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HR Ambassadors

HR Ambassadors. How to manage leave in a growing District. Types of leave. Sick leave Personal leave Bereavement leave FMLA leave Vacation (12 month employees) Assault leave Temporary disability leave Workers’ compensation leave Extended leave Pregnancy leave Military leave.

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HR Ambassadors

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  1. HR Ambassadors How to manage leave in a growing District

  2. Types of leave • Sick leave • Personal leave • Bereavement leave • FMLA leave • Vacation (12 month employees) • Assault leave • Temporary disability leave • Workers’ compensation leave • Extended leave • Pregnancy leave • Military leave

  3. Sick leave • Requires medical certification after 5 days • Illness of employee • Illness of immediate family • Family emergency • Death of employee’s immediate family • Birth or adoption • Extended leave for 20 days after paid leave exhausted • Requires release to return to work

  4. Leave Definitions • Immediate family • Spouse • Son or daughter, including biological, adopted or foster child, a son or daughter-in-law, a stepchild, a legal ward, or a child for whom the employee stands in loco parentis. • Parent, stepparent, parent-in-law, or other individual who stands in loco parentis to the employee • Sibling, stepsibling, and sibling-in-law • Grandparent and grandchild • Any person residing in the employee’s household at the time of illness or death

  5. Leave Definitions • Family Emergency • Disasters • Life threatening situations involving the employee or a member of the employee’s immediate family

  6. Personal leave • Requires 5 days advance notice • Requires campus approval • Limited to 5 days per calendar school year

  7. Bereavement leave • No additional leave for bereavement • Employees may use sick leave for death in the employee’s immediate family • Employees may not use over 5 days without medical certification

  8. Family Medical Leave Act • Covered Employees • Employed by District for at least 12 months and worked 1,250 hours • Serious medical condition of employee • Serious medical condition of spouse • Serious medical condition of children • Serious medical condition of employee’s parent • Requires 30-day notice if possible • Notify Cheryl Kacvinsky immediately

  9. Who is a child, parent or spouse? Child: a biological, adopted or foster child, stepchild, legal ward or a child of a person who is standing in for a parent, who is either under age 18, or age 18 or older and unable to provide self-care because of a mental or physical disability. Parent: either a biological parent or an individual who stood in the place of a biological parent during an employee’s childhood. Spouse: a husband or wife who are recognized under state law Note: FMLA does not provide protected leave to care for grandparents, brothers, sisters, in-laws, cousins

  10. What is a Serious Health Condition? • Inpatient care (i.e. overnight stay) in a hospital • A condition requiring absence of more than three consecutive calendar days from work that involves treatment by a health care provider • Pregnancy or prenatal care • A chronic condition (asthma, diabetes, epilepsy, etc) • A permanent or long term condition requiring medical supervision • Absences to receive and recover from multiple treatments by a health care provider that would most likely result in incapacity of three consecutive days (i.e. chemotherapy)

  11. What is generally NOT A Serious Health Condition? • Treatment that includes taking over the counter medication • Routine physical examinations, including eye and dental examinations • Cosmetic Treatments • The common cold, flu, earaches, upset stomach, headaches other than migraines, routine, dental or orthodontia problems • Absence because of the employee’s substance abuse, rather than treatment.

  12. When does the FMLA Clock Start? • The minute you have been notified of a serious health condition. That includes pregnancy. • Intermittent leave can be taken • Notify Cheryl Kacvinsky immediately • FMLA Paperwork will be sent to the employee • Paperwork must be returned within 15 working days of receipt or they are not protected under the leave act • There is a 12 month rolling look back period for determining eligibility

  13. What are the advantages? • Protects the employee’s job • Protects their benefits • Certified absences do not count against employees during their performance review • Extremely important when dealing with employees with performance opportunities

  14. Assault leave • Employee is physically assaulted during the performance of regular duties • At the request of the employee the district must assign the employee to assault leave • Campus and/or district will conduct an investigation • Contact Kitty Poehler immediately to report the incident

  15. Temporary Disability Leave • Condition that interferes with the employees ability to perform regular duties (i.e. pregnancy or other serious medical conditions) • Leave not to exceed 180 calendar days • Leave runs concurrent with all other leave except Assault Leave

  16. Workers’ Compensation Leave • Leave associated from a work related injury • 1st Seven days of leave goes towards employee leave bank • Employee receives 70% of employee’s wages • Please contact Kitty Poehler immediately to report the injury

  17. Pregnancy Leave • No formal leave policy exists for pregnancy • Treated just as any other condition • Notify Cheryl Kacvinsky as soon as you become aware of a staff member’s pregnancy or a staff member’s spouse’s pregnancy

  18. Military Leave • Voluntary or involuntary service in the uniformed services • Leave not to exceed 5 years

  19. Extended Leave • Used after all paid leave is exhausted for a serious and ongoing medical condition for the employee or the employee’s immediate family • Employee must be employed by the district for 90 days • Employees must apply for the leave and provide medical certification • Employee may receive up to 20 days at 50% of their daily rate

  20. What if??? • What if I am on leave during the fall break, do those days count against my leave for FMLA? • No, only work days that are listed on your calendar are counted • What if I am pregnant – how many days can I take off to be with my child? • If you have been employed with the District for at least 12 months and worked 1,250 hours you may qualify for Family Medical Leave that allows you to be off for 12 weeks. At the time you complete your required leave paperwork Cheryl Kacvinsky at 817-215-0096 or ckacvinsky@nisdtx.org will discuss your leave options with you.

  21. What if??? • I am pregnant; at the time of my delivery my leave bank contains 20 local sick days and 5 personal days (25 days). I had a normal delivery and want to take off 12 weeks. My doctor has released me to return to work after 6 weeks but I qualify for FMLA and want to take my 12 weeks of leave.How much extended leave will I be granted? You would receive 5 days of extended leave. According to Board Policy DEC(Local) for the purpose of maternity leave if an employee is released to return to work at 6 weeks extended leave will not be granted beyond the release date.

  22. What if??? • Would I be able to use the extended leave days once I return to work? You would not be able to use the remaining days unless you or a covered family member have a serious ongoing medical condition. Contact the Risk Management department for the forms needed to request extended leave

  23. Final remarks: • Notify Cheryl Kacvinsky immediately once you become aware of a FMLA situation • If an employee comes into work with crutches, any type of arm, neck or leg brace. Please contact Cheryl Kacvinsky

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