a smooth transition back to work.

Employee’s Responsibilities n. Notify your supervisor of your absence n. Call Care. Works USA to report your absence and/or make request for FMLA n. For Intermittent FMLA, must notify supervisor and Care. Works USA of any FMLA absence. n. Once packet is received, submit required paperwork by the due date provided in Care. Works USA correspondence n. For FMLA an employee must provide 30 days advance notice, unless the leave is not foreseeable. In this case, notice must be provided as soon as practical.

Employee’s Responsibilities n Employee must attempt to schedule intermittent leave so not to disrupt operations. n. For employee’s own serious medical condition, employee must submit completed Return to Work Certification to Care. Works USA prior to returning to work. n. Employee must enter the use of sick, personal, or vacation time on their timesheet.

Care. Works USA’s Administrative Role n. New FMLA initiation n. Certification packet sent to employee n. Employer notified of new FMLA request n. Medical Review n. Documentation review by Care. Works USA RN and any needed clarification made with medical provider n. Leave designation (Approval or Denial) n. Documentation of FMLA time utilized by employee n. Leave closure once employee returns to work or leave expires n. Answer questions for employees and supervisors

Coordination of Benefits n n FMLA WILL run concurrent with any Workers’ Compensation absence or Short Term Disability Claim. FMLA WILL run concurrent with Butler’s Income Protection (INP) Benefit, use of sick time is included in the use of INP for your own serious health condition. If FMLA overlaps fiscal years, the employee will be required to use any new available sick time while on leave. n Income protection at 100% of pay is provided for personal illness or non-work related injury for up to* sixty (60) calendar days. Medical certification required. Full-time regular staff are eligible for income protection after completing one year of continuous service. *The calculation is slightly different for intermittent leave because weekends are counted on a continuous leave.

Coordination of Benefits (continued) n n n Employees are required to use their available sick time while on leave for their own serious medical condition. The use of sick time must be entered on the employees’ timesheet by the employee or supervisor. n FMLA is an unpaid job protection and the employees’ sick time will provide compensation during the leave of absence. Employees WILL BE responsible to pay their Insurance Premium contribution while out on unpaid FMLA.

Contact Care. Works USA if you have: n An absence of more than 3 days for medical reason and/or family care. n Continued absences for the same reason and/or condition. n Continued absences for a qualifying family member. n Multiple doctor visits and/or treatments. n Anything you suspect that may qualify for FMLA.

Thank You! Please contact your Human Resources Office or Care. Works with questions.