Objective. Review leave and benefit programs for Faculty, Administrative Professionals and State Classified employees.

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1 Leave Management

2 Objective Review leave and benefit programs for Faculty, Administrative Professionals and State Classified employees. This presentation is not all inclusive and contains only general information as of Spring This summary should not be considered as a replacement for the more detailed information set forth in the certificates of coverage or master plan documents of benefit providers or information contained in the Faculty Manual or the State Personnel Board Rules. In the event of any discrepancies between the information in this document and in such other documents, the official documents will govern.

3 Confidentiality of Medical Information Employee medical information confidential under the: Americans with Disabilities Act of 1990 (ADA) Family and Medical Leave Act of 1993 (FMLA) Health Insurance Portability and Accountability Act of 1996 (HIPAA) Direct supervisors should not contact healthcare providers Maintain medical information in separate files Disclose medical information only to those who have a business need to know

4 Types of Leave Faculty, Administrative Professionals and State Classified Employees Annual Leave Sick Leave (Faculty, AP Sick Leave Advance) Family Medical Leave (FM Leave) Short Term Disability (STD) Long Term Disability (LTD) Parental Leave (Faculty, AP) Short Term Disability Leave (State Classified) Worker s Compensation/Injury Leave USERRA - Military Training and Military Service Leave Victim Protection Leave

5 Annual Leave Academic Faculty / Administrative Professional Annual Leave (12-Month Employees Only) (Governed by the Faculty Manual, Section F) (Appointments of less than full-time but at least half-time earn a pro-rated amount of annual leave based upon the number of days worked.) Regular or Special 2 Days 48 Day Max Use: Paid leave may be used for personal needs including vacation. Payout: When a Faculty or Administrative Professional has been employed by the University for at least six (6) months and ceases to be employed by the University, they shall be paid accrued annual leave up to the 24 day maximum, minus the number of days of annual leave taken during the 30 working days immediately prior to the date of separation from employment. State Classified (Governed by the State Personnel Board Rules, Chapter 5) (Part-time employees who work regular, non-fluctuating schedules earn a pro-rated amount of leave based on their regular work schedules.) Years Hours 192 Max Hours Years Hours 240 Max Hours Years Hours 288 Max Hours Years Hours 336 Max Hours Use: Paid leave may be used for personal needs including vacation. Payout: Upon separation, unused accrued annual leave is paid out, subject to the maximum accrual rate.

6 Sick Leave Academic Faculty / Administrative Professional Sick Leave (9 or 12-Month Employees) (Appointments of less than full-time but at least half-time earn a pro-rated amount of annual leave based upon the number of days worked.) Regular or Special 1.25 Days No Max Use: Used for treatment of and recovery from an employee s illness or injury, including treatment for alcoholism and drug addiction; may be used for medical/dental appointments, including routine exams. Up to 480 hours of accrued sick leave may be used for the care of a family member (spouse, domestic partner, civil union partner, parent or child), or an individual for whom the employee has responsibility to provide care, including a newborn son or daughter, or a child newly placed for adoption. Additional information is located in the HR Manual Section 2. Payout: Upon retirement eligibility from the University after at least 5 years of continuous benefits eligible service, employees are paid for ¼ of unused sick leave up to a maximum of 15 days. State Classified (Governed by the State Personnel Board Rules, Chapter 5) (Part-time employees who work regular, non-fluctuating schedules earn a pro-rated amount of leave based on their regular work schedules.) Years Hours 360 Max Hours Use: Sick leave is only for the health-related reasons of the employee, spouse, parent, or child under the age 18 (or an adult child incapable of selfcare), legal dependent or person in the household for whom the employee is the primary caregiver. Health reasons include diagnostic and preventative exams, treatment, and recovery including pregnancy and childbirth. Payout: Upon retirement, employees are paid ¼ of their unused sick leave, up to their individual cap. Note: An employee may have an individual maximum accrual rate that is greater than 360 hours if continuously employed in the state personnel system prior to 7/1/1988.

7 Sick Leave Advance Eligibility Sick Leave Benefits Use of Leave Accrual Rate Faculty on a regular, special or senior teaching appointment or regular or special Administrative Professionals are eligible for the Sick Leave Advance at the time of initial appointment. At the time of initial appointment, the employee shall receive an amount of sick leave equal to that which they are expected to earn during their first year of employment (120 hours). This initial year of sick leave is an advance and must be earned before any additional sick leave shall accrue. The sick leave advance could create an accrual deficit and it likely could take more or less than a year to recoup to a zero balance. Sick leave may be used for treatment of and convalescence from illness or injury, medical and dental appointments and medical treatment of a member of their immediate family as defined in the HR Manual. Employees who are 100% earn 10 hours of sick leave per month. Employees who are less than 100%, but at least 50%, earn 10 hours of Sick Leave per month pro-rated according to the percentage of time you are employed. It is possible that it will take the employee more or less than one (1) year to earn the amount of sick leave advanced and begin accruing additional sick leave (e.g. accruals at the time of a conversion, change in FTE, LWOP status, etc.)

8 Short Term Disability Faculty / Admin Professionals Monthly Premium Elimination Period Income Replacement Maximum Benefit Period Eligibility Date No cost to the employee 10 continuous working days of absence or when all sick and annual leave is exhausted, whichever is later 100% of covered monthly salary 60 working days Date of hire

9 Short Term Disability Monthly Premium Elimination Period Income Replacement Maximum Benefit Period Eligibility Date State Classified No cost to the employee 30 Calendar Days or exhaustion of all sick leave 60% of Pre-Disability Income 180 Calendar Days (Includes elimination period) Date of Hire STD Leave 1 year of service Submission of STD application within 30 days of absence (and approved) Job protection for up to 6 months

10 Parental Leave Parental Leave consists of 3 work weeks of paid time off to be used for the purpose of caring for and bonding with a newborn or newly adopted child. Parental Leave may be taken anytime within the first year after delivery/placement and it runs concurrently with Family Medical Leave. It can be combined with use of Sick and/or Annual leave, as appropriate, to provide income replacement for the FML leave period (up to 12 weeks). (NEW enhancements effective July 1, 2015; subject to HHS approval of the University Fringe Rate.)

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12 Long Term Disability

13 Long Term Disability Faculty / Admin Professionals State Classified Offset by other income benefits including Social Security, Worker s Compensation, disability benefits payable under any employer group insurance, retirement benefits or paid leave. Evidence of Insurability is required. Offset by other income benefits including Social Security, Worker s Compensation, disability benefits payable under any employer group insurance, retirement benefits or paid leave. Monthly Premium Elimination Period Income Replacement No cost to the employee 90 Calendar Days 60% Monthly Salary PERA 69% Monthly Salary DCP Monthly Premium Elimination Period Income Replacement Premiums determined by age, salary and PERA vested status 180 Days 60% Pre-Disability Income Maximum Benefit Period Determined by your age when disability begins reference the summary plan description Maximum Benefit Period Determined by your age when Disability begins reference the certificate of insurance

14 Family Medical Leave

15 Family Medical Leave Faculty, Admin Professionals and State Classified Family Medical Leave (FML) may apply for one or a combination of the following reasons: The birth or adoption of a child to the Eligible Employee or the Eligible Employee's spouse Care for a spouse, child, or parent with a serious health condition Inability of the Eligible Employee to perform one or more of the essential functions of his or her position because of his or her serious health condition Military Caregiver or Qualifying Exigency Leave Minimum Criteria Appointed or employed at CSU for at least twelve (12) months and Has worked at least 1,040 (or 1,250 for SC) hours during the twelve (12) months immediately preceding the commencement date of the leave Administrative professionals with regular, special or senior teaching appointments and 9-month faculty appointments of half-time or greater are deemed to meet the 1,040 hour standard, assuming that all other eligibility criteria are met

16 Family Medical Leave Faculty, Admin Pro and State Classified Faculty / Admin Pro Eligible for twelve (12) work weeks of FML during a rolling twelve (12) month period measured from the first date the employee uses FML to the same date twelve (12) months later Allows leave to be continuous, reduced-time or intermittent, when medically necessary FML leave is unpaid Runs concurrently with all other types of paid leave State Classified Eligible for thirteen (13) work weeks of FML during a fiscal year Effective July 1, 2014, State Classified FML will be calculated via the rolling twelve (12) month period Allows leave to be continuous, reduced-time or intermittent, when medically necessary FML leave is unpaid Runs concurrently with all other types of paid leave

17 FM Leave Employee Responsibility At least 30 days notice prior to leave date, when foreseeable Notification to the department as soon as possible, when unforeseeable Submits medical certification completed by the healthcare provider Medical certification form must be returned within 15 calendar days from the receipt of the Notice of Rights and Responsibilities Note: The University is required under Federal regulations to Notify an employee under FM Leave when they become aware of an employee s need for leave which may be eligible for FML. The employee is not required to request it, but department is obligated to provide when knowledge of qualifying absence is gained.

18 FML Department Responsibility Required Documentation Notice of Rights and Responsibilities Medical Certification Form Designation Notice Evaluate FML eligibility (planned and unplanned absences) Determine if an absence of more than three (3) days is FML eligible and send via certified mail Must provide notice of eligibility to the employee within five (5) business days Hand deliver to employee the above paperwork for planned absences in advance of the leave date Once supporting documentation is received, leave must be designated as FML within 5 business days Individual departments are responsible for FML records and Oracle entry Departments must send copies of FML to Human Resources

19 Federal Regulations Prohibit Discouraging the use of FML Breaching confidentiality of health information Discharging or discriminating Retaliation

20 FML Military Caregiver Leave (2008) FML Qualifying Exigency Leave (2008) FM Leave - Military In 2010 the FMLA was again amended, expanding the military-related leave protections. The FMLA was also amended to include a special eligibility provision for airline flight crew employees. Intended to allow families of members of the, Armed Forces, National Guard and Reserves to manage their affairs while the family member is on active duty 12 weeks of standard FML (13 weeks for State Classified) can be for any qualifying exigency

21 FM Leave - Military FML Qualifying Exigency Leave (2008) Qualifying Exigency is defined as: Short-notice deployment; Military events and related activities; Childcare and school activities; Financial and legal arrangements; Counseling; Rest and recuperation; Post-deployment activities; and Additional activities not encompassed above and agreed upon by the employee and employer

22 Other Types of Leave Military Leave Worker s Compensation Victim Protection Leave Americans with Disabilities Act (ADA)

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