Short-Term Disability and Leaves of Absence Frequently Asked Questions All States

Transcription

1 Short-Term Disability and Leaves of Absence Frequently Asked Questions All States GENERAL INFORMATION...2 FAMILY AND MEDICAL LEAVE ACT (FMLA)...4 PREGNANCY...5 VACATION AND CONTINUATION OF BENEFITS DURING LEAVE...6 [Type a quote from the document or the summary of an interesting point. You can position the text box anywhere If you have in theunanswered document. Usequestions the Text Box regarding Tools tab to change Short-Term the formatting Disability of theor pull any quote other text box.] leave of absence, please contact the Reed Group as follows: Direct by phone: or from outside the U.S. between 8:00 AM and 8:00 PM, Central Time to speak with a representative Online at Through OxyLink: , press 2 and follow the prompts

2 Frequently Asked Questions Page 2 of 8 GENERAL INFORMATION 1. Who is Reed Group? Reed Group is a third party administrator that specializes in objective Short-Term Disability (STD) claim and federal and state leave administration. Reed Group offers expertise on absence management, leave laws, disability case management and return to work. 2. How do I report a claim for Short-Term Disability and/or FMLA? You should report your absence to your supervisor immediately. You should report your claim to Reed Group by the 4 th day of absence by calling (866) or (720) from outside the U.S., between 8:00 AM and 8:00 PM Central Time. You may also reach Reed Group by calling OxyLink at (800) , press 2, and follow the prompts to be transferred to Reed Group. If you have a pre-planned absence, such as a pregnancy or surgery, you may contact Reed Group up to 30 days prior to your expected leave of absence date. 3. What information will I need to have available when I call to report my claim? When you call Reed Group, have the following information available: Employee ID or SSN Birth date Oxy work schedule Absence start date Anticipated return-to-work date Medical condition details Treating physicians and contact information Reed Group will let you know what you need to do and what you can expect through the claim review process. 4. What happens after I call Reed Group? Reed Group will send you forms that you and your doctor need to complete so Reed Group can determine whether you re eligible for Oxy s Short-Term Disability benefits and whether your absence qualifies for job protection under FMLA. Reed Group keeps in touch with your physician, your supervisor, Human Resources, Occupational Health and Payroll about the status of your absence, whether you qualify for STD benefits and/or job protection under FMLA, and when you re expected to return to work. As needed, Reed Group also helps you develop a plan that can help ensure your safe and timely return to work. You should keep in touch with both Reed Group and your supervisor during your absence.

3 Frequently Asked Questions Page 3 of 8 5. What about the confidentiality of my medical information provided to Reed Group? Only Reed Group and Occupational Health will have access to your confidential medical information. 6. What happens if I don t call Reed Group? You may not receive any STD benefits and/or job protection for which you may be eligible. More importantly, it may not count as an approved leave of absence. You will need to work with your Human Resources department to discuss your absence and your current leave status. 7. Will my STD benefit be offset by my workers compensation benefit? The amount of your STD benefit payments will be reduced by any disability income you receive or are eligible to receive from other sources including workers compensation and governmentsponsored disability programs if your benefit payment from such sources plus your STD benefit payment total more than 100% of your regular base pay. 8. What happens if I do not file for state disability insurance benefits? (NEW JERSEY and CALIFORNIA) It is important you file timely for state disability benefits. Your STD benefit will automatically be reduced by the amount you are eligible to receive from the state after three weeks from your date of disability. 9. How will my illness or injury be recorded? If you are a salaried non-exempt or hourly employee, you should reflect any time worked on your time sheets before going on leave so that your hours may be timely approved. You should report only hours worked and vacation time, and not report Short-Term Disability (STD) or FMLA leave time on your time sheets. For continuous absences less than 40 hours, you, your supervisor or timekeeper will enter time For continuous absences more than 40 hours, you must report the leave to Reed by the 4th day; all STD and FMLA hours will be sent from Reed and loaded into Time & Labor For all approved intermittent absences, you must report the absence time to Reed For all intermittent absences not yet approved, you, your supervisor or timekeeper will enter time (hourly employees only) While on STD and/or FMLA leave, you still need to report time worked (hourly employees only) and vacation hours in Time & Labor during the intermittent leave or reduced work schedule 10. While I m on an approved leave of absence will I receive holiday pay? You will not receive holiday pay for any day that you receive STD benefits, and a holiday will not extend your STD period, nor will you receive holiday pay while you are on FMLA.

4 Frequently Asked Questions Page 4 of 8 FAMILY AND MEDICAL LEAVE ACT (FMLA) 11. What is the Family and Medical Leave Act (FMLA)? The Family and Medical Leave Act of 1993 (FMLA) is a federal law that provides qualified employees with job protection for absences due to your own or a family member s serious health condition, or to bond with a new child. Job protection means that when you return from an absence covered under FMLA, Oxy will return you to the same or equivalent position, subject to any employment actions that would be taken without regard to your leave. 12. What qualifies as a serious health condition under FMLA? A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee s job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment. The term "serious health condition" is not intended to cover short-term conditions for which treatment and recovery are very brief. 13. Do workers' compensation absences count toward my entitlement to FMLA-protected absence? Generally, yes. If the reason for the absence qualifies as a serious health condition under FMLA, the time you are absent as a result of an on-the-job illness or injury will count toward the time and benefits you are entitled to under FMLA. You should also promptly notify Human Resources of a workers' compensation absence. 14. Can my employment be terminated for taking time off for an FMLA-qualifying reason? Generally, no. It's unlawful for a company to interfere with or restrain or deny the exercise of any right provided under FMLA. The company cannot use the taking of FMLA-qualifying time off as a negative factor in employment actions, such as hiring, promotions or disciplinary actions. But the company can still end your employment for cause, and you're still subject to organizational changes, such as transfers and layoffs. 15. Are there any circumstances in which a company can deny me time off under FMLA or reinstatement to the same job? Companies are not required to continue the benefits provided under FMLA or reinstate you if you would have been laid off or otherwise had your employment terminated if you had continued to work during the leave period (for example, a workforce reduction or expiration of a specific job). If you give notice that you do not intend to return to work, you no longer have the protection of the leave or job restoration. If you're advised that you need to provide a fitness-for-duty certification upon return to work and you don't submit it, your reinstatement may be denied or delayed until you provide the certification.

5 Frequently Asked Questions Page 5 of What happens if my absence is not certified as protected under FMLA? Your absence will be treated according to the company's attendance practices and/or policies. 17. Can I dispute Reed Group's decision about whether an absence qualifies for FMLA? Yes. If you think Reed Group has made an incorrect determination about whether your absence qualifies under FMLA or a state law, you should call Reed Group. 18. Who is responsible for reporting an absence that may qualify for protection under FMLA? As an employee, you're responsible for both reporting the absence and providing any needed information to Reed Group to support the reason for the request for FMLA-protected time. A family member, friend or other representative may call on your behalf to request the protection, if necessary (for example, if you're in the hospital or unable to call). 19. When I take time off to have a baby, is it FMLA-protected time? Yes. If you have not already used your available FMLA-protected time, time off for the birth of a child is considered protected time under FMLA. Some of your time off may be paid time off and some unpaid. In certain states, you might qualify for job protection in addition to the FMLA period. For more information about state laws, you should call Reed Group. PREGNANCY 20. My doctor certified my leave two weeks before the anticipated birth of my child. However, my son was born a week later than expected. How does this impact my pregnancy leave? Your STD and FMLA leave will consist of the three weeks before your son was born, plus the period of disability following birth, typically six weeks for a natural birth (or eight weeks for a Cesarean birth). During this nine-week leave, you will receive STD benefits, or a combination of STD benefits and any applicable statutory disability benefits, which will run concurrent with FMLA and any other unpaid statutory leaves. 21. My doctor certified my leave two weeks before the anticipated birth of my child. However, my daughter was born a week earlier than expected. How does this impact my pregnancy leave? Your STD and FMLA leave will consist of the one week before your daughter was born, plus the period of disability following birth, typically six weeks for a natural birth (or eight weeks for a Cesarean birth). During this seven-week leave, you will receive STD benefits, or a combination of STD benefits and any applicable statutory disability benefits, which will run concurrent with FMLA and any other unpaid statutory leaves. 22. What does a combination of Oxy s STD benefits and any applicable statutory disability benefits mean? If you work in a state with an employee-paid state disability insurance program (e.g., California or New Jersey), you will receive up to 100% of your base pay as a combination of Oxy s STD

6 Frequently Asked Questions Page 6 of 8 benefits and the state disability plan reimbursement. This means the Oxy STD benefit will be reduced by the amount you receive from the state if your combined pay exceeds 100% of your base pay. If you work in a state without a state disability program, your entire benefit will be paid through Oxy s STD plan. 23. My pregnancy is a difficult one, and I am occasionally sick, requiring me to take time off of work. How should I handle this? To ensure your job is protected, you should contact Reed Group by the fourth day of an absence if you are, or expect to be, out for three or more days. Any time taken intermittently, if approved, will count towards your 12 weeks of FMLA entitlement and any other applicable state leave laws, and your 26 weeks of STD. Reed Group can explain how this works. 24. After my pregnancy leave, I returned to work on a reduced schedule, working 20 hours a week for 24 weeks. However, after only eight weeks of unpaid bonding leave, my supervisor says that business needs require that I return to work earlier. Am I required to return to work immediately? Yes, provided your intermittent leave is not medically necessary. Your supervisor will work with you on a plan that allows you to take the remaining leave at a later date (within 12 months after the birth of the child). 25. The father of my child also works for Oxy. Are we both eligible for FMLA leave when our child is born? Married employees who both work at Oxy may each take up to 12 weeks of FMLA leaves in any 12 month period, based on meeting eligibility requirements. VACATION AND CONTINUATION OF BENEFITS DURING LEAVE 26. Is it possible to request accrued vacation pay during an unpaid absence? Yes, while on unpaid FMLA leave, you may take vacation days. You must make this request through Human Resources. 27. Is it possible to supplement my 50% STD benefit with vacation pay? Yes, you may supplement your 50% benefit with vacation pay. You must make this request through Human Resources. 28. May I add vacation to the end of my federal and/or state leave to extend the time to bond with my new child? Yes, with the approval of your supervisor. This vacation time will run concurrently with any remaining federal and/or state leave. You must make this request through Human Resources.

7 Frequently Asked Questions Page 7 of What happens to my benefits during my paid leave? While you remain eligible to receive payments under the STD Plan, you will be covered under Oxy s other benefit plans and programs as outlined below: Medical Plan and Dental Plan If you are enrolled in the Medical Plan and/or the Dental Plan on your last day actively at work, coverage for you and your dependents will continue in accordance with plan terms provided that you continue to make the required monthly contributions. Health Savings Accounts (HSAs) If you are contributing to an HSA, payroll deduction of contributions will continue unless you elect otherwise. Flexible Spending Accounts (FSAs) If you are contributing to an FSA, payroll deduction of your contributions will continue. Long-Term Disability (LTD) Plan If you are an LTD Plan participant, your coverage will continue provided that you continue to pay the required monthly premiums. Basic Life Insurance Plan Your coverage will continue. Group Universal Life Insurance (GUL) Plan If you are a GUL Plan participant, your coverage will continue provided that you continue to pay the required monthly premiums. Accidental Death and Dismemberment (AD&D) Plan If you are an AD&D Plan participant, your coverage will continue provided that you continue to pay the required monthly premiums. Occupational Accidental Death and Dismemberment (OAD&D) Plan Your coverage will continue only while you are actively at work. Personal Retirement Account (PRA) Oxy will continue to make contributions to your PRA based on the monthly base earnings and any eligible annual bonus you receive. Personal Savings Account (PSA) You may continue to make contributions to your PSA based on the monthly base earnings and any eligible annual bonus you receive. Oxy will continue to make any applicable employer matching contributions. Vacation You will continue to accrue vacation hours while you receive STD benefits. As needed, and with management s approval, STD benefits which are being paid at 50% of base pay may be supplemented with your accrued but unused vacation hours, though not to exceed 100% of base pay. Holidays You are not eligible to receive holiday pay for any day that you receive STD benefits. If a holiday occurs during the period you are receiving STD benefits, the holiday will not extend your STD period. 30. What happens to my benefits during my unpaid leave? Company-paid Basic Life insurance will continue. PRA and PSA contributions cease. If you wish to continue some or all of your other contributory benefits (e.g., Medical, Dental, Long- Term Disability, Accidental Death & Dismemberment) while on your unpaid leave of absence, you should contact OxyLink at or oxylink@oxy.com to make direct payment arrangements and obtain detailed information. If you do not wish to continue your benefit coverage(s) while on unpaid leave, coverage under those benefits will cease for the length of your leave. Except as below, coverage and payroll

8 Frequently Asked Questions Page 8 of 8 deductions for any benefits you did not continue will automatically resume upon your return to work. Your medical coverage will continue during your leave. If you do not continue to make contributions during your leave, the entire unpaid contribution amount may be deducted from your first paycheck upon your return to work. If you do not return to work, you will be required to pay any unpaid contributions in full. If you have Group Universal Life (GUL) insurance coverage, the insurer will send monthly bills to your home address and you must remit timely payment directly to Cigna to maintain your coverage. If you do not pay your GUL premiums while on FMLA leave, automatic reenrollment will not be permitted, and you may be required to provide evidence of good health, at your own expense, in order to reenroll. If you are enrolled in a Flexible Spending Account (FSA), same-calendar-year accounts will be re-opened automatically upon your return to work. Your pretax payroll deductions will automatically be recalculated and adjusted for the remainder of the calendar year, based upon the number of remaining pay periods and the uncollected balance remaining from the annual elected amount. At that time, OxyLink will notify the Aetna FSA Department that claims for the unpaid leave period are eligible to be processed for payment. You will not accrue vacation while you are on unpaid leave. 31. What happens if my STD claim lasts longer than 26 weeks? If you are enrolled in the LTD plan, Reed will automatically transfer your claim to Oxy s LTD insurer for processing. You will receive an acknowledgement packet and be notified if additional information is needed.