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- 1. Office of Employee Services FMLA/ADA/ADAAA January 5, 2011 Valley City State University
- 2. Office of Employee Services Leave FMLA WSI ADAAA of Absence Valley City State University
- 3. Office of Employee Services FMLA • Family & Medical Leave Act • Became law August 6, 1993 • FMLA must be offered by companies with 50+ employees within a 75 mile radius of the worksite Valley City State University
- 4. Office of Employee Services Qualifying Reasons • Provides employees 12 weeks of unpaid leave during a 12 month period ▫ Birth, adoption, or foster care of a child ▫ Employee’s serious health condition ▫ Family member’s serious health condition ▫ Exigency Leave (only for reserves, national guard, etc.) • Provides employees up to 26 weeks unpaid leave in a 12 month-period ▫ Military Caregiver Leave – Covered Service Member Valley City State University
- 5. Office of Employee Services Serious Health Condition • Long-term/terminal illness • Injury • Impairment • Physical or mental condition that involves: ▫ Overnight stay as an inpatient ▫ Continuous treatment Valley City State University
- 6. Office of Employee Services Eligibility & FMLA Management • Employed 12 months • Worked 1,250 hours during the past 12 months • Managed on a rolling (backward) 12-month calendar year • Earn time back as it was used 12-months later Valley City State University
- 7. Office of Employee Services FMLA Begins… • After 3 consecutive days of absence • Contact Director of Human Resources • Evaluate: ▫ Employee Eligible? 1 yr, 1250 hours ▫ How long have they been out? 3 consecutive days • Employee needs to complete paperwork Valley City State University
- 8. Office of Employee Services Paperwork & Documentation 1. HR notifies employee they are/not eligible 2. If eligible: ▫ Provide employee paperwork for doctor to complete and notice of rights 3. Paperwork is sent back to Director of HR and kept in confidential medical file 4. Director of HR confirms/denies FMLA leave 5. Director of HR confirms dates of absence with supervisor and provides sheet to track leave 6. Follow-up from employee and doctor monthly Valley City State University
- 9. Office of Employee Services Why all this work? • FMLA is an employee’s right. • Always good to be sure employees are sick. • Recent legal action: ▫ 12/20/2010 – Verizon agrees to settle in class action suit that can cost them over $6 million for denying FMLA claims between 2007-2010. Valley City State University
- 10. Office of Employee Services Employee Rights • Return to a position with equal pay and benefits • Use paid leave concurrently with unpaid time (required by VCSU) ▫ Sick Leave ▫ Annual Leave ▫ Comp Time (New) ▫ Donated Leave • View the NDUS FMLA Policy Valley City State University
- 11. Office of Employee Services Supervisor Responsibilities • Call the Director of HR with early notice and begin a dialogue ▫ Faculty will also need to inform the VPAA ▫ Faculty leave may be measured differently • Track leave time of absence ▫ Supervisors see the employee and know when they are present (or not) • Remain in contact with the employee. ▫ Be supportive ▫ Assist with accommodations where capable Valley City State University
- 12. Office of Employee Services Questions? Valley City State University
- 13. Office of Employee Services ADA/ADAAA Valley City State University
- 14. Office of Employee Services ADA/ADAAA • Americans with Disabilities Act / Amended Act • July 26, 1990 signed into law ▫ 25 or more employees • July 26, 1992 signed into law ▫ 15 or more employees • January 1, 2009 ADAAA made law ▫ There aren’t published regulations Valley City State University
- 15. Office of Employee Services Disability Definition • Has a mental or physical impairment that substantially limits one or more life functions OR • Has a record of such an impairment OR • Is regarded as having such an impairment Valley City State University
- 16. Office of Employee Services Accommodation • Employer must provide reasonable accommodation to an employee with a disability • Reasonable is not defined, but should not cause undue hardship to the employer • How do we determine? ▫ Documentation from the doctor ▫ Position Description sent to doctor ▫ Budget expenditure amount Valley City State University
- 17. Office of Employee Services Comparison FMLA ADA/ADAAA • Required to attempt to • NOT required to attempt to provide light duty provide light duty • Can return to original • Can return to original position position • Can Return to Equivalent • Can Return to Equivalent position position • Can NOT offer lower position • Can offer lower position that can accommodate that can accommodate Valley City State University
- 18. Office of Employee Services Supervisor Responsibilities • Work with the Director of HR and the employee ▫ Get appropriate information to know how to accommodate • Document wisely ▫ Poor performers may choose not to disclose a disability ▫ Be aware of actions and share dialogue with them • Be careful of conclusions and instead confront Valley City State University
- 19. Office of Employee Services Questions? Valley City State University
- 20. Office of Employee Services Roundtable Discussion Valley City State University
- 21. Office of Employee Services Time away from work… • Office Hours? • Rest Periods • Flexible Scheduling Valley City State University
- 22. Office of Employee Services Scenario Bill is a high-performing, salaried employee that is always willing to take on more for the good of the department/team. He shows up early to be prepared to start his shift, and seeks approval before acquiring overtime. Brian is an moderate, salaried employee at best. He is often 2-3 minutes late, and is always ,“Way too busy,” to help other employees out. He has missed some major deadlines and forgets to ask for overtime because he was busy. Valley City State University
- 23. Office of Employee Services Questions… 1. Bill comes to you at noon on Wednesday and explains he has been trying to get his car to the shop but they have been booked a month out. Today they had a cancellation and he want to leave at 4:00PM even though there is a team-deadline by the end of the day. What do you say? 2. Brian, having observed Bill, comes to you at 2:00PM the next day with the same scenario wanting to leave at 4:00PM even though there is another team-deadline. He informs you he worked through lunch so he wouldn’t have to take leave. What do you say? 3. Brian comes to you on Friday afternoon and informs you he worked 1 hour late Monday-Thursday to complete his work. To keep from overtime he now wants to leave at noon on Friday. What do you say? 4. Bill comes to you on Friday afternoon and informs you he worked 1 hour late Monday-Thursday to complete his work. To keep from overtime he now wants to leave at noon on Friday. What do you say? Valley City State University
- 24. Office of Employee Services Pressing Items? Agenda for next meeting? Valley City State University
Notes de l'éditeur
- MAKE A LIST ON THE WHITEBOARD OF LOAs.-Ones supervisors have had or ones they can think of.
- Serious health condition = long-term illness, injury, impairment, physical or mental condition that involves overnight stay as an inpatient and/or continuous treatment.
- Could be intermittent totaling 3 days (e.g 24 hours).
- (Ideally)
- FMLA is an employee’s right. We are required to notify them there leave counts against their given time.If we do not notify the employee, they have the right to request the 12 week in addition to the time we already provided them.Always good to be sure employees are sick.Recent legal action:12/20/2010 – Verizon agrees to settle in class action suit that can cost them over $6 million for denying FMLA claims between 2007-2010.Read Quote:“The steps that Verizon has promised to undertake as a part of its FMLA settlement are ones that employers everywhere should engage in at all times. The specifics of the federal act change all the time. Waiting until the first lawsuit is filed is a risky proposition. These matters are usually handled as class-action lawsuits that could bankrupt smaller, less powerful companies. It is always in an employer's best interests to stay on top of current laws to avoid these issues.”
- Return to a position with equal pay and benefits. If temp hired, they cannot stayUse paid leave concurrently with unpaid time (required by VCSU)Sick LeaveONLY for time they must medically be absentAnnual LeaveComp Time (New)Donated LeaveGIVE EXAMPLES!-Pregnant mom-Cancer diagnosis (intermittent)-Military wounded active soldier
- Return to a position with equal pay and benefits. If temp hired, they cannot stayUse paid leave concurrently with unpaid time (required by VCSU)Sick LeaveONLY for time they must medically be absentAnnual LeaveComp Time (New)Donated LeaveGIVE EXAMPLES!-Pregnant mom-Cancer diagnosis (intermittent)-Military wounded active soldier
- Return to a position with equal pay and benefits. If temp hired, they cannot stayUse paid leave concurrently with unpaid time (required by VCSU)Sick LeaveONLY for time they must medically be absentAnnual LeaveComp Time (New)Donated LeaveGIVE EXAMPLES!-Pregnant mom-Cancer diagnosis (intermittent)-Military wounded active soldier
- Return to a position with equal pay and benefits. If temp hired, they cannot stayUse paid leave concurrently with unpaid time (required by VCSU)Sick LeaveONLY for time they must medically be absentAnnual LeaveComp Time (New)Donated LeaveGIVE EXAMPLES!-Pregnant mom-Cancer diagnosis (intermittent)-Military wounded active soldier
- On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 ("ADA Amendments Act" or "Act"). The Act emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis.The Act makes important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of EEOC's ADA regulations. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.
- What are reasonable versus unreasonable accommodations?Lowered workstationRaised workstationSpecial mouseSpeak-to-type softwareEnlarged screenEtc.
- Return to a position with Work with the Director of HR and the employeeGet appropriate information to know how to accommodateDocument wiselyPoor performers may choose not to disclose a disabilityBe aware of actions and share dialogue with themBe careful of conclusions and instead confront Confront only factual conclusions You do not want to ASSUME anything. Like, “I notice you struggled getting up the stairs, do you have a disability?” Confront what you observed and ask if they would need assistance or accommodation.Make sure you are consistent, and
- Return to a position with equal pay and benefits. If temp hired, they cannot stayUse paid leave concurrently with unpaid time (required by VCSU)Sick LeaveONLY for time they must medically be absentAnnual LeaveComp Time (New)Donated LeaveGIVE EXAMPLES!-Pregnant mom-Cancer diagnosis (intermittent)-Military wounded active soldier
- Return to a position with Work with the Director of HR and the employeeGet appropriate information to know how to accommodateDocument wiselyPoor performers may choose not to disclose a disabilityBe aware of actions and share dialogue with themBe careful of conclusions and instead confront Confront only factual conclusions You do not want to ASSUME anything. Like, “I notice you struggled getting up the stairs, do you have a disability?” Confront what you observed and ask if they would need assistance or accommodation.Make sure you are consistent, and
- Return to a position with Work with the Director of HR and the employeeGet appropriate information to know how to accommodateDocument wiselyPoor performers may choose not to disclose a disabilityBe aware of actions and share dialogue with themBe careful of conclusions and instead confront Confront only factual conclusions You do not want to ASSUME anything. Like, “I notice you struggled getting up the stairs, do you have a disability?” Confront what you observed and ask if they would need assistance or accommodation.Make sure you are consistent, and