SCHOOL PERSONNEL SUPPORT UPDATE

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SCHOOL PERSONNEL SUPPORT UPDATE

• 2008
• Personnel Administrators of North Carolina
• Fall Conference

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Current SPS Staff

• Larry Simmons Section Chief
• 919-807-3364
• lsimmons_at_dpi.state.nc.us
• Joan Crump Personnel Analyst
• 919-807-3366
• jcrump_at_dpi.state.nc.us
• Sonya James Program Assistant
• 919-807-3365
• sjames_at_dpi.state.nc.us

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UPDATE ISSUES

• Personal Leave
• Reemployed Retirees and 11.7
• IRS 409A
• Reemployed Retirees and Benefits
• New (Proposed Changes to FMLA

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PERSONAL LEAVE

• See Personal Leave Handout

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Reemployed Retirees Exempt - 11.7

• All payments subject to 11.7
• LEA may negotiate a certified salary less than
  the 11.7 and pay the difference between the
  certified salary and the negotiated salary to
  TSERS from state funds (if state-funded
  position).
• 11.7 of salary, annual leave and longevity can
  be paid to TSERS from state funds.
• 11.7 for supplements, ABC bonuses, extra pay,
  mentor pay, etc., must be paid from local funds.

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IRS 409A12-month Installment Option

• The Internal Revenue Service (IRS) has recently
  ruled that the penalties under Section 409A and
  the associated election requirements do not apply
  to public school employees who earn less than
  186,000 per school year.
• Employees who are allowed to revoke their
  12-month options are not subject to penalty as
  previously communicated. The LEA may however,
  continue to enforce the irrevocable requirement
  of the 12-month option established in local board
  policy.

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Reemployed Retirees and Benefits

• Health Insurance Retirees exempt from the cap
  must be enrolled and premium paid by LEA. LEA
  must notify when retiree is no longer employed.
• A permanent status employee is entitled to all
  benefits based on percentage of employment.

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New (Proposed) Changes to FMLA
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MEDICAL CERTIFICATION

• Currently, only a physician hired by the employer
  may directly contact an employees health care
  provider.

• Proposed changes would permit employers to
  directly contact an employees healthcare
  provider to seek clarification and
  authentication of medical certifications.

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ELIGIBILITY

• Currently employee must work for at least 12
  months (not necessarily consecutive)

• Under proposed, employers would have to count
  employment prior to a break in service lasting
  less than five years.
• Military service can satisfy the 1,250-hour
  requirement for eligibility.

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LIGHT DUTY

• Currently, light-duty time can be counted against
  an employees 12 weeks of FMLA leave.

• Under the proposed regulations, periods of
  light-duty work wouldnt count against an
  employees 12 weeks of FMLA leave.

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FITNESS-FOR-DUTY CERTIFICATION

• Currently, an employer may have a uniformly
  applied policy or practice that requires
  employees to obtain and present medical statement
  that employee is able to resume work.
• Employer may not require FDC when employee takes
  intermittent leave

• Under the proposed regulations, an employer could
  require that an employees healthcare provider
  certify that the employee is able to perform the
  functions on a list of essential job functions
  provided by the employer.
• Employer may require FDC every 30 days.

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EMPLOYER NOTICE

• The proposals provide a general notice to be
  used by employers to inform employees generally
  of their FMLA rights. And employers would have to
  
• notify employees of their eligibility for leave
  within five business days of receiving a request
  for leave, and
• notify employees that leave is being designated
  as FMLA leave within five days after receiving
  sufficient information to make such a
  determination.

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EMPLOYEE NOTICE

• Currently, employee must provide at least 30 days
  notice if forseeable if not notice must be given
  as soon as practicable.

• The new rules would require that when an employee
  learns of the need for leave less than 30 days in
  advance, the employee must give notice the same
  or the following day, unless there are emergency
  circumstances that prevent notification.

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EMPLOYEE NOTICE

• For unforeseeable leave requests, the employee
  must provide notice to the employer no later than
  the start of the employees shift. And the
  proposals would permit employers to require
  employees to follow established call-in
  procedures.

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WAIVER OF FMLA CLAIMS

• The proposed regulations would permit employers
  and employees to voluntarily agree to the
  settlement of past FMLA claims without court or
  U.S. Department of Labor approval.

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THE END