Staff Attendance andProtected AbsencesIntegrated Disability Management (IDM) Programs

ObjectivesAt the end of this session, you will know: LAUSD Board Attendance Policy Staff Attendance Goal for 2016/2017 How Attendance Rates are Calculated What are Protected Absences FMLA/CFRA Basics Kin-Care Personal Necessity

LAUSD Employee Attendance PolicyThe LAUSD Board of Education expects employees to: Maintain regular attendance and avoid absenteeism;

Work every hour that they are assigned;

Be at their work stations on time every working day;

Comply with legal restrictions, LAUSD policy and procedures, and the respective collective bargaining rules regarding reporting of absence and providing appropriate documentation

The LAUSD Board of Education expects supervisors to: Explain and insist upon regular attendance, maintain accurate employee attendance records,

monitor employee attendance, provide performance feedback to employees and enforce all employee attendance policies and standards through employee performance evaluations and discipline processes.

* Reference Bd of Ed Report No. 393-0304 Adopted 7/13/04;

* For full text go to http://achieve.lausd.net/idm

The District’s Staff Attendance Goal has two factors: an individual and a collective measure.

The District-wide Staff Attendance Goal is for every employee to achieve at least 96% attendance, meaning the employee is at work at least 96% of their scheduled time. (Individual goal)

The FY 2016-17 District-wide Staff Attendance Goal for every work location is to ensure that at least 76% of employees at each location meet the 96% attendance goal. (Collective goal)

* 76% (2017-2018); 78 (2018-2019) (Per LCAP Scorecard)

District Staff Attendance Goal

What is 96% Attendance?

96% attendance is equivalent to about:

10 unprotected absences for A Basis

9 unprotected absences for E Basis

8 unprotected absences for B Basis

7 unprotected absences for C Basis

Attendance Formulas

Individual Employees

Worked Hours

(Workable Hours – Protected Hours)

To calculate the Division/Unit’s percentage at 96% or higher:

Sum of employees who met the goal

Total number of employees

Absences that are protected by state and federal regulations and do not count against an employee

Family and Medical Leave Act (FMLA); California Family Rights Act(CFRA); California Pregnancy Disability Act (PDL)

Jury Duty

Kin-Care

Protected Absences

Employee must be eligible Employed by LAUSD for at least one year Worked 130 days in the 365 days prior to first absence (1,250 hours for School Police, Craft

Workers, Playground Aides, and Classified Subs)

Employee can take up to 12 weeks of job protected leave in an FMLA Year due to serious health condition of employee or family member as stated in the FMLA Health Care Provider Certification

Family Member: Spouse, domestic partner, parent, child under 18 or child 18 and over incapable of self-care

FMLA/CFRA

No employment eligibility requirement

Employee can take up to 18 weeks of job protected leave

If eligible, also entitled to additional 12 weeks of CFRA protected absence time

* Protected under federal and state regulations (California more generous)

Pregnancy Disability*

Employee is entitled to take up to 12 weeks of protected absences during an FMLA Year.

FMLA/CFRA protection runs for one (1) year (365 days); starting the first day the employee is eligible and takes an FMLA absence or leave (full or partial day)

Defining the FMLA Year

Los Angeles Unified School District

FMLA CERTIFICATION/DESIGNATION FLOWCHART

for Administrators/Designees

Step 1: Has the need for FMLA been identified?

Yes

No STOP

Step 2: Provide employee with FMLA-1and FMLA-2 forms within 5 business

days

Did employee return documents? No

After 15 calendar days, issue theDesignation Not Approved form(due to no documents)

Step 3: Determine FMLA eligibility

Eligible

Not Eligible

Issue the Designation NotApproved form within 5business days

Are all sections of FMLA-1 complete?

Yes

Issue the Designation NotApproved form within 5 business days (further information needed)No

Yes

Was an updated FMLA-1 provided within 7 calendar

days?

No

Issue Designation Not Approvedform within 5 business days

Step 4: Issue Designation Approvedform within 5 business days Yes

Risk Management and Insurance Services

Integrated Disability Management (IDM) 8/29/2016

Who is a Family Member?Family Member FMLA/CFRA Kin-Care Personal Necessity

Spouse/Domestic Partner Yes Yes Yes

Parent Yes Yes Yes

Child Yes – Under 18 Yes – Any Age Yes – Any Age

Grandparent No Yes Yes

Grandchild No – Unless Yes Yes

Sibling No Yes Yes

In-Laws & Immediate Family Members

No No Yes

Kin-Care is a paid, protected leave under the California Labor Code (Labor Code 233).

Expanded January 2016:

Definition of Family Member

Reasons for absences

Kin-Care

Illness of a family member

Victim of domestic violence, sexual assault, or stalking* Obtain Relief : Restraining Order

Injunction relief

Ensure health, safety or welfare of victim or his/her child

*Effective 1/1/16

Reasons for Use of Kin-Care

LAUSD employees can use up to six (6) days of their

full-pay illness time per calendar year (from January 1 to December 31)

How Much Kin-Care Can You Take?

Both are charged to employee’s full-pay illness balance and can be taken to care for others

Kin-Care is protected

Personal Necessity is only protected when linked to FMLA/CFRA

Each have different reasons for absences

Difference Between Kin-Care and Personal Necessity

Death or serious illness of immediate family member Death only close friend or relative Accident to person or property Birth/adoption of child (Protected with FMLA/CFRA) Religious Holiday (Protected) Imminent danger to home (flood, fire, earthquake) Conference or convention attendance Court appearances as witness or litigant School activities (4 hours per school year) Protected Child suspension Other significant event of a compelling nature

Refer to Bargaining Agreement for full details

Personal Necessity (Unit UTLA)

UTLA represented employees can use up to six (6) days of their full-pay illness time per fiscal year (from July 1 to June 31)

How Much Personal Necessity Can You Take?

QUESTIONS?

Thank You!