PROCEDURES FOR REQUESTING PREGNANCY/ MATERNITY LEAVE

Transcription

1 PROCEDURES FOR REQUESTING PREGNANCY/ MATERNITY LEAVE SCOPE The guidelines and procedures outlined in this document and in all policies relating to pregnancy leave including Short Term Disability, Long Term Disability, and Family Care/Medical Leave apply to regular Adobe employees in the United States. This document serves as summary of procedures. For more detailed information about Adobe s Leave of Absence and disability policies, please refer to the Total Rewards Handbook. ELIGIBILITY All regular Adobe employees are eligible to receive pay continuation benefits while on a medical disability as approved by Liberty Mutual, Adobe s plan administrator, and as outlined in Adobe s medical leave of absence policy. You may take: Up to 4 weeks prior to delivery for pregnancy disability PLUS 6 or 8 weeks after the birth for postpartum recovery. Length of time for postpartum recovery is dependent on method of delivery. In addition, employees who are eligible for leave under the California Family Rights Act (CFRA), are entitled to 12 weeks of Adobe unpaid time off to bond with their newborn child after they have been released from medical disability, as certified by a doctor. This is also referred to as Family Care Leave. Although the CFRA is specific to California, Adobe has chosen to adopt the policy nationwide. Employees are eligible for Family Care Leave if they have worked at the company as a regular employee for at least 12 months, and have worked at least 1,250 hours during the 12 months immediately prior to the leave of absence. Generally Family Care Leave must be requested for a minimum of two weeks in duration, POLICY Adobe s Short Term Disability policy provides salary continuation benefits in the event that an eligible employee must stop working due to a medical disability, as certified by a doctor and verified and approved by Liberty Mutual. Pre-natal care and recovery after delivery is considered the medical disability portion of pregnancy leave, as certified by a doctor. In the states of Hawaii, New York, New Jersey and Rhode Island, employees are also eligible to receive salary continuation benefits through State Disability Insurance (SDI). Liberty Mutual will offset an employee s pay by the amount she is eligible to receive from SDI. In California, if you are enrolled in Adobe s Voluntary Disability Insurance (VDI) plan, your payments will come directly from Liberty and you are not required to file with the state. Employees residing in CA are automatically enrolled in Adobe s VDI plan. Adobe s Family Care Leave is unpaid, however if you are in California or New Jersey you may be eligible for Paid Family Leave and should work with Liberty Mutual to apply through your state program. California employees may also be eligible to receive up to 6 weeks of salary continuation benefits through the Employment Development Department s Paid Family Leave (PFL) insurance program when bonding with a new child. If you are a California employee and are enrolled in the Voluntary Disability Plan (VDI) you do not need to apply for State Disability. However, typically there is a seven-day waiting period before the state pays PFL benefits. Adobe complies with all state and federal laws that entitle employees to take time off under the Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA) and Pregnancy Disability Page 1 of 4

2 Leave (PDL). Adobe s Short Term Disability and Family Care Leave policies incorporate and comply with all of these laws. Time under FMLA, CFRA, PFL and PDL will run concurrently. Use of Adobe Time Off During Leave: There is a 7-day (calendar days) waiting period for STD benefits and the first week of your leave is automatically charged to your sick time (exempt) or PTO (non-exempt). Approved STD, VDI and SDI benefits begin on the 8th calendar day of leave. With your manager s pre-approval you may use Time Off (exempt) or PTO (non-exempt) to extend your time away after exhausting your FMLA/CFRA leave entitlement. Use of Sabbatical while on Medical portion of Maternity leave: Exempt or Non Exempt employees cannot use Sabbatical, during thier leave. Company breaks while on Medical portion of Maternity leave: Exempt or Non Exempt employees do no receive pay for company breaks if an employee is on leave status Company Holidays while on Medical portion of Maternity leave: Exempt employees will only be paid for holidays that occur during the one-week waiting period. Otherwise no holidays paid if an employee is on leave status Non Exempt employees will only paid for days that occur during the one-week waiting period. Use of Sabbatical while on Baby Bonding portion of Maternity leave: Exempt and Non Exempt employees can use their sabbatical concurrently with your leave to receive pay. (CA and NJ employees should not overlap state family leave pay with sabbatical as the state may consider it an overpayment.) With your manager s approval may use to extend time away after exhausting FMLA-eligible period, or if not eligible for FMLA. Company breaks while on Baby Bonding portion of Maternity leave: Exempt employees receive no pay for company breaks if an employee is on leave status For Non Exempt employees will be paid and deducted from PTO balance automatically but only for days that occur during the one-week waiting period. Otherwise no PTO will be deducted (nor holidays paid) if an employee is on leave status Company Holidays while on Baby Bonding portion of Maternity leave: For Exempt and Non Exempt Employee no holidays are paid if an employee is on leave status Page 2 of 4

3 Adobe Benefits During your Pregnancy/Maternity Leave: If the Company, in accordance with FMLA, CFRA, PDL or any other applicable federal or state laws, grants you an approved leave, you may, during the continuance of such approved leave, continue your health care coverage for you and your eligible dependents. At the time you request the leave, you must agree to make any contributions required by the Company to continue coverage. The amount you must pay toward this coverage will not exceed the amount an active employee pays for coverage under the same plan. If you are granted continued coverage while on an approved leave, your coverage will end the earliest of the following: The date you are required to make any contribution and you fail to do so; The date Liberty determines your approved leave is terminated and you have not yet returned to work; or, The date the program (or a particular coverage within the program) is discontinued; however, coverage for health expenses may be available to you under another plan sponsored by the Company 1. Health Care, Life, AD&D, STD, LTD Insurance: Coverage continues up to a maximum of 12 months if you are on an approved Medical Leave and remain an Adobe employee. Adobe will waive your contributions for up to a maximum total of 12 months for any period that you are unpaid by Adobe. The medical waiver credit will cease after your last Adobe paycheck and for the duration of your leave. 2. Flexible Spending Accounts: Pre-tax contributions are suspended until you return to work. If you do not pay for coverage, any expenses incurred are not reimbursed. Restrictions apply if your return to work is in the following year. You must submit the FSA Payment Election Form 30 days prior to the start of your leave to make arrangement to pay your FSA contributions. You must submit this form to be eligible for the Adobe Dependent Care FSA child care contribution. The following options are available: Pre-pay before the leave begins (pre-tax) Pay (catch-up) missed contributions when you return from leave (pre-tax) if within the same plan year. 3. Health Savings Account (HSA): For questions regarding your HSA account, please contact Adobe s Benefits Call Center at extension 6Help or adobebenefits@xerox.com. 4. Time Off, Sick Time and PTO: Sick Time (exempt) accrual will stop on your last Adobe paycheck and resume when you return from leave. Time Off (exempt) is not an accrued benefit. Discuss your time off needs with your manager when you return to work. PTO (non-exempt) will accrue for the first 30 days of your leave and then stops until you return to work. You can use the PTO Cash Out Program at any time during your leave. 5. Holiday Pay: Holidays are not paid during the leave period; but only for days that occur during the one week waiting period. 6. Sabbatical :Your sabbatical eligibility date will be adjusted by the length of your leave that extends beyond 30 calendar days 7. Employee Stock Purchase Plan (ESPP): Deductions will stop once you are no longer receiving an Adobe paycheck and will resume upon your return to Adobe payroll. If a purchase period occurs during your leave, the deferral amount in your account will be used to purchase stock on the purchase date Page 3 of 4

4 8. Stock Options: Vesting will not be affected, except for Incentive Stock Options (ISOs) as may be required in accordance with plan documents and/or securities and tax regulations. 9. Performance Awards: For leaves in excess of 30 days, payment of final value will be prorated. 10. Restricted Stock Units (RSU): Vesting will not be affected (k): Contributions, including loan payments, will cease once you are no longer receiving an Adobe paycheck and will resume upon your return to Adobe payroll. You can change your deferral percent at any time. You must contact Vanguard, the 401(k) Plan Administrator to make loan payment arrangements. If your leave of absence exceeds 12 months, your service date for vesting purposes may be adjusted. 12. AIP: Bonus is prorated based on time actually worked during the eligibility period. Refer to the Annual Incentive Plan summary and discuss any questions with your manager. 13. Check In s and pay Increase s: Check ins will not occur while you are on leave. However, you should resume the check in s once you are released and return to work. Any pay increases will be evaluated at the same time as everyone else and will be based on the work you accomplished during the period you worked. Any increase to your salary will not take effect until you are back on Adobe Payroll. 14. Compensation Plan: You will receive commissions and/or quota credit to the extent earned in accordance with the terms of your Sales Compensation Plan 15. Deferred Compensation Plan (DCP): You continue to be eligible for the DCP, but are excused from fulfilling your annual deferral amount to the extent compensation ceases or is reduced during your leave. If your leave results in a separation of service due to a reduction in your service level, your DCP account balance will be paid out to you in accordance with plan rules. Note that these are general statements regarding the effects of a leave on DCP participation, and you are advised to contact Vanguard for additional detail at the start of your leave Savings Plan: It is your responsibility to submit contributions directly to Alliance Bernstein once you are no longer receiving an Adobe paycheck. 17. Educational Reimbursement: You are eligible to complete course(s) in progress before your leave began; otherwise, your eligibility is suspended until you return to work. 18. Group Legal Plan: Coverage continues up to a maximum of 12 months at no cost to you. 19. Long term Care (LTC) Plan and Other Voluntary Insurance (Auto, Pet, and Home): You must make arrangements directly with the insurance carrier to send in monthly payments or your coverage will be canceled. If you are enrolled in the LTC plan and coverage lapses due to nonpayment of any premium, you will need to re-enroll and provide evidence of insurability upon return to work to resume coverage. Pregnancy/Maternity Leave Checklist 1. View the Maternity Leave Presentations Maternity video Workshop series designed to answer your questions and help you with your planning. 1) Initiating Maternity Leave; 2) Determining the Length of Your Maternity Leave; 3) Income and Benefits While on Leave. 2. Review the Short Term Disability (STD) Benefit Highlights Overview of Adobe s STD coverage and how it is paid. 3. Submit the Flexible Spending Account (FSA) Payment Election Form (if applicable) To maintain your FSA deductions, you must complete and submit this form to Adobe s ERC to indicate how you will pay for your share of benefit contributions for the period that you are not receiving Adobe Page 4 of 4

5 paychecks. This is located on the US benefits website under Time away and leaves of absence on the left side of the page. 4. Review and Print Use of Adobe Time Off During a Leave of Absence Document- This document is intended to answer questions you may have regarding Adobe time off and leaves of absences. 5. See your physician and discuss when you should stop working. The disability date that your doctor will support determines when your disability period begins and when your maternity leave starts. 6. Notify your manager of your leave plans as soon as possible but no less than 30 days before your leave begins. This notice is so that your manager can plan for business coverage during your absence; it does not initiate or set up your leave. Provide your expected leave start date (your first day out of the office) and expected return to work date and contact information, to update him/her if your dates change for any reason. 7. Open your disability and leave claims online at My Liberty Connection approximately 30 days before your leave is to begin. Open your disability claim by accessing and entering Adobe s Claimant Service ID: ADOBELOA. You may also call a Liberty intake specialist at to initiate your claim. Provide your due date and expected leave start date (your first day out of the office). 8. Have your physician complete the Authorization to Release Information Form. Sign and date the Liberty medical Authorization to Release Information form and leave it with your medical care provider before your leave begins. This form is available on Login with company ID ADOBELOA and click on Forms at the top of the page. You can give this form to your physician as early as he/she will take it, just be sure he/she has it by the time your maternity leave begins. 9. Submit the Liberty Direct Deposit form Submit to set up direct deposit for your Liberty STD checks. Liberty will provide you with this form once you have filed for your Maternity Leave. 10. Continue to stay in contact with Liberty throughout your leave until you return to work. Liberty will administer your disability leave (including issuing weekly STD checks for approved disability periods) and your subsequent Family Care Leave (if you request leave from Liberty to bond and care for your baby after your period of disability is over). It is very important that you keep Liberty informed as this will affect your pay and benefits. Liberty can assist you with leave entitlement information and other questions within 24 to 48 hours after you open your claim. 11. Apply for State Disability Insurance ( SDI ) benefits if you are in a state that has an SDI program (listed below) AND you are taking leave due to your own illness, including pregnancy disability and postpartum recovery. In HI, NY, NJ Liberty administers the state disability programs. These payments will come directly from Liberty and no action is required to receive these payments. In RI you must apply for State Disability Insurance. Your Liberty STD checks will be reduced by your estimated SDI benefit amount, whether you apply or not. In CA, if you are enrolled in Adobe s Voluntary Disability Insurance (VDI) plan, your payments will Page 5 of 4

6 come directly from Liberty and you are not required to file with the state. Employees residing in CA are automatically enrolled in Adobe s VDI plan. If you have opted out of VDI, Contact Liberty Mutual for assistance to receive SDI benefits directly with the. To confirm your enrollment in VDI, contact your Liberty Case Manager. 12. Apply for the Paid Family Leave ( PFL ) insurance program if you are in California or New Jersey AND taking Family Care Leave to bond with your baby (after your disability period). In California regardless of whether you are receiving SDI or VDI benefits, Liberty will automatically file a claim for PFL on your behalf after your disability period is over. In New Jersey you will need to proactively apply for PFL in order to set up payments. You can reach the New Jersey LWD at if you have questions. 13. After the birth, enroll your baby or make any other changes to your benefits. You have 31 days starting from the baby s birth to add coverage and submit changes on the Adobe Benefits Enrollment Site. You can review and change your overall benefit elections, including, opting out of health insurance and/or the healthcare and dependent care FSA plans. If you make changes, review any changes to your paycheck deductions and out of pocket costs. 14. Planning Ahead for Your Return to Work: 1. You must return to work at the end of your Liberty-approved leave. You are due back at work the next scheduled work day. Liberty is available to assist you with any questions you have about your maternity leave, including when your leave entitlement ends. 2. You must obtain pre-approval from your manager for any time off through Time Off (exempt), PTO (non-exempt), Sabbatical or a Personal Leave of Absence that extends your time off beyond your Liberty-approved leave entitlement period. If you obtained your manager s pre-approval, you are responsible for submitting the applicable forms before your Family Care Leave ends to ensure your time off extension is in place. 3. Prior to returning from your leave, contact your manager and Liberty to confirm your return to work date. 4. Lactation: Contact Security via or call ext , to inquire about location and access to a lactation room. If you have an office, you can submit a request to Facilities to install black out privacy blinds in your office ( ). Either request may take some time to fulfill so plan ahead. Manager 1. Carefully review the requested time off with your employee. While a manager cannot deny a request for medical disability or Family Care Leave, a manager can deny any time off through PTO, Sabbatical or Personal Leave requested to extend Family Care Leave. Often employees taking pregnancy leave will request many forms of time off. As a Manager you should evaluate whether or not the requested period of leave through PTO, Sabbatical or Personal Leave would be a hardship to the business. 2. If you approve an employee s request to extend Family Care Leave through use of PTO, Sabbatical, or Personal Leave, look for the employee s subsequent submission of the corresponding form for your approval. Page 6 of 4

7 3. Contact the ERC if you have any questions about an employee s leave entitlement period. 4. Once the leave is approved, make arrangements to distribute the employee s work during the leave of absence. 15. State Specific Forms and Links: Below are links to application forms for states that offer disability and family care pay benefits. (These programs provide income, they cannot grant/approve your time away from work.). California SDI benefits (CA EDD): California PFL benefits (CA EDD): RI Disability: NY: Download an application or order an application by mail at Page 7 of 4