2018
TABLE OF CONTENTS Medical Coverage First Staff Benefits 2 Medical Plan Options & Enrollment Information 4 401(k) Plan 13 Sick Leave 14 FMLA 17 Paid Family Leave 29 Short Term Disability 30 Americans with Disabilities Act and ADAAA 34 Military Leave 35 Personal Leave 36 Holiday and Vacation Pay 36 Compliance with State and Local Law 36 Jury Duty 37 Instructions for Accessing the Employee Portal 38 Office Locations 39 Employee Agreement and Signature 40 1 Benefits Handbook 2018
MEDICAL COVERAGE - FIRST STAFF BENEFITS We offer three different health plans through First Staff Benefits, which are outlined later in this handbook. Please read through the enrollment guide, which is a vital resource that outlines plan details. Once an employee meets the eligibility requirements, an enrollment form will be sent to the employee allowing them to enroll in the plan or waive coverage. Any questions can be directed to the Employment Solutions Benefits Specialist at (607) 732-7354 or emailed to payroll@employmentsolutionsny.com. Specific plan questions should be directed to First Staff Customer Service at 1-866-629-5456. Eligibility Requirements To qualify for the plan you must work for a minimum of 30 hours per week for 60 days. Employees must maintain an average of at least 30 worked hours per week in order to maintain their eligibility for the plan. New employees must enroll by the first of the month following 60 days, not to exceed 90 days. Eligible dependents include spouses and children or stepchildren, under the age 26. Qualifying Change Status Termination Loss of Benefit-Eligible Status Retirement Termination due to gross misconduct Death Have secured other coverage Divorce or Separation Loss of Other Coverage Birth/Adoption Exceed plan age limit 2 Benefits Handbook 2018
How to Search for Providers You can verify physicians and facilities by going to www.multiplan.com upper right-hand corner is Search for a Doctor or Facility, the next page is identify your network logo choose the image that matches either the front or the back of the card. That will allow you to search for physicians or facilities. Remittance Employees can remit their portion of the premium through the primary method, which is payroll deduction. If they were not working, or did not have a payroll deduction, the member will have additional payroll deductions upon their return. Alternatively, the member can pay their portion of the premium directly to Employment Solutions via check. Missed Premium and Termination Employees must maintain active coverage of their benefit plan once they are enrolled. Premium is posted to the oldest outstanding period so any missed weeks will be filled in with future premium payments. This can be done either through a double payroll deduction or through direct payment. COBRA If an assignment is ended and an employee is no longer actively working, Employment Solutions will notify First Staff of the termination of the coverage. First Staff will then send notification of COBRA to that member. Termination due to non-payment of premium is not a COBRA-qualifying event and these members will not be offered COBRA. Pre-Tax/Post-Tax Employee deductions will be taken pre-tax. 3 Benefits Handbook 2018
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401(K) PLAN Employees of Employment Solutions of New York are eligible to participate in the company s 401(k) Plan beginning either January 1 or July 1 after the employee completes one full year of employment with the company, if the employee is age 21 or older. You can participate by contributing a percentage or dollar amount on pre-tax basis through weekly payroll deductions. As a 401K participant, you have the option to choose how you would like to invest your contributions. Once enrolled you can access your plan details through https://www.benefitwebaccess.com/chemung/. Unfortunately, there is currently no match on the 401K. For additional information and any further questions, please contact the Retirement Plan Manager at Chemung Canal Trust Company at 607-735- 4017. Please enroll and begin saving for your retirement now! 13 Benefits Handbook 2018
SICK LEAVE If employee is working in a state or city that mandates Sick Leave Pay, Employment Solutions provides payment of income (sick leave) for eligible employees when that employee is away from work due to illness. Employment Solutions' has a 2 hour minimum for the amount of sick leave time that an employee must use in a day that he or she is requesting to use time from his or her sick leave balance. Employees working in a state or city that mandates sick leave pay must also meet the below requirements and submit their request to use sick leave pay by submitting an Employee Sick Leave Request Form to Employment Solutions Payroll Department. The Employment Solutions Payroll Department must receive your completed Employee Sick Leave Request Form by 10 AM EST on Tuesdays* in order for your sick pay to be processed that week. If your Employee Sick Leave Request form is received after this deadline, your sick pay will be paid the following week. If employee wishes to know how much sick time they have available they will need to contact the Employment Solutions Payroll Department. The Employment Solutions Payroll Department will notify employee in writing of available sick time hours, when requested. Sick leave is for the purpose of continuing your pay during periods in which you are unable to perform your job responsibility due to illness, accident, or reasons covered by Sick Leave Act. Sick leave pay is the same as the employee s regular salary, and is subject to the same withholding elections. Employment Solutions calendar year runs January-December. If an employee is unable to work due to illness, the employee must notify their immediate supervisor and Employment Solutions as soon as possible after the onset of the illness, and certainly by the time the employee was to report to work. It is not permissible to be gainfully employed elsewhere while out on sick leave. Any employee doing so will be considered to have voluntarily quit without notice and to not be in good standing at the time of resignation. If an illness extends more than three (3) consecutive working days, the employee must provide a note from the treating physician in order to return to work. If the employee is out more than three consecutive days and qualifies for Family Medical Leave, additional paperwork may be required. (See Family Medical Leave section). If an employee uses sick leave excessively or develops a pattern, Employment Solutions may require a physician s statement to verify the need to take extensive sick leave. *This deadline is subject to change. A common reason for a change in the deadline is when a holiday shortens the work week. 14 Benefits Handbook 2018
In the event of any conflict between this policy and the applicable law, employees will be afforded all rights required by law. California Employees: Effective July 1, 2015; eligible after 30 days of employment Cap of 24 hours or 3 days in each year of employment Any unused sick leave may be forfeited at the end of the employment year, and sick leave will not be paid out upon termination of the employment relationship For more information visit http://www.dir.ca.gov/dlse/paid_sick_leave.htm Connecticut Employees (for Service Workers only): Accrue 1 hour per 40 hours worked Cap of 40 hours per year Can carry over 40 hours per year Can begin use after 680 th hour of work Must have worked an average of 10 or more hours per week in the most recent calendar quarter If there is a break in service, any unused sick time from prior to the break would be forfeited, but the time worked towards the 680 hours would still count For more information visit http://www.ctdol.state.ct.us/wgwkstnd/12-15%20pslfinal2011.pdf New Jersey Employees: Newark o You must work 80 hours per year o Earn 1 hour of paid sick time for every thirty hours worked o Cap of 40 hours per year o Can carry over up to 40 hours per year o Cannot use sick leave time until 91 st day of work o If employee has a break in employment, they can only keep sick time if they were terminated and the break is less than 6 months o For more information visit http://www.ci.newark.nj.us/wp- 15 Benefits Handbook 2018
content/uploads/2014/09/bus_paid_sick_leave_f AQ_FINAL.pdf New York City Employees: Accrue 1 hour per 30 hours worked Cap of 40 hours per year Can carry over up to 40 hours per year Cannot use sick leave time until 120 th day of work For more information visit http://www.nyc.gov/html/dca/downloads/pdf/mandatorynotice. pdf Oregon Employees: Portland o Must have worked 240 hours to be eligible o Earn 1 hour of paid sick time for every thirty hours worked o Cap of 40 hours per year o Can carry over up to 40 hours per year o Cannot use sick leave time until 91 st day of work o For more information visit https://www.portlandoregon.gov/sicktime/article/47533 9 Contact Employment Solutions Payroll Department for further questions at payroll@employmentsolutions-ny.com or by phone 607-732-7354 The Employee Sick Leave Request Form can be obtained by going to http://www.employmentsolutionsny.com/images/downloads/employee_resources/employee%20sick%20l eave%20request%20form.pdf or visiting your local branch office. Certain state or local laws may require modification of this Sick Leave Policy. Please refer to the Compliance with State and Local Law Policy. 16 Benefits Handbook 2018
FMLA Employment Solutions will comply with the Family and Medical Leave Act (FMLA) implementing Regulations as revised effective February 2013. The company posts the mandatory FMLA Notice and upon hire provides all new employees with notices required by the U.S. Department of Labor (DOL) on Employee Rights and Responsibilities under the Family and Medical Leave Act. The function of this policy is to provide employees with a general description of their FMLA rights. In the event of any conflict between this policy and the applicable law, employees will be afforded all rights required by law. If you have any questions, concerns, or disputes with this policy, you must contact the Payroll Department in writing. A. General Provisions Under this policy, Employment Solutions will grant up to 12 weeks (or up to 26 weeks of military caregiver leave to care for a covered service member with a serious injury or illness) during a 12-month period to eligible employees. The leave may be paid, unpaid, or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in this policy. B. Eligibility To qualify to take family or medical leave under this policy, the employee must meet all of the following conditions: 1) The employee must have worked for the company for a total of 12 months or 52 weeks. The 12 months or 52 weeks need not have been consecutive. Separate periods of employment will be counted, if the break in service does not exceed seven years. Separate periods of employment will be counted if the break in service exceeds seven years due to National Guard or Reserve military service obligations or when there is a written agreement, including a collective bargaining agreement, stating the employer s intention to rehire the employee after the service break. For eligibility purposes, an employee will be considered to have been employed for an entire week even if the employee was on the payroll for only part of a week or if the employee is on leave during the week. 2) The employee must have worked at least 1,250 hours during the 12- month period immediately before the date when the leave is requested to commence. The principles established under the Fair Labor Standards Act (FLSA) determine the number of hours worked by an employee. The FLSA does not include time spent on paid or unpaid leave as hours worked. 17 Benefits Handbook 2018
Consequently, these hours of leave should not be counted in determining the 1,250 hours eligibility test for an employee under FMLA. 3) The employee must work in a worksite where 50 or more employees are employed by the company within 75 miles of that office or worksite. The distance is to be calculated by using available transportation by the most direct route. C. Type of Leave Covered To qualify as FMLA leave under this policy, the employee must be taking leave for one of the reasons listed below: 1) The birth of a child, or placement of a child with the employee for adoption or foster care; 2) The employee s own serious health condition (described below); 3) The employee is needed to care for his or her spouse, child, or parent due to the family member s serious health condition (described below); An employee may take leave because of a serious health condition that makes the employee unable to perform the functions of the employee's position. A serious health condition is defined as a condition that requires inpatient care at a hospital, hospice, or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care or a condition that requires continuing care by a licensed health care provider. This policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy absences. Generally, a chronic or long-term health condition that would result in a period of three consecutive days of incapacity with the first visit to the health care provider within seven days of the onset of the incapacity and a second visit within 30 days of the incapacity would be considered a serious health condition. For chronic conditions requiring periodic health care visits for treatment, such visits must take place at least twice a year. Employees with questions about what illnesses are covered under this FMLA policy or under the company's sick leave policy are encouraged to consult with the Payroll Department. If an employee takes paid sick leave for a condition that progresses into a serious health condition and the employee requests unpaid leave as provided under this policy, the company may designate all or some portion of related leave taken as leave under this policy, to the extent that the earlier leave meets the necessary qualifications. 18 Benefits Handbook 2018
4) A qualifying exigency arising out of the fact that your spouse, son or daughter, or parent is on covered active duty or call to covered active duty status with the Armed Forces; An employee whose spouse, son, daughter, or parent either has been notified of an impending call or order to covered active military duty or who is already on covered active duty may take up to 12 weeks of leave for reasons related to or affected by the family member s call-up or service. The qualifying exigency must be one of the following: a. short-notice deployment b. military events and activities c. child care and school activities, d. financial and legal arrangements, e. counseling, f. rest and recuperation, g. post-deployment activities and h. additional activities that arise out of active duty, provided that the employer and employee agree, including agreement on timing and duration of the leave. Eligible employees are entitled to FMLA leave to care for a current member of the Armed Forces, including a member of the National Guard or Reserves, or a member of the Armed Forces, the National Guard or Reserves who is on the temporary disability retired list, who has a serious injury or illness incurred in the line of duty on active duty for which he or she is undergoing medical treatment, recuperation, or therapy; or otherwise in outpatient status; or otherwise on the temporary disability retired list. Eligible employees may not take leave under this provision to care for former members of the Armed Forces, former members of the National Guard and Reserves, and members on the permanent disability retired list. In order to care for a covered service member, an eligible employee must be the spouse, son, daughter, parent, or next of kin of a covered service member. a) A son or daughter of a covered service member means the covered service member s biological, adopted, or foster child, stepchild, legal ward, or a child for whom the covered service member stood in loco parentis, and who is of any age. 19 Benefits Handbook 2018
b) A parent of a covered service member means a covered service member s biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the covered service member. This term does not include parents in law. c) Under the FMLA, a spouse means a husband or wife as defined under the law in the state where the employee resides. d) The next of kin of a covered service member is the nearest blood relative, other than the covered service member s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made, and there are multiple family members with the same level of relationship to the covered service member, all such family members shall be considered the covered service member s next of kin and may take FMLA leave to provide care to the covered service member, either consecutively or simultaneously. When such designation has been made, the designated individual shall be deemed the covered service member s only next of kin. For example, if a covered service member has three siblings and has not designated a blood relative to provide care, all three siblings would be considered the covered service member s next of kin. Alternatively, where a covered service member has a sibling(s) and designates a cousin as his or her next of kin for FMLA purposes, then only the designated cousin is eligible as the covered service member s next of kin. An employer is permitted to require an employee to provide confirmation of covered family relationship to the covered service member pursuant to 825.122(j). Covered active duty means: (a) Covered active duty for members of a regular component of the Armed Forces means duty during deployment of the member with the Armed Forces to a foreign country. (b) Covered active duty for members of the reserve components of the Armed Forces (members of the U.S. National Guard and Reserves) means duty during deployment of the member with the 20 Benefits Handbook 2018
Armed Forces to a foreign country under a call or order to active duty in a contingency operation as defined in section 101(a)(13)(B) of title 10, United States Code. (a) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and The leave may commence as soon as the individual receives the call-up notice. (Son or daughter for this type of FMLA leave is defined the same as for child for other types of FMLA leave except that the person does not have to be a minor.) This type of leave would be counted toward the employee s 12-week maximum of FMLA leave in a 12-month period. 5) The employee is the spouse, son or daughter, parent, or next of kin of a covered service member with a serious injury or illness. An employee whose son, daughter, parent or next of kin is a covered service member may take up to 26 weeks in a single 12- month period to take care of leave to care for that service member. Next of kin is defined as the closest blood relative of the injured or recovering service member. The term covered service member means: (a) a member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or (b) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. The term serious injury or illness means: (a) in the case of a member of the Armed Forces (including a member of the National Guard or Reserves), means an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or existed before the beginning of the member s active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member s office, grade, rank, or rating; and 21 Benefits Handbook 2018
(b) in the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period when the person was a covered service member, means a qualifying (as defined by the Secretary of Labor) injury or illness incurred by a covered service member in the line of duty on active duty that may render the service member medically unfit to perform the duties of his or her office, grade, rank or rating. (c) Outpatient status, with respect to a covered service member, means the status of a member of the Armed Forces assigned to either a military medical treatment facility as an outpatient; or a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. D. Amount of Leave An eligible employee can take up to 12 weeks for the FMLA circumstances (1) through (4) above under this policy during any 12-month period. The company will measure the 12-month period as a rolling 12-month period measured backward from the date an employee uses any leave under this policy. Each time an employee takes leave, the company will compute the amount of leave the employee has taken under this policy in the last 12 months and subtract it from the 12 weeks of available leave, and the balance remaining is the amount the employee is entitled to take at that time. An eligible employee can take up to 26 weeks for the FMLA circumstance (5) above (military caregiver leave) during a single 12-month period. For this military caregiver leave, the company will measure the 12-month period as a rolling 12-month period measured forward. FMLA leave already taken for other FMLA circumstances will be deducted from the total of 26 weeks available. If a husband and wife both work for the company and each wishes to take leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent (but not a parent "in-law") with a serious health condition, the husband and wife may only take a combined total of 12 weeks of leave. If a husband and wife both work for the company and each wishes to take leave to care for a covered injured or ill service member, the husband and wife may only take a combined total of 26 weeks of leave. 22 Benefits Handbook 2018
E. Employee Status and Benefits During Leave While an employee is on leave, the company will continue the employee's health benefits during the leave period at the same level and under the same conditions as if the employee had continued to work. If the employee chooses not to return to work for reasons other than: (1) a continued, recurrent, or onset of a serious health condition which would entitle you to FMLA leave; (2) a continued, recurrent, or onset of a covered service member s serious injury or illness which would entitle you to FMLA leave; or (3) another circumstance beyond the employee's control, the company will require the employee to reimburse the company the amount it paid for the employee's health insurance premium during the leave period. Under current company policy, the employee pays a portion of the health care premium. While on paid leave, the employer will continue to make payroll deductions to collect the employee's share of the premium. While on unpaid leave, the employee must continue to make this payment, either in person or by mail. The payment must be received in the Payroll Department by the first day of each month. If the payment is more than 30 days late, the employee's health care coverage may be dropped for the duration of the leave. The employer will provide 15 days' notification prior to the employee's loss of coverage. If the employee contributes to a life insurance or disability plan, the employer will continue making payroll deductions while the employee is on paid leave. While the employee is on unpaid leave, the employee may request continuation of such benefits and pay his or her portion of the premiums, or the employer may elect to maintain such benefits during the leave and pay the employee's share of the premium payments. If the employee does not continue these payments, the employer may discontinue coverage during the leave. If the employer maintains coverage, the employer may recover the costs incurred for paying the employee's share of any premiums, whether or not the employee returns to work. F. Employee Status After Leave Generally, an employee who takes FMLA leave has the right to return to the same position or a position with equivalent status, pay, benefits, and other employment terms. The position will be the same or one that is virtually identical in terms of pay, benefits, and working conditions. The company may choose to exempt certain key employees from this requirement and not return them to the same or similar position. A key employee is defined as a salaried, FMLA-eligible employee who is among the highest paid 10 23 Benefits Handbook 2018
percent of all the employees working for the employer within 75 miles of the employee s worksite. G. Use of Paid and Unpaid Leave Disability leave for the birth of a child and for an employee's serious health condition, including workers' compensation leave (to the extent that it qualifies), will be designated as FMLA leave and will run concurrently with FMLA. For example, if an employer provides six weeks of pregnancy disability leave, the six weeks will be designated as FMLA leave and counted toward the employee's 12-week entitlement. The employee may then be required to substitute accrued (or earned) paid leave as appropriate before being eligible for unpaid leave for what remains of the 12-week entitlement. While not required, the employee has the right to use any available sick, vacation, or other paid leave time run concurrently with his or her unpaid leave entitlement, provided the employee meets the applicable requirements of the leave policy. H. Intermittent Leave or a Reduced Work Schedule The employee may take FMLA leave in 12 consecutive weeks, may use the leave intermittently (take a day periodically when needed over the year), or, under certain circumstances, may use the leave to reduce the workweek or workday, resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of 12 workweeks (or 26 workweeks to care for an injured or ill service member over a 12-month period). The company may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule. This would happen in instances when leave for the employee or employee's family member is foreseeable and for planned medical treatment, including recovery from a serious health condition or to care for a child after birth, or placement for adoption or foster care. For the birth, adoption or foster care of a child, the company and the employee must mutually agree to the schedule before the employee may take the leave intermittently or work a reduced hour schedule. Leave for birth, adoption or foster care of a child must be taken within one year of the birth or placement of the child. If the employee is taking leave for a serious health condition or because of the serious health condition of a family member, the employee should try to reach agreement with the company before taking intermittent leave or working a reduced hour schedule. If this is not possible, then the employee must prove that the use of the leave is medically necessary. 24 Benefits Handbook 2018
I. Certification for the Employee s Serious Health Condition The company will require Medical Certification for the employee s serious health condition. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. Medical certification should be provided using the DOL Certification of Health Care Provider for Employee s Serious Health Condition (WH-280- E) and must include some specific information. Information needed includes contact information for the health care provider; when the serious health condition began; how long the condition is expected to last; appropriate medical facts about the condition; whether the employee is unable to work; and whether the employee needs leave continuously or intermittently. The company may directly contact the employee s health care provider for verification or clarification purposes using a health care professional, an HR professional, leave administrator, or management official. The company will not use the employee s direct supervisor for this contact. Before the company makes this direct contact with the health care provider, the employee will be a given an opportunity to resolve any deficiencies in the medical certification. In compliance with HIPAA Medical Privacy Rules, the company will obtain the employee s permission for clarification of individually identifiable health information. The company has the right to ask for a second opinion if it has reason to doubt the certification. The company will pay for the employee to get a certification from a second doctor, which the company will select. The company may deny FMLA leave to an employee who refuses to release relevant medical records to the health care provider designated to provide a second or third opinion. If necessary to resolve a conflict between the original certification and the second opinion, the company will require the opinion of a third doctor. The company and the employee will mutually select the third doctor, and the company will pay for the opinion. This third opinion will be considered final. The employee will be provisionally entitled to leave and benefits under the FMLA pending the second and/or third opinion. The company may require an updated medical certification if the employee s need for leave continues for an extended period of time, or if it changes significantly. J. Certification for the Family Member s Serious Health Condition The company will require Medical Certification for the family member s serious health condition. The employee must respond to such a request 25 Benefits Handbook 2018
within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. Medical certification should be provided using the DOL Certification of Health Care Provider for Family Member s Serious Health Condition (WH-380-F ) and must include some specific information. Information needed includes contact information for the health care provider; when the serious health condition began; how long the condition is expected to last; appropriate medical facts about the condition; whether the employee s family member is in need of care; and whether the employee needs leave continuously or intermittently. The company may directly contact the employee s family member s health care provider for verification or clarification purposes using a health care professional, an HR professional, leave administrator or management official. The company will not use the employee s direct supervisor for this contact. Before the company makes this direct contact with the health care provider, the employee will be a given an opportunity to resolve any deficiencies in the medical certification. In compliance with HIPAA Medical Privacy Rules, the company will obtain the employee s family member s permission for clarification of individually identifiable health information. The company has the right to ask for a second opinion if it has reason to doubt the certification. The company will pay for the employee s family member to get a certification from a second doctor, which the company will select. The company may deny FMLA leave to an employee whose family member refuses to release relevant medical records to the health care provider designated to provide a second or third opinion. If necessary to resolve a conflict between the original certification and the second opinion, the company will require the opinion of a third doctor. The company and the employee will mutually select the third doctor, and the company will pay for the opinion. This third opinion will be considered final. The employee will be provisionally entitled to leave and benefits under the FMLA pending the second and/or third opinion. The company may require an updated medical certification if the employee s need for leave continues for an extended period of time, or if it changes significantly. K. Certification of Qualifying Exigency for Military Family Leave The company will require certification of the qualifying exigency for military family leave. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of 26 Benefits Handbook 2018
leave. This certification will be provided using the DOL Certification of Qualifying Exigency for Military Family Leave (WH-384 ). L. Certification for Serious Injury or Illness of Covered Service member for Military Family Leave The company will require certification for the serious injury or illness of the covered service member. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. This certification will be provided using the DOL Certification for Serious Injury or Illness of Covered Service member (WH-385). M. Recertification The company may request recertification for the serious health condition of the employee or the employee s family member no more frequently than every 30 days and only when circumstances have changed significantly, or if the employer receives information casting doubt on the reason given for the absence, or if the employee seeks an extension of his or her leave. Otherwise, the company may request recertification for the serious health condition of the employee or the employee s family member every six months in connection with an FMLA absence. The company may provide the employee s health care provider with the employee s attendance records and ask whether need for leave is consistent with the employee s serious health condition. N. Procedure for Requesting FMLA Leave All employees requesting FMLA leave must provide verbal or written notice of the need for the leave to the Payroll Department. Within five business days after the employee has provided this notice, the Payroll Department will complete and provide the employee with the DOL Notice of Eligibility and Rights and Responsibilities (WH-381). If the employee is found to be not eligible for FMLA leave, the company will provide at least one reason why. When the need for the leave is foreseeable, the employee must provide the employer with at least 30 days' notice. When an employee becomes aware of a need for FMLA leave less than 30 days in advance, the employee must provide notice of the need for the leave either the same day or the next business day. When the need for FMLA leave is not foreseeable, the employee must comply with the company s usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances. 27 Benefits Handbook 2018
O. Designation of FMLA Leave Within five business days after the employee has submitted the appropriate certification form, the Payroll Department will complete and provide the employee with a written response to the employee s request for FMLA leave using the DOL Designation Notice (WH-382). This Designation Notice will be provided for both requests that are designated FMLA Leave and those that are not designated FMLA leave. P. Intent to Return to Work from FMLA Leave On a basis that does not discriminate against employees on FMLA leave; the company may require an employee on FMLA leave to report periodically on the employee s status and intent to return to work. Q. Prohibition Against Retaliation The company is prohibited from retaliating against any employee who opposes or complains about any unlawful practice under the FMLA. As such, the company will not discharge or in any other way discriminate against any person because that person has filed any charge or instituted any proceeding under or related to the Act or has given, or is about to give, any information or testimony in connection with an inquiry or proceeding relating to a right under this Act. R. Record Keeping Requirements The company will keep and preserve all required records in accordance with state and federal law. All information and documents relating to certifications, recertifications, and medical histories will be kept confidential and separate from general personnel files. Certain state or local laws may require modification of this FMLA Policy. Please refer to the Compliance with State and Local Law Policy. 28 Benefits Handbook 2018
PAID FAMILY LEAVE (PFL) Several states have implemented Paid Family Leave programs to provide employees with paid leave in certain circumstances. The following is an example of states that provide Paid Family Leave benefits at the time this handbook was printed. California: Benefits are provided to individuals who need to take time off work to care for a seriously ill child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or other registered domestic partner. Benefits are also available to new parents who need time to bond with a new child entering their life either by birth, adoption, or foster care placement. There are several eligibility requirements that need to be met in order to be eligible for this program. Any questions regarding the CA Paid Family Leave program can be directed to their website at www.edd.ca.gov/disability/paid_family_leave.htm. New Jersey: Under the Family Leave Insurance provision of the New Jersey Temporary Disability Benefits Law, cash benefits may be payable for up to six (6) weeks to bond with a newborn or newly adopted child or to provide care for a seriously ill family member. There are several eligibility requirements that need to be met in order to be eligible for this program. Any questions regarding the NJ Paid Family Leave program can be directed to a Customer Service Representative at 609-292-7060 or their website at http://lwd.dol.state.nj.us/labor/fli/fliindex.html. New York: The New York State program provides New Yorkers with job-protected, paid leave to bond with a new child, care for a lived one with a serious health condition, or help relieve family pressures when someone is called to active military service. Employees in New York State will be eligible for PFL after working full-time for 26 weeks or part-time for 175 days. Any questions regarding the NY Paid Family Leave program can be directed to the NYS Paid Family Leave Helpline at 1-844-337-6303 or their website at www.ny.gov/programs/new-york-state-paid-family-leave. Certain state or local laws may require modification of this Paid Family Leave Policy. Please refer to the Compliance with State and Local Law Policy. 29 Benefits Handbook 2018
SHORT TERM DISABILITY Employees who are unable to work for a short time due to a non-work related injury or illness (including a pregnancy-related disability) may be eligible for Short Term Disability benefits. These benefits pay a portion of the wages lost due to the employee s disability and are available through state programs in certain states. The following is an example of states that provide Short Term Disability benefits at the time this handbook was printed. California: Who is eligible? Employees unable to work due to disability which has resulted in lost income. Employees who received at least $300 in wages (SDI taxes withheld) during base period Base period is the twelve months that ends just prior to the last complete calendar quarter before the employee files an SDI claim What is considered a disability? A Doctor certification stating employee is unable to work (unable to perform regular job duties). Pregnancy: Can receive SDI two to four weeks before due date and four weeks post-delivery. Elective surgery: Recovery from elective and cosmetic surgeries is covered by SDI, as long as your doctor certifies that you are disabled. How to file for SDI? File claim with state s EDD (Employment development Department) within seven weeks of becoming unable to work or benefit rights will be lost. Complete a seven-day waiting period, for which benefits are not paid. File a medical certificate of disability signed by a duly authorized medical or religious practitioner (this is part of the claim form). How much does California SDI pay? If eligible for SDI, benefits will be received every two weeks. Benefit amounts depend on earnings during the base period. SDI pays about 55% of your wages during your highest-paid calendar quarter of the base period. This amount is not subject to tax, so what you receive will be more than 55% of your usual take-home 30 Benefits Handbook 2018
pay. If you receive any earnings while you are on SDI, that amount will be subtracted from your benefits. For more information visit: http://www.edd.ca.gov/disability/ New York: Who is eligible? An employee is entitled to coverage if he or she suffers an off-thejob illness, injury, or other disabling event (including pregnancy) and: The employee has worked for a covered employer for at least four weeks The employee works for a successor of a covered employer The employee is a domestic or personal employee who works at least 40 hours per week for one employer, or The employee works for an employer who has voluntarily elected to provide coverage. What is considered a disability? Off-the-job illness, injury, or other disabling event (including pregnancy). How to file for SDI? To file for SDI coverage, you must file a claim (Form DB-450 - available from your employer or the insurance carrier). Form must be filed within 30 days of your disability. If the insurance carrier or your employer (if it is self-insured) decides that your claim is not covered, it is required to notify you within 45 days. If this happens, you have the right to a review by the New York Workers' Compensation Board (which oversees the state's short-term disability program). How much does New York State SDI pay? Disability benefits will pay 50% of your average wages (calculated over the prior eight weeks) up to a maximum of $170 per week. Benefits will begin on your eight consecutive day out of work; the first seven days is an unpaid waiting period. You can receive benefits for a maximum of 26 weeks in a 52-week period. You will receive payment every two weeks. For pregnancy, women are covered for six weeks after a normal pregnancy and eight weeks after a Caesarian section (those these lengths may be extended if there are complications). Women filing 31 Benefits Handbook 2018
for post-childbirth benefits receive the same payment as those filing for other disabilities. Medical costs are not covered by disability insurance. For more information visit: http://ww3.nysif.com/home/disabilitybenefits/claimantservices.aspx New Jersey: Who is eligible? Must have a non-work related illness/injury keeping employee from work and be under medical care for treatment of the disabling condition. Must have worked 20 calendar weeks earning a minimum of $145/week by a covered New Jersey employer 9Must have earned $3,700 or more during your base year ). What is considered a disability? Covers disabilities (including pregnancy) that are not work-related. Injuries or illnesses suffered on the job are generally handled through the state's workers' compensation program (although an employee may be eligible for TDI (Temporary Disability Insurance) coverage if workers' comp benefits are denied or stop). How to file for SDI? Must mail the three part claim form, Form DS-1, to the Disability Insurance Office in Trenton (You must complete one, your doctor must complete one, and your most recent employer must complete one). Claim must be filed within 30 days of becoming disabled. How much does New Jersey TDI pay? Eligible employees receive two-thirds of their average weekly salary in the eight weeks before filing a claim, up to a maximum amount set by law. This amount changes periodically. For more information visit: http://lwd.dol.state.nj.us/labor/tdi/tdiindex.html Please also refer to the Family and Medical Leave Act Policy. Certain state or local laws may require modification of this Short Term Disability Policy. Please refer to the Compliance with State and Local Law Policy. 32 Benefits Handbook 2018
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AMERICANS WITH DISABILITIES ACT AND ADAAA Employment Solutions is committed to compliance with the Americans with Disabilities Act and the ADA Amendment Act. As such, Employment Solutions prohibits any and all types of discrimination against a qualified applicant or employee on the basis of: (1) a current disability, (2) record of a prior disability, (3) being perceived or regarded as disabled, or (4) a relationship or association with someone with a disability. A qualified applicant is an individual who can perform the essential functions of the job in question, either with or without a reasonable accommodation. Employment Solutions will provide reasonable accommodation to individuals with a known disability if such an accommodation would not impose an undue hardship on Employment Solutions. If an applicant or employee is in need of an accommodation, the individual should contact the Employment Solutions Recruiting Office. The Recruiting Office will promptly engage in the interactive process with the applicant or employee regarding the requested accommodation and may require medical documentation of the disability. Certain state or local laws may require modification of this ADA and ADAA Policy. Please refer to the Compliance with State and Local Law Policy. 34 Benefits Handbook 2018
MILITARY LEAVE Employment Solutions is committed to protecting the job rights of employees absent on military leave. An employee who is a member of the Uniformed Services will be granted an unpaid leave of absence for military service, training, or related obligations is accordance with the Uniformed Services Employment and Re-Employment Rights Act of 1994 (USERRA) and other applicable state and local laws. Written or verbal notice must be given in advance of the military service unless precluded by military necessity or under other circumstances where it is impossible to give notice. During a military leave of less than 31 days, an employee is entitled to continued group health plan coverage under the same conditions as if the employee had continued to work. For military leaves of more than 30 days, and employee may elect to continue his or her health coverage for up to 24 months of uniformed service, but may be required to pay all or part of the premium for the continued coverage. The cumulative length of military leave, when combined with all previous military leave since the employee s hire date, cannot exceed 5 years on active duty. Employees are paid through the actual last day of work prior to the leave. Employees who take military leave are entitled to reinstatement if: (1) proper notice of the leave was given, (2) length of service does not exceed 5 years, (3) separation from military was under honorable conditions, and (4) re-application for employment is in an appropriate and timely manner. Any employee who fails to timely notify Employment Solutions of his or her availability to return to work, or to provide proof of discharge from military service, may not be reinstated. In addition, employees who take military leave may not be reinstated if their employment prior to the military leave was merely for a brief, non-recurrent period and there was no reasonable expectation that the employment would have continued indefinitely or for a significant period. Please also refer to the Family and Medical Leave Act Policy. Certain state or local laws may require modification of this Military Leave Policy. Please refer to the Compliance with State and Local Law Policy. 35 Benefits Handbook 2018
PERSONAL LEAVE OF ABSENCE Employment Solutions may consider an unpaid personal leave without pay for employees who require time off in addition to other types of leave. Job performance, length of service, absenteeism, and departmental requirements all will be taken into consideration before a leave request is approved. Requests for unpaid personal leave may be denied or granted by the company for any reason or no reason and are within the sole discretion of the company. Employment Solutions reserves the right to terminate employment for any reason or no reason during the leave of absence. Due to the nature of the industry Employment Solutions is a part of, the company cannot guarantee that an employee s specific job will be available when the employee returns from leave. However, an employee who takes an approved personal leave of absence will remain hirable and all effort will be made to place them back out on assignment when they return from leave. Certain state or local laws may require modification of this Personal Leave Policy. Please refer to the Compliance with State and Local Law Policy. HOLIDAY AND VACATION PAY Employment Solutions does not offer Holiday Pay or Vacation Pay for temporary workers. Some client agreements, however, do include a provision for paid holidays or vacation pay for those workers assigned to that specific client. COMPLIANCE WITH STATE AND LOCAL LAW Employment Solutions is a multi-state employer, and as such we may be required to follow specific state and local laws in certain locations, which differ from the Company policies and procedures set forth in this Handbook. Whenever mandated, Employment Solutions will follow specific state or local laws. 36 Benefits Handbook 2018