Human Resources Campus Information Session

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Human Resources Campus Information Session

• Tuesday, December 10, 2002

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Family Medical Leave Act and Workers Compensation
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Family Medical Leave Act

• Department of Labor
• Wage and Hour Division
• Effective August 5, 1993
• Revised 1995

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What is FMLA?

• FMLA Leave Entitlement
• Under federal law, FMLA entitles employees to
  have 12 weeks of job protected leave (paid or
  unpaid) in a 12-month period for specified family
  and medical reasons
• Employers are allowed to substitute paid leave
  for unpaid leave based on the FMLA election

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Reasons for FMLA

• For the birth, adoption or foster care placement
  of a child or to care for a new born child
• To care for an immediate family member with a
  serious health condition (spouse, child parent)
• When the employee is unable to work because of a
  serious health condition

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Intermittent/ Reduced Schedule Leave

• May be taken when medically necessary to care for
  a seriously ill family member, or because of the
  employees serious health condition
• May be taken to care for a newborn or newly
  placed adopted or foster care child (only with
  the employer approval)

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Employee Eligibility

• Has worked for the employer for at least 12
  months and
• Has worked at least 1,250 hours during the 12
  months prior to FMLA

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Serious Health Condition

• Means an illness, injury, impairment or physical
  or mental condition that involves
• Inpatient (overnight) hospital stay or
• A period of incapacity requiring absences of more
  than three calendar days from work, involving
  the continuing treatment of a healthcare
  provider or
• A period of incapacity due to pregnancy or
  prenatal care or
• A period of incapacity due to a chronic serious
  health condition (asthma, diabetes, epilepsy) or
• A period of incapacity due to a long term illness
  for which treatment may not be effective (stroke,
  Alzheimer's) or
• Absences related to multiple treatments for a
  condition that would likely result in incapacity
  of more than three days if left untreated (chemo,
  dialysis)

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Medical Certification

• An employer may require that the need for
  leave for a serious medical condition of the
  employee or the family member be supported by
  certification issued by a health care provider.
  The employer must allow the employee at least 15
  calendar days to obtain the medical
  certification.

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Health Care Provider

• Doctor, Podiatrist, Dentist, Clinical
  Psychologist, Optometrist, Chiropractors, and the
  list goes on...

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Protections under FMLA

• A covered employee
• Maintains health insurance
• Life insurance
• Vision coverage
• Will be restored to his original job or
  equivalent job in terms of pay, benefits and
  other terms and conditions of employment

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Employee Notice

• Employees should provide
• 30 day advance notice when leave is foreseeable
• Notice as so as practical when leave is not
  foreseeable deemed as verbal notice within one
  to two days
• Sufficient information for employer to understand
  that the employee needs leave for FMLA
  qualifying event (does not need to mention FMLA)

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Employer Notice

• Post the notice approved by Secretary of Labor
• Include information about employee rights in
  handbooks and written material or provide written
  guidelines
• Provide a written notice designating the leave as
  FMLA leave, detailing specific expectations of
  the employee who is exercising his FMLA
  entitlement. The notice must be provided within
  one to TWO business days after receiving the
  employees notice of need for leave (WH-381)

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Employer Response to Employee Request for Family
or Medical Leave (WH-381)

• Describes how the leave will be counted
• Describes the requirements of the employee to
  furnish medical certification and the
  consequences of failing to do so
• Describes the employees right to elect to use
  paid leave or the employers right to require the
  use of paid leave and the conditions relating to
  using paid leave

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Supervisor Responsibilities

• Recognize the need to designate a leave as Family
  Medical Leave
• Notify Human Resources Benefits Office
• Collect the Health Care Certificate from the
  employee
• Assure that time sheet is marked correctly DTOS
  is recorded
• Be consistent!

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Human Resources Responsibilities

• We will send the initial notifications (WH-381)
  to the employee copying the supervisor
• We will notify Payroll regarding the impending
  time sheets for FMLA designation

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WorkersCompensation
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Missouri Workers Compensation Law

• Guarantees certain benefits to employees who are
  injured or become ill because of their jobs
• Any job-related injury/illness is covered
• KEY Is the injury/illness caused by the job?

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Central Accident Reporting Office (CARO)

• Southeast provides workers compensation coverage
  through the Office of Administration
• Workers compensation is managed through CARO

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Central Accident Reporting Office (CARO)

• Reviews the injury/illness and determines if it
  is work related.The determination does not come
  from Southeast Missouri State University

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Eligibility

• All employees of the University
• Full time
• Part time
• Student employees
• Temp and temp on-call

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In event of injury or illness. . .

• Employee must
• Report the injury/illness immediately to
  supervisor
• Employer must
• See that the employee is directed to a medical
  provider

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When injury/illness occurs, supervisors should

• Give employee the CARO Workers Compensation
  Packet
• Assist employee in completing information
• Send all forms to Benefits Office for processing
• Determine if medical treatment is needed
• Emergency situations send employee to emergency
  room
• Non-emergency situations call 1-800 number for
  authorized medical referral

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CARO NUMBER

• 1-800-624-2354

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Reporting Packets

• Workers Compensation Investigation Report
  Supervisors Statement
• Employee Initial Injury Report
• Authorization to Release Medical Records
• Notice and Acknowledgement of Rights to WC
  Benefits
• Witness Statement

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Forms Employee Statement

• The employee must complete a Employee Injury
  Report to have the WC claim processed

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Forms Notice and Acknowledgement

• This form outlines the employees rights under
  Workers Compensation

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Forms Medical Release

• The employee must authorize a release of medical
  records before the WC claim can be processed

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Forms Supervisor Statement

• Supervisors have the responsibility of reporting
  the illness or injury

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Forms Processing

• All forms should be returned to the Benefits
  Office immediately
• Benefits Office will check the forms for
  completion, complete an Initial Injury Report for
  each claim and forward claims packet to CARO

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CAROs Responsibilities

• CARO will acknowledge each claim to the employee
• CARO will provide information to the employee
  regarding course for medical treatment

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Ongoing Injury

• If the doctor states that the employee is unable
  to work, then upon approval by CARO, the employee
  is entitled to temporary total disability
  benefits.

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Employee Payment

• The employee is not paid the first three
  (consecutive) regularly scheduled days he is off
  from work, but he is paid for each consecutive
  day missed thereafter
• The first three days are paid if the employee is
  off 14 consecutive days

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Employee Payment

• The amount paid by workers compensation is 66 2/3
  of gross average weekly wage
• (The average wage is taken from the last 13
  weeks of work.)

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Reporting Lost Time

• Lost time should be reported under Workers
  Compensation on biweekly time sheet or monthly
  leave report (These sheets go to payroll).
• Supervisor is responsible for entering the hours
  in DTOS
• Supervisor should fax a copy of biweekly time
  sheets or monthly leave report to Benefits Office
  so that employee time can be allocated correctly
  !

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Reporting Lost Time

• Upon receiving the FAX, the Benefits Office will
  adjust the employees pay for the additional 1/3
  wage not covered by Workers Compensation
• These hours will be taken form the verified sick
  time and processed in the following payroll.
• NOTE Sick leave is not available to temporary
  employees or student employees.

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PART-TIME/OVERLOAD APPOINTMENTS

• Patty Eck
• Academic Affairs Support Specialist

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New Procedure for Approving PT/OVL Appointments

• Deans Receive Department Instructional Assignment
  Projection Tables to Distribute to Chairpersons
• Deans Review and Forward Completed Projections
• Provost Meets With Deans to Discuss
• Deans Submit PT/OVL Appointment Forms to Patty Eck

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Questions?

• Call or E-mail Patty Eck
• Extension 2064
• E-mail peck_at_semo.edu

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Personnel Operations

• Memo Template

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Memo Template forPersonnel Actions

• New template available for departments that
  prefer to use memos instead of Personnel Action
  Forms (PAFs) to convey personnel actions to HR
• Goal to make the process easier for those
  preparing the memos and for HR personnel entering
  the data

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Memo Template forPersonnel Actions

• Word document instructions and portions
  requiring completion are shown in red
• Available on HR forms website, located at
  http//www4.semo.edu/humanresources/forms
• Also e-mailed as an attachment
• Decide which section applies to the action needed
  and complete it delete the instructions and the
  other sections

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Memo Template forPersonnel Actions

• Obtain signatures from Chair/Supervisor,
  Dean/Director, and Provost/VP
• HR will get any other signatures needed
• Provide completed/signed form to Rhonda Turner in
  HR at Mail Stop 3150

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Questions?

• If you have any questions about what information
  is needed regarding a personnel action, contact
  Rhonda Turner at x6192 (rturner_at_semo.edu) or Pam
  Ladreiter at x2407 (pjladretier_at_semo.edu).