Understanding and

Managing Leave

Presented by

Human Resource Services

Rev. September 2014

ObjectivesReview Rules

Discuss Processes Work Through Impacts

• Medical Leaves• Workers Compensation (L&I)• Reasonable Accommodation (RA)• By the end of this training you should be

able to: • Understand the types of leave available

to employees and how the various leaves are interrelated

• Understand your role in the leave process

Leave Available through WSU

• Family Medical Leave

• Family Care Leave• Shared Leave• Work-Related

Injury/ Illness Leave

• Extended Leave as RA

• Parental Leave• Medical Leave

• Domestic Violence Leave

• Military Leave• Military Family

Leave

• Leave Without Pay• Annual Leave• Sick Leave• Compensatory

Time

An employee has just requested to use their annual leave/sick leave due to an upcoming surgery.

Scenario

WHAT DO YOU DO?

An employee has just requested to go onto leave without pay to care for a family member with a health condition?

Scenario

WHAT DO YOU DO?

• Personal Leave Requests go through normal departmental procedures. These are the most familiar to employees.

• Annual Leave• Sick Leave• Personal Holiday• Comp Time Usage• Leave Without Pay

• Exception:• Medical Leave requests are

administered through Human Resource Services.

Requesting Leave

Medical Leave Requests

Your responsibility as a supervisor is to:• Identify the need for medical leave

• A period of full-time, part-time, or ongoing intermittent leave

• Refer employee to HRS• If unsure of the request, contact

HRS

http://hrs.wsu.edu/Disability Services

Notification of Medical Leave Request

Employee Notifies Supervisor • Needs leave for

own or family member serious medical condition

Supervisor Directs Employee to HRS• HRS works with

employee to establish appropriate leave

HRS Notifies Department• Email• Written

correspondence• Verbal and in-

person meetings

Return to Work• If needed, info from

Health Care Provider (HCP) that identifies capabilities and/or limitations

• Duration of limitations• HRS notifies

department & employee

Types of Medical Leave• Family Medical Leave • Medical Leave• Family Care Leave• Leave as a Reasonable

Accommodation• Other: Shared Leave

How many here have dealt with these different leave types in the

past? Did you find the rules and

procedures clear and understandable?

Medical LeaveBenefits provided according to

Federal Law

State Law (RCW)

WAC/Collective Bargaining Agreements

University PolicyAP Handbook / Faculty

Manual

Family Medical LeaveFederal Provision • 12 weeks/480 hrs of leave each

rolling 12 month period• qualifying event, • eligible employees.

• 26 weeks for care of military family member.

Family Medical LeaveFederal Provision • Employee choose how to use

leave.• Leave can be for a block of time,

reduced work schedule, or used intermittently

• 12 month period starts first day of use and runs for next 12 months.

• All based on supporting medical documentation.

• Job protected leave *• Employee maintains employer

paid benefits, granted the employee continues to pay the premiums that are normally collected **

* Note that FML does not protect against budget

impacts, performance management or layoff

** Benefits can be terminated during the FML period

for nonpayment

Family Medical Leave

HRS determines eligibility based

on if the employee has worked

• for the state of Washington for

at least 12 months.

• for at least 1,250 hours during

the 12 month period

immediately preceding the

request for FML.

Family Medical LeaveEligible Employees:

Family Medical LeaveQualifying Events:

• Employee’s serious health

condition

• Birth, adoption, or placement

of a

child

• Care for a qualifying family member (child, parent, spouse) with a serious health condition

• Care for a qualifying family member recovering from a serious health condition sustained in the line of duty.

• Exigency Leave for employee whose qualifying family member has been called to active duty.

Family Medical LeaveQualifying Events (cont.):

• Domestic Violence Leave- Allows victims of domestic violence, sexual assault, or stalking to take reasonable leave from work:• Paid or unpaid • To take care of legal or law enforcement

needs and obtain health care • Family members may take leave to help

victim obtain help

Family Medical LeaveQualifying Events (cont.):

Family Care LeaveState Provision

• Leave to care for an eligible family member

• Must be in full paid status

• If eligible for FML, leave first designated as FML

• If the employee has paid leave available after the FML period, they are able to extend their leave under FCL

• Eligible Family Members include: spouse, child, parent, parent-in-law, and grandparent

Medical LeaveUniversity Provision

• Allows employees not FML eligible, who must be out full time for their own condition, up to total of 4 months (full time leave only)

• Allows for an additional month of insurance benefits beyond FML period when an employee is out full time• Must be in minimum 8 hours

paid status during additional month.

• An employee has worked for WSU for six months transferring from another state agency that they worked at full time for five years.

Eligible for FML?• An employee works

50%.Eligible for FML?

Scenario

RCW 41.04.660

BPPM 60.58

Allows state employees to donate their annual leave, sick leave, or personal holidays to another state employee who meets a Shared Leave criteria

Shared Leave

Leave Provisions• Allows state employees to donate

leave to other employees – that would not be lost

• Maximum received per event is 90 calendar days for an employee’s condition or the equivalent of LTD waiting period, whichever is shorter

• Maximum received over career with state is 261 days, or 2088 hours.

Shared Leave

1. Employee or relative or household member suffering from a severe, extreme or life threatening diagnosed medical condition

2. Domestic Violence - Employee3. Called to Uniform Services - Employee4. State of Emergency - Employee

AND• Employee on LWOP

AND • Not Workers’ Compensation eligible

Shared Leave

• HRS receives and approves a shared leave application.

• Employee is approved for Shared Leave

• WSU receives notification that the employee has filed a Workers’ Compensation claim.

• Claim is approved.Things to Consider? Actions to

Take?

Scenario

Workers Compensation

WAC 296-17

SPPM 2.30

Work Related Injury/Illness

• Injury or Occupational Diseasethat has a . . .

• Proximate Causewhich occurred during . . .

• Course of Employment

Workers’ Compensation

• Washington State Department of Labor and Industries (L&I)*

• No Fault Insurance• L& I looks towards a Quick

and Dependable Remedy

* WSU is not self insured

Benefits of Workers’ Compensation

• Approved Medical Care 100%• Wage Replacement• Return-to-Work Assistance• Permanent Partial Disability

Awards• Pensions• Survivor Benefits

You have just been notified by your

employee that they tripped coming down

the stairs falling onto their hands and

knees during the performance of

work.

WHAT DO YOU DO?

Scenario

Supervisor / DepartmentResponsibilities

• Ensure first-aid and/or medical treatment is provided‒ Call 911‒ Arrange* for ride to hospital/doctor as

necessary

• Interview the injured worker and any witnesses ASAP

• Have Online Incident Report completed within 24 hrs

• Complete the Supervisor’s Accident Investigation Report if:‒ Medical treatment is sought‒ Employee is unable to work next full shift

• Provide initial safety training and periodic safety reviews

Filing a L&I ClaimIf an employee chooses to file an L&I claim they do so

1. Through medical provider,

2. Online with L&I, or

3. Over the phone with L&I

WSU may question the claim validity if:

• Condition is not covered by law

• Not work related

• Questionable based on situation or timing, etc.

All L&I paperwork goes through HRS Pullman

• HRS MUST have a Health Care Provider (HCP) note in order for the Employee to RTW

• Medical papers received by department, are forwarded to HRS ASAP, keep no copies

• HRS notifies supervisor of restrictions

• Discuss available work• Temporarily Modify Job to

Accommodate

Workers’ Compensation- Work Limitations

Temporary Modified Duties

• Part-time/alternate schedule

• New duties - same knowledge

• Change building or location

• Different equipment or work methods

• Special projects

• Temp/Hourly duties

Workers’ Compensation- Return To Work

Coordination• HRS will get the HCP approval on

temporary modified duties

• Employers held to higher standard to return workers to the workforce.

• HRS Pullman coordinates WSU portion of all claims and works with employees and departments on applicable leave needs.

• Do not change job duties due to illness or injury without HRS consultation

ScenarioMy employee was injured on the job, was out on Family Medical Leave for 3 months, was granted an additional month of Medical Leave, and still needs to be off work.

WHAT’S NEXT?

Reasonable Accommodation

BPPM 60.21

Reasonable Accommodations (RA)

WSU will provide RA for a known physical, mental, or sensory limitation of an otherwise qualified individual.

• Condition substantially limits individual’s ability to perform the job.

• Employee must be able to perform the essential functions of the position with or without an RA.

RA Overview• Modification or adjustment to

a job, work environment, policies, practices, or procedures

• Enabling a qualified individual with a disability

• Equal employment opportunity • Does not impose an undue

hardship on the employer

Qualified IndividualAn individual with a medical condition who meets the:

• skill • experience• education, and • other job-related requirements

of the position held or desired.

Not a Qualified Disability

Return To Work or Excluded Issues • Non-chronic condition• Sprain, broken limb, flu• Pregnancy (normally)• Abnormal deviations in weight,

height, strength• Psychoactive substance use

disorders resulting from “current” illegal drug use

• Active alcoholism or abuse

Accommodations

• Making existing facilities readily accessible

• Acquiring or modifying equipment or devices

• Restructuring the job in a manner consistent with the rules

• Modify work schedules

• Granting a leave of absence consistent with law

• Providing the opportunity for reassignment to an open vacant recruited for position

Accommodations

Your employee is requesting a new chair due to a back condition

ORYour employee has returned to work from a period of medical leave and is claiming an inability to perform certain work duties due to physical limitations.

WHAT DO YOU DO?

Scenario

Accountabilities

Employee• Request a RA• Perform duties

and functions of a job with or without accommodation

• Participate in the interactive process

University• Provide RA to known

limitations of an otherwise qualified individual with a disability

• Keep medical information private and separate from personnel file

• Participate in the interactive process

Department ResponsibilitiesWhat to do

• Send employee to HRS• Notify HRS of the possible need for

leave/RA• Send medical documentation to HRS• Keep conversations “private”• Be an active, constructive participant in

the leave and RA processes• Accommodate through the official RA

process

RA ProcessIdentification - a need for RA is identified.

Documentation - the employee must submit medical certification to support the RA request.

Accommodation - Upon receipt of the necessary paperwork HRS will work with the department to determine the status of the RA request.

Determining Options • Medical documentation

‒ Capabilities and Limitations

Compare to/with• Position Description

‒ Job Duties/Functions

• Departmental Needs

HRS coordinates the RA processDepartment – Employee - HCP

Undue Hardship

• Not based solely on departmental funds, it is more global

‒ (i.e. department university state)

• There are no central funds for accommodations

• Light duty is RARELY an undue hardship

Scenarios

A school bus driver loses license due to a claimed disability.

What questions do you ask? What do you take into account when

looking at what, if any, accommodations?

Scenarios

The receptionist in a 3-person office that receives a constant flow of visitors throughout the day (the other 2 being teaching faculty) is unable to work a consistent 8-5 work day.

What questions do you ask? What do you take into account when looking at what, if any, accommodations?

Scenarios

An employee has requested several months off over and beyond the FML period.

What questions do you ask? What do you take into account when looking at what, if any, accommodations?

Extended Leave–RA Examples

Leave Start

12 Weeks of FMLA

+ month of med leave

Extended med leave as RA

Continued RA due to work limitations

RTW w/ limitations

Leave Start

12 Weeks of FMLA

Alternative Job Search

Disability separation +

month of med leave

Extended med leave as RA

Ex. 1

Ex. 2

Alternative Job Search (AJS)• Doctor determines the employee will not

be able to return to current position OR

• After going through thorough review process, the department is unable to accommodate the employee in their current position.

• HRS may look university wide for‒ open and recruited for positions; ‒ at the employees same or lower salary range; ‒ that the employee is qualified for; and‒ that match the employees accommodation

requirements.

Disability Separation• Medical documentation has

identified the employee cannot work in any capacity

• RA options have been exhausted

• HRS Disability Services coordinates with HRS Benefits unit to determine other possible options• Long Term Disability• Retirement• Disability Retirement

Disability Services Coordination

FML

Medical Leave

L&I

Interplay between these leaves is complicated.

HRS is here to help you manage the process.

RA

FCL

• BPPM 60.56 and 60.57 (Leave)

• BPPM 60.58 (Shared Leave)

• SPPM 2.30 (Workers Compensation)

• SPPM 2.32 (RTW Policy)

• BPPM 60.21(RA)

• Collective Bargaining Agreements

• Administrative Handbook

• Faculty Manual

Resources

• Office of Equal Opportunity (OEO) 335-8288‒ EEO/AA compliance‒ Disability discrimination

• Access Center 335-1566‒ Student accommodation issues

• WSU Accessibility‒ ADA Coordinator, 509-335-8288

Other Resources

Questions

Human Resource Services

Disability Services

www.hrs.wsu.edu

hrs.wsu.edu/Disability Services

509-335-4521 or hrs@wsu.edu

If you wish to have your attendance documented in your training history,

please notify Human Resource Services within three days of today's date:

hrstraining@wsu.edu

This has been a WSU Training

Videoconference