Supervisors’ Series

Leaves

July 26, 2007

Agenda

HIPAA General leave information FMLA Vacation Sick Personal Disability Child Care Leave Workers’ Compensation Other Leaves

HIPAA and Workplace Privacy Issues

What is HIPAA Your health information cannot be used or disclosed without

your permission unless it is specifically permitted by HIPAA Protected Health Information (PHI)

Relates to the individual's physical or mental health or the provision of or payment for health care

What Health Information is not Covered by HIPAA Medical information obtained by HR relating to disability

applications, workers compensation, FMLA, ADA Managers/ supervisors should not request any medical

information (including doctor’s notes) revealing diagnosis. This type of information should be directed to Human Resources.

Managers may request doctor's notes (without diagnosis) only to substantiate the illness after 3 or more days of absence

General Leave Information

Vacation and sick time may not be used until the probationary period has been completed (90 days from the date of appointment)

Vacation and sick time accrues during the probationary period

Vacations are scheduled in consultation with and after approval from the supervisor. At least one day notice must be given.

Supervisor needs to contact HR if an employee is out for illness or injury for more than 5 consecutive days for required short term disability and FMLA documents.

Personal days expire on June 30th of each year for professional staff. They do not carry over to the following year.

Family & Medical Leave Act

The Family and Medical Leave Act of 1993 (FMLA) allows employees who have met the eligibility requirements twelve (12) weeks of unpaid leave for one of the following: Care of employee's child (birth or placement for adoption or foster care); care of employee's spouse, same-sex domestic partner, son, daughter or parent who has a serious health condition; or for a serious health condition that prevents the employee from performing their job. Employees must provide thirty (30) days advanced notice and the College will require the employee to substitute unpaid leave time with any remaining leave time accrued.

Family & Medical Leave Act

In order to qualify to take family and medical leave under this Act, the employee must have worked for the College at least twelve (12) months, or fifty-two (52) weeks. The 12 months, or 52 weeks, need not have been consecutive. The employee must have worked at least 1,250 hours during the 12-month period immediately preceding the date when the leave would begin

Employees in positions covered by 2110 CBA: Vacation

Full Time (35 hours/week) Accrual (hours per pay period)

Part Time (20 hours/week) Accrual (hours per pay period)

1st year: 4.04 1st year: 2.31

2nd-4th years: 5.38 2nd-4th years: 3.08

5th-10th years: 6.19 5th-10th years: 3.54

11+ years: 7.54 11+ years: 4.31

Employees in positions covered by 2110 CBA: Sick

Full Time (35 hours/week) Accrual (hours per pay period)

Part Time (20 hours/week) Accrual (hours per pay period)

1st-2nd years: 2.69 1st-2nd years: 1.54

3rd year: 3.23 3rd year: 1.85

4th-5th years: 3.5 4th-5th years: 2

6th-7th years: 3.77 6th-7th years: 2.15

8+ years: 4.04 8+ years: 2.31

Employees in positions covered by 2110 CBA: Sick

Sick leave may be used for absence due to actual illness of the employee and scheduled doctor’s appointments with prior (at least 24 hour) notice. A reasonable amount of sick leave may be used when the employee’s presence is required at home because of the serious illness of a family member requiring his or her care.

Employees in positions covered by 2110 CBA: Personal

2 personal days per year, the first of which may be used three months after the date of appointment, the second after six months.

Employees in positions covered by 2110 CBA: Disability

After 7 consecutive days of absence (including weekends): First five days of absence: sick time charged for full pay (if

employee does not have any sick time accrued, paid 2/3 of pay)

Employees receive two-third of their pay during the approved disability leave as certified by the doctor, for up to a total of 26 weeks.

Employees can choose to use their unused sick time to make up for the other one-third of pay.

Benefits continued Vacation/Sick/Personal time accrual does not continue during

any leave

Employees in positions covered by 2110 CBA: Child Care Leave

If the doctor certifies an employee to be out on disability related to child birth, she will receive two-thirds of regular pay for up to a total of 26 weeks. This can be supplemented with her sick/vacation/personal days to receive full pay.

After the doctor certified maternity leave period, employee can use accrued vacation/personal days to receive full pay to be out on Child Care Leave for up to a total of 4 months. This maximum of 4 months includes the doctor certified maternity period.

Employee can choose to take an unpaid leave not certified by the doctor for a maximum of 4 months.

All leaves related to maternity or child care is included in the 12 weeks of FMLA

HR & supervisor must be notified of all extended Child Care Leaves

Employees in positions covered by 2110 CBA: Workers’ Compensation

Full pay for the day of injury First five workdays of absence: paid in full if s/he has sick days

left Worker’s Compensation benefit = 2/3 of regular pay (to a

maximum of $400 per week) from PMA Any remaining accrued sick leave will be used to supplement the

benefit from PMA to full pay. If an employee does not have any sick time, s/he will only receive

the 2/3 of regular pay (to a maximum of $400 per week) from PMA.

Any leave for work-related injury is included in the 12 weeks of FMLA* Please contact HR as soon as possible if your employee is injured on the job!

Employees in positions covered by 2110 CBA: Other Leaves

- Bereavement Leave- Bonus Leave- Child Care Leave- Military Leave- Jury Duty

If you have any questions about the above mentioned leaves, please contact your HR Associate

Professional Staff: Vacation

Hired before 1/1/06, with no break in service:- Accrue 12.25 hours per month up to a maximum of 21 days paid

vacation per year- After ten years of continuous service the accrual rate increases to

15.17 hours per month (up to a maximum of 26 days paid vacation per year).

Hired on or after 1/1/06:- Accrue 8.75 vacation hours per month 15 vacation days per

year- After 5 continuous years of service the accrual rate increases to

11.67 hours/month or 20 vacation days per year

Professional Staff: Sick

Hired before 1/1/06:- May take sick leave on an honor basis for up to 26 weeks.

Hired on or after 1/1/06: - 12 sick days per year, and can accrue up to 110 days (six

months)

Sick days are to be used when employees are sick. They should not be used for appointments or other occasions when employees are physically able to come to work.

Professional Staff: Personal

1 personal day per year, 2 personal days after 10 continuous years of service.

Personal days expire yearly by June 30th.

Professional Staff: Leave Reporting

Online leave reports must be done before the 20th of each month for any leave taken during the previous month.

Even if an employee did not take any days off, s/he must submit his/her report every month.

Professional Staff: Disability

Hired before 1/1/06: 3 months of paid leave, with doctor certification Supplemented with ½ of vacation & personal days after 3 months Once employee uses ½ of his/her vacation & personal days, back

on full pay Maximum short term disability period is 26 weeks. After this point,

employee will be out on long term disability and not remain on TC payroll.

Vacation accrual stops as of start of disability

Professional Staff: Disability

Hired on or after 1/1/06: 3 months of paid leave, with doctor certification Supplemented with ½ of vacation & personal days and all sick

days after 3 months Once employee uses ½ of his/her vacation & personal days plus

all sick days, back on full pay Maximum short term disability period is 26 weeks. After this point,

employee will be out on long term disability and not remain on TC payroll.

Vacation accrual stops as of start of disability

Professional Staff: Child Care Leave

After a doctor certified maternity period, employee must use vacation/personal days or be on unpaid leave if s/he wishes to continue his/her leave for a maximum of 20 weeks after birth.

Please contact HR as soon as an employee notifies you of taking a Child Care Leave, or if there are any changes in employment status (FT PT)

Professional Staff: Workers’ Compensation

In the case of a work-related illness or injury, employees are

protected against of loss of income and medical expenses.

Employees are required to notify Human Resources in the event of a work-related accident or illness.

Please contact HR as soon as you find out about your employees’ work-related injuries!

Other Leaves

Bonus Leave Jury Duty Bereavement Leave Military Leave

If you have any questions about these leaves, please contact your HR Associate.

707 Union Staff: Disability

Less than six years of continuous service: receive $300/week for first 13 weeks of disability; $170/week for 14+ weeks of disability from the Union.

More than six years of continuous service:receive 75% of gross salary less $300/week (for first 13 weeks) or $170/week (for 14+ weeks). Employees can use their accrued sick days to cover the remaining 25% of gross pay. When they run out of sick days, TC pays the supplemental 25% of their gross pay up to twenty-five weeks for any extended illness.

707 Union Staff: Workers’ Compensation

Receive full pay for the day of injury 2 years or less – 1 week at full pay Over 2 years to 10 years – 2 weeks Over 10 years to 20 years – 3 weeks Over 20 years – 4 weeks

Following this period of full pay, employees receive benefit checks at 2/3 pay from PMA to a maximum of $400/week. Accrued sick time will be used to supplement the benefit from PMA.

All bills should be sent to PMA (address provided to injured employee)

Questions?