NYC Dept of Education Leaves of Absence School

NYC Dept. of Education Leaves of Absence School Secretary Professional Development Day 2010 1

What you can expect o This presentation will: n n n Provide updates Clarify policies Offer tips to streamline application processing 2

On the Agenda o o o o Line of Duty Injury (LODI) Sabbaticals Family & Medical Leave Act (FMLA) Administrative Staff Leaves Return from Leaves Principal’s Responsibility Timekeeping Q&A 3

Line of Duty Injury 4

What is LODI? o o Line of Duty Injury Accident or incident while employee is working Applies to licensed pedagogue (plus UFT educational paraprofessionals and DC 37 family paraprofessionals/school aides in the case of assault) For other titles, file C 2 form for Worker’s Compensation online at Dept. of Labor website 5

Roles in the LODI Process o o o Employee Payroll Secretary Principal Superintendent Leaves Admin Office 6

The Employee Should… o o o Report the incident within 24 hours Complete and sign the written statement Sign and date the Comprehensive Injury Report (CIR) Fact Sheet Obtain medical documentation from their physician on the OP 198 or OP 407 Complete the Assignment form OP 200 7

Payroll Secretary/OORS Administrator Role o o o o o Enter the 46 PLD in EIS timekeeping screen(s) (9. 1. 1 or 9. 2. 1) Log the incident in Online Occurrence Reporting System (OORS) Download the reports from OORS Ensure the written statement is complete and signed Complete an OP 198 and ensure the principal signs the form Ensure that the employee returns the OP 200 signed and notarized, and that it is placed in the employee’s file Send all Comprehensive Injury Report (CIR) forms, along with the principal’s recommendation, to the superintendent for a signed determination Ensure that the superintendent returns the CIR-Fact Sheet with their signed determination Gather OP 198, Comprehensive Injury Report, and the written statement, and forward to the HR Connect Leaves Administration for processing LODI that does not result in an absence should be filed at the school 8

The Principal’s Role o o Investigate the incident Provide recommendation to the superintendent within 24 hours 9

Superintendent’s role o o Sign and indicate a determination on the Comprehensive Injury Report-Fact Sheet Return report to school within 5 days 10

Leaves Admin Office Role o o o Process the application Log determination in EIS medical screen Send approval/denial, letter and OP 198 back to the school and employee 11

Common Delays o o Principal’s determination missing on OP 198 for shortterm LODI Superintendent’s signature and/or determination missing 12

Short-Term LODI Considerations o o o LODI that does not result in an absence should be completed and signed by the superintendent and kept at the school The principal has the authority to approve leaves of 10 days or less resulting from LODI However, in cases where principals have concerns, these cases will be subject to review by the Medical Administration Office. 13

Sabbatical Leaves for Study or Restoration of Health 14

What is a Sabbatical? o o o Paid leave intended to give the pedagogical employee an opportunity to return as a stronger asset to DOE Two main types of sabbaticals n Study n Restoration of Health Eligibility requirements are based on years of service, types of service credited, prior sabbatical leave charged against entitlement, and service required immediately prior to sabbatical leave 15

Roles in the Sabbatical Leave process o o o Employee Principal Payroll Secretary Superintendent Leaves Administration Office 16

The Employee’s Role o o o o Complete OP 8 and statement by applicant for UFT Sabbatical leave of absence (attachment #4) Complete OP 407 (health only) Provide principal with prescribed coursework (study only) and OP 8 for approval Note: Online coursework is not acceptable Send application to the HR Connect Leaves Administration Office after obtaining principal and superintendent signature Complete Addendum form to study sabbatical application and obtain superintendent’s signature if coursework changes At the conclusion of Study Sabbatical, send official transcripts to the HR Connect Leaves Administration Office Employee must return to service to fulfill sabbatical return requirements 17

The Principal’s Role o o Sign to indicate approval decision (study only) or acknowledge receipt of the application (health) Forward OP 8 to Superintendent 18

Payroll Secretary o o o Work with the principal to ensure that paperwork is submitted to the superintendent Ensure timekeeping is up-to-date Advise employees regarding the consequences for failure to return from sabbatical leave 19

Superintendent’s role o o o Review coursework (study sabbatical only) Ensure that coursework is taken during business hours Sign and indicate a determination Return application to the school if denied Forward approved applications to the HR Connect Leaves Administration Office 20

Leaves Admin Office Role o o Process the application Enter transaction in NYCAPS Send approval/denial letter back to the school and employee Validate coursework at conclusion of study sabbatical 21

Common Delays o o Statement by applicant for UFT Sabbatical leave of absence (attachment #4) missing Superintendent signature missing Timekeeping not up-to-date for less than 6 month health sabbatical Study sabbatical applications that arrive after the due date 22

Other Sabbatical Considerations o o o Final approval of sabbaticals is NOT complete until the Leaves Administration office has administratively approved the leave Study Sabbaticals that involve travel are not approved It is very important that the submission happens in a timely fashion 23

Family and Medical Leave Act 24

What is FMLA? o o o Family & Medical Leave Act (federal law) Secures job and benefits while out for qualifying family or medical reasons Eligible employees are entitled to 12 weeks per 12 month period 25

FMLA Eligibility o o Must be an active employee for a minimum of 12 months of city service prior to the leave OR Must have worked a minimum of 1250 hours (city service) in the immediate 12 months prior to the leave 26

FMLA Qualifying Events o o Maternity Child Care n n n o o New baby Adoption Foster Care of a seriously ill spouse, parent or child Restoration of Health (Own serious health condition) 27

Roles in the FMLA Leave process o o Employee Principal Payroll Secretary Leaves Administration Office 28

The Employee’s Role o o o Complete application Work with Payroll Secretary to understand the breakdown (paid/unpaid) of their leave Submit completed, signed application and supporting docs to the HR Connect Leaves Administration Office 29

The Principal’s Role o Sign all forms 30

Payroll Secretary o o o Ensure timekeeping is up-todate Complete OP 198 if applicable Work with employee to help them understand the breakdown of their leave (paid/unpaid) 31

Leaves Admin Office Role o o o Process the application Enter transaction in NYCAPS Send approval/denial letter to the school and employee 32

Common Delays o o o Misunderstanding "paid" and "unpaid" FMLA and when the 12 -week count begins Using old FMLA application which does not indicate "Date Employee Comes Off Payroll" Submission of applications for employees who are not eligible 33

Other FMLA Considerations o o Paid and unpaid both count towards FMLA SLOAC Entitlements 34

Restoration of Health Example 12 weeks (Paid and Unpaid FMLA) Start of Leave Start of SLOAC FMLA (Paid) Start of COBRA FMLA (Unpaid) 8 weeks Accrued Leave SLOAC (Unpaid) - if applicable Sick (Unpaid) 4 weeks 12 weeks Remainder of Leave End of 35 Leave

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Employee Role o If the employee wants to extend or apply for a new leave: n Complete application o o o n PD 6 for health FMLA Letter of Request for child care or other non-medical leave Provide documentation (for example, copy of birth certificate or footprints for child care leave) n Obtain supervisor approval and signature 37

Leaves Administration Role o o Process application Send approval/denial to supervisor and employee Enter leave of absence in NYCAPS Return applicant from leave of absence in NYCAPS 38

Returning from a Leave of Absence 39

Return From Leave Tracking System (LTS) o o Tracks employees’ intentions upon expiration of their leave Helps schools and CFNs to make budgeting and hiring decisions for the coming school year 40

Roles in the Return from Leave process o o Employee Payroll Secretary Principal Leaves Administration Office 41

The Employee’s Role o o o Log in to the Leave Tracking System Enter intention Call school Other actions as required (depending on the employee’s intention) For technical support call HR Connect 42

Payroll Secretary o o o Review report Work with principal to discuss who is coming back and who is not Email LRSSupport@schools. nyc. gov if you need a user account 43

Principal Role o o Returns Principal validates return Creates job ID for return 44

Leaves Admin Office Role o If the employee wants to extend or apply for a new leave: n n n Process the application Enter transaction in NYCAPS Send approval/denial letter to the school and employee 45

Common Delays o o Employee fails to enter intention Employee does not submit leave application and supporting documentation after submitting their intention in the Leave Tracking System 46

Additional Information for Principals 47

Other Considerations for Principals o o Replacement strategy for employees—substitutes must be used to replace a person on a leave for less than one year We are now accepting email signatures 48

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Maternity o o o From date of birth up to six weeks (8 weeks cesarean) May borrow up to 20 CAR days if CAR balance has been exhausted, but not beyond the 6 or 8 week maternity leave Entitled to one calendar month of Grace Period per school year; must be used during 6 or 8 week maternity leave Employee must return to work after the 6 or 8 weeks or apply for a leave of absence without pay for child care Admin employees can use annual time during child care leave 50

Timekeeping Maternity – Case Studies 1 st Day Absent: Teacher Borrow Grace Period 01/05/2009 + 47 CAR Balance 20 CAR 30 Calendar days Baby DOB: 6 Weeks FMLA Entitlement ends: 02/06/2009 03/19/2009 03/29/2009 12 weeks 01/05/2009 Commencement date of Leave: What date goes on the FMLA application? 01/05/2009 to 3/29/2009 Probable date of return: 03/30/2009 When did the teacher go off payroll? 03/20/2009 Benefits are automated for pedagogical employee in NYCAPS Unpaid FMLA SLOAC o o 03/20/2009 Not entitled during child care The 23 CAR days used prior to DOB were medically certified No paid option after maternity 51

Restoration of Health o o Must exhaust Cumulative Absence Reserve (CAR) days May borrow up to 20 CAR days if CAR days have been exhausted Entitled to one calendar month of Grace Period per school year After exhausting timekeeping options, teacher must return to work or apply for a leave of absence for restoration of health leave without pay 52

Timekeeping Restoration of Health-Case Studies 1 st Day Absent: Teacher Borrow Grace Period FMLA Entitlement ends: Probable date of return o o o 11/03/08 + 24 Car Balance - 06 Car Days 30 Calendar Days 01/25/2009 05/18/2009 What is the duration of FMLA entitlement? From: 11/3/2008 TO: 01/25/2009 What date did the teacher go off payroll? 01/17/2009 SLOAC runs concurrently with unpaid FMLA unpaid SLOAC 01/17/2009 – 01/25/2009 01/17/2009 – 05/17/2009 53

Leaves Distribution Worksheet Case # _1 -12345678_______ Employee EIS#_01234567_____ Leave Type _Restoration of Health_____ EIS NYCAPS Requested Leave Start date: 11/03/2008 End date: 05/17/2009 Approved Leave (W/O PAY) Start date: 01/17/2009 End date: 05/17/2009 Leave type CAR (EIS) Start date End date Total number of school days/weeks 11/03/08 12/08/08 24 12/09/08 12/16/08 06 Grace Period 12/17/08 01/16/09 15 Paid FMLA 11/03/08 01/16/2009 Unpaid FMLA 01/17/2009 01/25/2009 SLOAC 01/17/2009 05/17/2009 Annual/Sick Usage (NYCAPS) Borrowed days HRIS code 54

Line of Duty Injury (LODI) o If LODI is pending a medical determination n Determine the number of days in CAR or sick bank Add a reserve of 20 days (borrowed) To that total add up to one calendar month of absence (grace period) 55

Timekeeping Line of Duty Injury – Case Studies Date of accident: Teacher Borrow Grace Period 11/03/2008 + 30 CAR Balance 12/17/2008 - 20 CAR 01/26/2009 30 Calendar days 02/25/2009 What date should the teacher put on the OP 160? 02/26/2009 Benefits are automated for pedagogical employee in NYCAPS 02/26/2009 to 06/26/2009 o o Absences should be coded as 46 PLD. If LODI is pending medical review beyond CAR balance, the payroll secretary should calculate CAR, Borrowed and Grace Period and stop direct deposit before Grace Period begins. Checks should be returned. 56

Leaves Distribution Worksheet Case # _______ Employee #_____ Leave Type _____ EIS NYCAPS Requested Leave Start date: End date: Approved Leave (W/O PAY) Start date: End date: Leave type Start date End date Total number of school days/weeks HRIS code CAR (EIS) Annual/Sick Usage (NYCAPS) Borrowed days Grace Period Paid FMLA Unpaid FMLA SLOAC 57

Helpful Hints o o Direct deposit should be stopped when grace period (46 GRN) is to be entered Understand Grace Period codes Clearly enter time usage on the OP 198 form when applicable (CAR, borrowed and grace) Follow-up with employees who do not return from leave to ensure leave extension or separation from service options are taken 58

For more information… o Contact HR Connect n n Phone (718) 935 -4000 Fax (718) 935 -4350 o Visit the DHR website http: //schools. nyc. gov/Offices/DHR o Consult your local CFN 59