All questions should be directed to Employee Benefits Department at (607)

Size: px
Start display at page:

Download "All questions should be directed to Employee Benefits Department at (607)"

Transcription

1 Springbrook Human Resources Paid Family Leave (PFL) Effective January 1, 2018 PURPOSE & SCOPE Springbrook realizes that employees family obligations may require time away from their jobs under special circumstances and as guaranteed by state law. In keeping with the provisions of the Paid Family Leave, and to promote the welfare of its employees, Springbrook will grant a leave of absence to qualified employees (see eligibility section, below) for up to a total of 8 weeks for 2018, in a k period. The 52-week clock starts on the first day the employee takes Paid Family Leave. All questions should be directed to Employee Benefits Department at (607) ELIGIBILITY Virtually every full-time and part-time private employee in NYS is eligible for PFL if he or she meets the following criteria: An employee must be employed full-time (FT for PFL is defined as 20+ hours per week) for 26 weeks or Part-time for 175 days. Eligible employees may receive a total of 8 weeks for 2018 of paid family leave starting on the first day the employee takes leave. This starts the 52-week period for PFL to be used. An employee can use PFL intermittently but it must be used in full day increments. If a spouse of a Springbrook employee is also a Springbrook employee, one of the request may be denied if it is for the same time to care for the same family leave recipient, or to bond with a child. TYPES OF LEAVE PFL covers the following types of leave: -Maternity and Paternity Leave A parent may take PFL during the first 12 months following the birth, adoption, or fostering of a child. This leave begins after the birth and is not available for prenatal conditions. -Caring for a Close Relative with a Serious Health Condition An employee may be able to take PFL to care for a close relative. A close relative includes:

2 Spouse Domestic Partner Child Parent Parent-in-law Grandparent Grandchild -A serious health condition is an illness, injury, impairment, or physical or mental condition that involves: inpatient care in a hospital, hospice, or residential health care facility; or continuing treatment or continuing supervision of a health care provider. -Active Duty Deployment PFL is available for families eligible for time off under the military provisions in the federal FMLA when a spouse, child, domestic partner or parent of the employee is on active duty or has been notified of an impending call or order of active duty. PFL cannot be used for one s own disability or qualifying military event. It may only be taken to care for your: Spouse Domestic Partner Child Parent APPLYING FOR PFL An employee requesting PFL must call Springbrook Employee Benefits in the Human Resources Department at ext to arrange the completion of the necessary Springbrook paperwork and to generate a Springbrook LOA Form that is signed by the employee, supervisor, department head and Human Resources. Employees must provide at least 30 days advance notice of the need to take PFL when the need is foreseeable. If the employee fails to provide this required notice with no reasonable excuse, the leave may be delayed until 30 days after the notice is provided. If the employee's need for leave is foreseeable, fewer than 30 days in advance, the employee should give as much notice as practicable. If the employee fails to provide this required notice, the extent to which the leave may be delayed will the determined by the particular facts of the situation. It is recommended that verbal notification to Employee Benefits and the department manager should take place within two business days of when the need for the leave becomes known to the employee. If the need for PFL is unforeseeable, for example, it arises due to an emergency and the employee is unable to provide advance notice as described above, the employee must call Employee Benefits to request PFL as soon as practicable which is generally within two business days of the first day absent. If the employee fails to comply with this notice requirement, the leave may be delayed. The extent to which the leave will be delayed will be

3 determined by particular facts of the situation. The leave may be denied if the employee fails to comply with this notice requirement and there are no unusual circumstances to justify the failure to comply. If denied, the absence will be reviewed and the employee may be subject to disciplinary action up to and including termination. If an employee believes Employee Benefits has erroneously denied any portion of leave, the employee should contact the Springbrook s Human Resources Director. PFL will run concurrently with FMLA. See Springbrook s related policies. If an employee is not eligible for FMLA they will be on a Non-FMLA Medical Leave of Absence where the employee is in his or her first year of employment and has completed the initial orientation period. An employee that has a family member with a serious medical condition who does not meet the minimum requirements as defined by the Family & Medical Leave Act (FMLA), therefore not being a covered employee, may be granted up to 6 weeks of leave time for a qualifying medical event, as defined by Springbrook s Personal Leave Policy. Intermittent leave under Non-FMLA may be used in one day increments. CERTIFICATION Employees will need to file a Request for PFL form and documentation in support of the PFL request. To justify the request for PFL, an employee will be required to present a certification from the health care provider treating your family member or, if the leave is following birth of a child, the health care provider treating the mother of the child. For adoption and foster care, different types of documentation will be needed. If you are taking PFL for a qualifying military event, you will need to present copies of Duty Papers or other supporting documentation. For Birth: The birth mother will need the following documentation: Birth Certificate, or Documentation of pregnancy or birth from a health care provider (includes mother s name and due/birth dates). A second parent will need the following documentation: Birth Certificate, or Documentation of pregnancy or birth from a health care provider (includes mother s name and due/birth dates). If the second parent is not named on the birth certificate, the second parent must provide an acknowledgement of paternity, order of filiation or other evidence of relationship with parent named by medical provider or birth certificate. Voluntary Acknowledgement of Paternity or Court Order of Filiation or Copy of documentation of birth mother (above) plus second document verifying relationship to the mother. For Foster Care: Letter of placement issued by county or city department of social services or local voluntary agency

4 If second parent is not named in documentation, a copy of that document plus a second document verifying relationship to the parent named in the foster care placement. For Adoption: Legal evidence of adoption process If second parent is not named on the birth certificate, the second parent must provide: -Voluntary Acknowledgement of Paternity or -Court Order of Filiation (giving the right to custody of a child) or -Second document verifying relationship to the mother or the child. For Serious Medical Condition: Certification from the Care Recipient s Health Care Provider For the Military: US Department of Labor Military Family Leave Certification (Federal Military Leave Form) Copy of Military Duty Papers Other documentation supporting the reason for the leave (copy of meeting notice, ceremony details, rest and recuperation orders, etc.) INTERMITTENT MEDICAL LEAVE The PFL allows leave to be taken intermittently in full day increments only. When planning medical treatment, the employee must consult with his or her manager and make a reasonable effort to schedule the leave so as not to disrupt unduly the organizations operations. Employees are expected to consult with their managers and/or Employee Benefits prior to scheduling treatment in order to work out a treatment schedule which best suits the needs of both the employee and Springbrook. An employee who has applied for intermittent PFL must notify Employee Benefits on each occasion that intermittent PFL is used as soon as possible but no later than two business days from the absence. Employees must also notify department management by following the department's call-in procedure; failure to do so will result in denial of leave designation for that day, and disciplinary action for unauthorized absence. USE OF AVAILABLE PAID TIME An employee eligible for PFL has the option to use either sick or paid time off leave to bring their pay to full salary, but are not required to use it. Example:

5 Paul currently has 20 hours of Sick Time and 40 hours of PTO available. When Paul goes out on Paid Family Leave he has a total of 60 hours of accrued time available for use. Paul can choose to supplement his NYS Benefit by using his accrued time, but he is not required to do so. If Paul does elect to supplement his PFL Benefit by using his accruals, the total amount of his use + his NYS PFL Benefit cannot exceed his normal weekly wages. This calculation is done for you in HR upon completion of your leave of absence paperwork. BENEFITS While an employee is on leave, Springbrook will continue the employee s health and other benefits during the leave period at the same level and under the same conditions as if the employee had continued to work, as long as the employee pays his or her portion of the health care premiums. While on paid leave, Springbrook will continue to make payroll deductions to collect the employee s share of the premium. If you are not receiving a paycheck from Springbrook, employees are responsible for payment of the employee contribution toward benefit premiums. If the Employee missed any insurance premiums they will be in arrears and will have to make this up through a payroll deduction. For more information regarding insurance payments during PFL, please call Springbrook s Payroll Administrator at , ext If an employee remains out of work beyond the approved PFL period, Springbrook may terminate health insurance benefits, in which case the employee will be eligible for Cobra continuation coverage. Employees losing health benefits will be properly notified if their coverage is terminated for any reason. Employees retain their employment status during the leave period. An absence covered by PFL will not be considered a break in service for purposes of determining an employee s longevity, or any employee benefit plan. If the employee chooses not to return to work for reasons other than a continued serious health condition of the employee or the employee s covered family member or a circumstance beyond the employee s control, Springbrook may require the employee to reimburse Springbrook the amount it paid for the employee s health insurance premium during the leave period. Employees do not accrue benefit time, i.e. Sick or PTO time when on an approved leave of absence covered by the PFL. NO OUTSIDE WORK Employees on an approved leave of absence under the PFL may not engage in gainful employment (whether self-employed or with another employer) during PFL time off. Violation of this policy could lead up to and include termination of employment with Springbrook. CHANGES

6 An employee using approved PFL time is expected to advise their manager and the Benefits Coordinator in Human Resources of any change in the employment status in her/his need for the leave and any change in the intention to return to work. RETURNING TO WORK Employees returning from PFL will be reinstated to their same job or to an equivalent job with equivalent status and pay. If the same job or one of equivalent status and pay is not available as a result of workforce reduction, the employee will be treated as though they were not on leave at the time of the reduction and would therefore be subject to the reduction. Employees returning to work from an approved PFL for a qualifying family member, including employees on intermittent PFL, must contact Employee Benefits to designate their leave as discontinued. Failure to do so may result in inaccurate accruals for that employee regarding their benefit time or inaccurate record keeping regarding available time covered under PFL. UNABLE TO RETURN AFTER PFL An employee unable to return to work at the conclusion of use of PFL due to personal or medical reasons will be considered to have resigned their position at Springbrook due to the employee s inability to return from leave effective the last day of the approved leave, unless a continuation has been granted as an accommodation under the Americans with Disabilities Act as amended, or for other reasons. FAILURE TO RETURN AFTER PAID FAMILY LEAVE Any employee who fails to return to work as scheduled after PFL (end of certification, release to work, or exhaustion of leave entitlement without extension(s) of their leave approved under other appropriate leave provisions) may be subject to disciplinary action up to and including termination. RESPONSIBILITY Management is responsible for referring employees needing information on this policy to Employee Benefits in the Human Resources Department. Employees applying for PFL are expected to carefully review this policy and all correspondence received from Springbrook s Employee Benefits in the Human Resources Department. Additionally, employees using PFL must comply with all procedures and reporting requirements. All Springbrook employees are responsible for knowing and complying with current policy information provided in the Employee Handbook available on our website. This policy is subject to change at the discretion of management, with or without prior notice. Employees with questions regarding this policy may call Springbrook Employee Benefits at , ext