Wilkes Vocational Services, Inc.

Transcription

1 POLICY: LEAVE OF ABSENCE Policy Summary There are five types of leaves of absence recognized by WVS: 1. or Family Including Family and Leave Act (FMLA -, Family and Military Family leave) and Workers Compensation absences of over 14 days 2. Inactive Part-time or Temporary employees not scheduled for over 14 days 3. Military Required military service of over 30 days 4. Personal Personal business of over 14 days 5. Temporary layoff due to lack of work Full-time employees not scheduled for 14 days or more Refer to the Leave of Absence Eligibility Chart to determine leave codes, eligible employees, length of initial leave, leave extensions and return to work options. No or Personal leave or Inactive status period may exceed 6 months, except for certain unresolved leaves involving Workers Compensation and Military leaves. For FMLA purposes, WVS uses a rolling 12 month period measured backward from the beginning date of the current FMLA lever request. The 12 month and 12 week periods begin the first day the employee is absent due to disability or family medical leave. An employee on or Personal leave must keep management aware of his/her condition/status throughout the entire leave period and provide biweekly updates. s placed on a leave will be advised if his/her leave is covered by the FMLA. Leave Definitions ( expected to be absent 14 days or more unless specified) Eligible full or part-time employees absent due to serious health condition of employee due to pregnancy disability, birth, adoption, or foster care of employee s child, including FMLA and work related employee injury or illness. Family Eligible full or part-time employees absent due to serious health condition of child, parent or spouse. (Serious health condition is defined as - Inpatient care in a hospital, hospice, or residential disability care facility, or continuing treatment by a health care provider.) Intermittent Family Care Any recurring absence resulting from a serious health condition. Personal Eligible full or part-time employees absent due to personal business of a compelling nature including serious illness of a family member, short term leave to attend school, to manage affairs after the death of a relative or similar situations. Inactive Part-time or temporary employees absent due to the end of planned work period but expected to return to work. Page 1 of 5

2 Temporary Layoff Lack of Work Full-time employees absent due to business conditions but are planned to return to work in the near future. Military Full-time employees with required absences of 30 days or more to fulfill US military service obligations. Eligibility Leave of Absence Eligibility, Length of Leave, Leave Extensions and Return to Work Options Type Leave (FMLA) Family Family Leave Code EM EM-F Eligible Min. Service Length of Required Initial Leave 12 1 year or more *3 Page 2 of 5 FM 12 *5 FM-F 1 year or more *3 *5 (FMLA) Inactive I Part-time or Temp 4 Military M Personal P and Part-Time 1 day Up to 5 years plus 90 days 12 Leave Extensions mo. max. mo. max. mo. max. *5 mo. max.*5, 1 year max. *4 N/A Up to 4 months max. N/A RTW *1 Options *3 *3 *2 Temp. layoff TL 12 lack of work 1. RTW Return to Work 2. If term is 5 years or less and employee returns within 90 days of discharge. 3. FMLA guarantees return to the same or if employed one year (in which at least 1250 hours were worked) or more and on leave for 12 or less in a 12 month period. WVS uses a rolling 12 month period starting with the first day of disability. 4. Seasonal employees who may work one season, become inactive and then return the next year may be inactive for up to 1 year. 5. For Family leaves where both spouses are employed at WVS, the leave is for both spouses, not each spouse.

3 Procedures Request for Leave 1. s should complete the Leave Request Form/ FMLA Rights form when expected to be absent for 14 or more days due to medical, family medical, personal or military leave (expected absence of 30 days). 2. WVS management places employees on Temporary Layoffs as needed. 3. s must provide the following material: a. and Family Leave Physician statement or Certification of Physician or Practitioner b. Military Leave a copy of the military orders 4. WVS management will provide the employee with a copy of the Leave Request Form/FMLA Rights form or mail the copy if the employee is not at work when placed on leave. 5. If an employee is taking Intermittent FMLA Leave, WVS management will record the absences as FMLA leave on the employee attendance record. Benefits Coverage While on Leave Benefit Accrual Benefits will not accrue while an employee is on a leave of absence. PTO Use While on Leave - s are required to use a minimum of 50% of earned PTO hours during any leave. s will begin using PTO hours with first day of leave. s will use earned PTO hours following the employee s normal work schedule until PTO hours are exhausted, unless employee advises supervisor in advance to stop use once 50% of earned hours are exhausted. PTO benefits should be exhausted before being placed on Military leave. Benefits Eligibility - Benefits for which the employee is not eligible at the beginning of a leave are not during the leave period, except for medical care benefits. care coverage will start on the effective date, even when the employee is absent or on leave on that date. Eligibility requirements are governed by the plan document. Premium Payments Benefit coverage continues while an employee is on leave as long as the employee continues to make premium payments on a timely basis. Benefit Cancellation Current benefits will continue during a leave unless the employee instructs WVS in writing to cancel participation. Any cancelled benefits may be reinstated upon return to work as long as the employee reapplies within six months of the cancellation. Benefits with premium payments will be cancelled if employees fail to make premium payments in a timely manner. Notification WVS will provide employees placed on leave with a Notice of Eligibility & Rights and Responsibilities letter for FMLA eligible, Non-FMLA eligible, Military and Temporary Layoff leaves. Page 3 of 5

4 Leave Extensions Leave Extensions may be granted in up to 12 week increments (medical) and 4 week increments (personal and inactive). Return to work options 1. s who are entitled to return to work under the FMLA will be returned to their original or equivalent job at the same rate of pay and benefits. 2. Within two prior to the expected return date, the employee on leave will confirm plans to return to work to his or her supervisor. The employee s supervisor should contact the employee 1 week prior to the return date to advise the employee of his/her schedule. 3. s not entitled to return to work under the FMLA may be considered for return to work if it is in the best interests of WVS. Return to work consideration should be given to employees based on their skills, experience and documented performance. 4. s who are not entitled to return to work under the FMLA but who are returned to their original job will return at the same pay rate. Those who return to a different job may have their pay adjusted to fit the new job responsibilities and the pay of co-workers in the same job. 5. The WVS President must approve all employees returning to work from a leave. Doctor s Certification 1. During the Leave An employee on or Personal leave must keep WVS management aware of his/her condition throughout the entire leave, providing updates at least biweekly. WVS management may require more frequent updates and doctor certifications. 2. s on leave must provide a written statement from their physician confirming they are able to resume full and normal duties, with or without reasonable accommodations. This certification must be provided to WVS management before beginning work on the first day back to work. Transitional Duty or Reduced Work Schedule 1. s may require transitional duty for a temporary period of time because of illness, injury or other impairment, which prevents them from performing regular duty. 2. s may be placed on transitional duty if a suitable position exists within the limitations specified in writing by the physician. The transitional duty period varies normally from 1 week to 12 based upon the employee s condition. After 12 of transitional duty an employee must be able to return to full and normal duties, or returned to leave status until released fully by the physician. 3. The WVS President must approve any transitional duty plan. Page 4 of 5

5 Intermittent Leave 1. All intermittent absences from work due to employee or family medical conditions will be considered FMLA leave. 2. The WVS President must approve all intermittent leave plans. Termination 1. s who cannot return from leave within six months will be terminated. 2. If an employee who has been on leave for six months has an active workers compensation claim or is involved in any litigation, it will be determined if it is in the best interests of WVS to terminate the employee at that time. 3. The WVS President must approve the termination of all employees on leave. Forms Request for Leave of Absence/FMLA Rights Certification of Health Care Provider Certification of Health Care Provider Family Member Notice of Eligibility and Rights & Responsibilities Policy Implemented 5/1/2013 Policy Approved by David McGrady Page 5 of 5