Managing Employee HealthFamily Leaves, On the Job Injuries,

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Managing Employee Health/Family Leaves, On the
Job Injuries, Disabilities

• Guidance for WL Department Heads and Managers

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SCOPE OF WORKSHOP

• Health and Family Related Leaves
• On the Job Injuries
• Accommodations for Disabilities
• Confidentiality of Medical Information

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PURPOSE OF WORKSHOP

• To help you, as department heads and supervisors
  / managers, assist faculty and staff as these
  situations arise.
• To promote compliance with University policies
  and relevant laws and regulations.

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HYPOTHETICAL 1

• An employee is having a baby middle of fall term.
  She asks what kind of leave WL can provide her.
• What if employee is faculty?
• What if employee is academic year only and baby
  is due in July?

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HYPOTHETICAL 2

• Maintenance employees job involves heavy
  lifting. He injures his back on the job, and is
  out of work completely for two months. Upon
  return, he cant lift over 25 pounds and cant
  bend or reach overhead.

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HYPOTHETICAL 2 (contd)

• What kind of leave should employee have been on
  for the two months? How should medical bills be
  handled?
• How to handle restrictions if short-term?
  Permanent?
• How to handle employee request for ½ day off, 3x
  week for therapy?

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APPLICABLE WL POLICIES

• Non-Faculty Employee Sick Leave (Paid, up to 10
  consecutive days, for total of six months.
  Employee must notify supervisor. Doctors note
  required after 3 days - -send to D. Stoner in HR
  and keep her notified re of days.)
• Non-Faculty Employee Short-Term Disability (Paid,
  11 consecutive days six months, combined with
  sick leave. Supervisor should notify D. Stoner
  in HR after 10 consecutive days absence and
  advise employee to contact her. Requires written
  request, with return to work program.)
• Faculty Sick Leave (Paid, up to six months.)

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APPLICABLE WL POLICIES (contd)

• Family and Medical Leave - -FACULTY AND
  NON-FACULTY STAFF (Unpaid, 12 weeks, paid leave
  will be substituted in qualifying cases. Must be
  formally designated by HR - - notify D. Stoner.)
• Parental Leave - - FACULTY / STAFF POLICIES
  (Paid, 8 weeks of lost work for primary caregiver
  and 2 weeks for other parent. Faculty policy
  provides for reassignment of teaching duties and
  extension of tenure review.)

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APPLICABLE WL POLICIES (contd)

• Workers Compensation (meds/wages for on the job
  injuries)
• Accommodating Employee Disabilities
• Long-Term Disability (Insurance benefit providing
  percentage of wages, after six mos. continuous
  disability with no return. Requires written
  application - - employee should see D. Stoner in
  HR.)

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YOUR ROLE AS A SUPERVISOR / MANAGER

• Make your department employees aware of relevant
  University leave and/or accommodation policies
  and their responsibilities (documentation,
  advance notice, etc.)
• Report on the job injuries to Paul Burns,
  Director of Environmental Health/Safety.

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YOUR ROLE AS A SUPERVISOR/MANAGER (contd)

• Keep Human Resources (D. Stoner) informed of
  employee health/family related absences to
  facilitate proper documentation and recording of
  leaves.
• Advise Human Resources of employee requests /
  apparent need for disability accommodations.

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ON THE JOB INJURIES

• IMPORTANCE OF REPORTING WITHIN 24 HOURS TO PAUL
  BURNS, DIRECTOR OF ENVIRONMENTAL HEALTH AND
  SAFETY, EVEN IF MINOR! (STATE LAW REQUIRES PROMPT
  REPORTING)
• BENEFITS EMPLOYEE IF COMPENSABLE (NO COPAYS, NO
  DEDUCTIBLES)

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ON THE JOB INJURIES (contd)

• STATUTORY WAGE BENEFIT ( OF SALARY) - - WL PAYS
  100 AND EMPLOYEE SIGNS OVER WC CHECK DURING
  AVAILABLE SICK LEAVE
• WL WILL BRING EMPLOYEE BACK ON TEMPORARY LIGHT
  DUTY WHEN POSSIBLE GIVEN MEDICAL RESTRICTIONS - -
  BUT CANNOT RETURN BEFORE DOCTOR PERMITS.

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ON THE JOB INJURIES (contd)

• Important to document absences and coordinate
  with Paul Burns/HR for FMLA leave designation if
  over three days absent.
• On the job injuries may or may not constitute a
  disability that requires workplace accommodation.

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FAMILY AND MEDICAL LEAVE (FMLA)

• Federal law (FMLA) requires up to 12 weeks unpaid
  leave for specified events for employees who have
  worked at least one year and who have 1250 hours
  in previous 12 months.
• Birth / placement of child care of family member
  (child, parent, spouse) with serious health
  condition employees own serious health
  condition that incapacitates from work.

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FMLA (contd)

• Includes intermittent absences or reduced leave
  schedule for serious health conditions (including
  treatment), care of family member, and (if
  agreed) birth / placement of child.
• Guarantees continued health insurance and
  reinstatement to same or equivalent job by law if
  employee can return at end of leave.

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FMLA (contd)

• University designates FMLA leave and substitutes
  applicable paid leave for qualifying parental
  leave for all employees, short-term disability
  for non-faculty, and workers comp absences for
  all employee serious health conditions. INFORM
  D. STONER IN HR.
• If other paid leave is not available, employee
  may substitute vacation for FMLA unpaid leave
  circumstance.

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FMLA (contd)

• University requires medical certification for
  serious health conditions. HR (D. Stoner) has the
  required forms and will handle.
• Serious health conditions include pregnancy,
  chronic/permanent conditions and courses of
  treatment, situations with inpatient treatment,
  and conditions resulting in three day or more
  absence with health care provider treatment.

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Americans with Disabilities Act (ADA)

• Prohibits discrimination against qualified
  persons with disabilities
• Requires employers to provide reasonable
  accommodations to such persons in hiring and
  employment

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ADA (contd)

• BE CAREFUL NOT TO PRE-JUDGE OR STEREOTYPE
  INDIVIDUALS.
• DONT CREATE A DISABILITY ADA can be triggered
  by an employer assuming or perceiving that an
  employee has a disability, even if thats not the
  case. Dont inquire into health issues - -
  address job performance.

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Accommodating Employees with Disabilities (Duty)

• When does the duty arise and what are the
  boundaries of WLs legal obligation under ADA?
• Duty to request accommodation rests with employee
  UNLESS
• Employer knows of disability or it is obvious,
  AND knows that employee is having difficulty in
  the workplace

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Duty to Accommodate (contd)

• If there is a performance issue, address
  performance - - dont assume there is a
  disability involved.
• Once employee requests accommodation or need
  becomes obvious, WL (through Director of HR)
  must engage in an interactive process with
  employee to understand functional limitations and
  propose reasonable accommodation if needed.
  Refer employee to Director of HR and
  accommodation policy.

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Understanding What Constitutes a Covered
Disability (2 part test)

• Part I - - Mental or physical impairment
  (impairment alone does not equal a disability)
• E.g., diabetes, asthma, cancer, broken leg, back
  injury, depression
• NOT pregnancy, personality traits, physical
  characteristics, etc.

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Covered Disabilities (2 part test) (contd)

• Part II - - Impairment must substantially limit a
  major life activity
• Compared to whom - - average person
• Duration - - not short-term
• Mitigating measures - - may remove limitation
  (e.g., medication, hearing aid)
• Scope of major life activities - -not just
  focused on ability to work the particular job at
  issue

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Qualified Individuals with Disabilities

• Able to perform essential job functions,
  including attendance, with or without reasonable
  accommodations
• Not a direct threat to self or others
  (objective medical evidence of substantial risk
  of significant harm)

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Boundaries of Duty to Accommodate

• Accommodation must be necessary due to FUNCTIONAL
  LIMITATION caused by disability
• Accommodation must be reasonable, not an undue
  burden on overall resources and operations

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Medical Documentation

• Employee will need to provide medical
  documentation to verify non-obvious disability
  and assess functional limitations compared with
  essential job functions.
• Director of HR will obtain health provider
  information as needed, based on job description
  and focused questions on job-related
  functionality limitations.

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Medical Documentation (contd)

• Nature/extent of impairment (recent dx)
• Effectiveness of treatment/meds in mitigating
  functional limitations
• Detailed current functional limitations and
  impact on ability to perform job
• Need for specific accommodation requested in
  light of functionality
• Prognosis and time frame

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Medical Documentation (contd)

• As with ALL matters related to employee health
  and medical information, such should be
  maintained confidentially.
• Without consent, HR can discuss functional
  limitations and leave periods with supervisors,
  but not detailed medical information.
• Medical documents should be retained in HR
  separate from the rest of employees personnel
  file and accessed only by need to know personnel.
  

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Types of Reasonable Accommodations

• Modifying work equipment/furniture
• Reassigning non-essential functions to other
  employees
• Providing additional leave
• Modifying work schedule
• Modifying work means/methods/training
• CASE BY CASE DETERMINATION depending on job
  duties, workplace operations, costs, etc.- - not
  a cookie cutter approach.

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Accommodations NOT Required by ADA

• Need not provide personal devices, such as
  eyeglasses, hearing aids
• Need not provide employees specific
  accommodation of choice
• Need not hire additional personnel to perform
  essential functions

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BUT . . .

• If no other accommodation is reasonable, may need
  to consider reassignment to vacant or soon to be
  open position.
• ADA does not require bumping or displacing
  another employee to provide a position for a
  disabled employee.

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ADA / FMLA / WORKERS COMPENSATION

• Designate all workers comp. absences as FMLA if
  they qualify - - notify HR
• Designate and explain all light duty work as
  temporary
• Periodically reassess and document
• Light duty jobs will not necessarily constitute
  long-term accommodations
• ADA may require more leave than FMLA or other
  policies provide

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Discipline of Employees with Disabilities

• KEEP THE FOCUS ON PERFORMANCE
• Discipline conduct, but may need to address
  whether reasonable accommodations are necessary
  prospectively
• Document performance and conduct issues for ALL
  employees

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Coordinate and Inform Relevant Administrators

• Work with HR, Deans, and Office of General
  Counsel (as needed), to identify and
  appropriately handle employee leaves, on the job
  injuries, and disability accommodation issues

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RESOURCES

• Employee Handbook
• http//humanresources.wlu.edu/handbook/Employee20
  Handbook2012-5-06.pdf
• Faculty Handbook
• http//provost.wlu.edu/handbook/benefits.htmabsen
  ces

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RESOURCES (contd)

• HR Website (leave policies)
• http//humanresources.wlu.edu/Disability/
• HR Website (accommodations policy and request
  form)
• http//humanresources.wlu.edu/other/ADA/
• Office of General Counsel site
• http//counsel.wlu.edu

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QUESTIONS?