FMLA and Disability Management Overview
Exploring the complexities of FMLA leave and disability management, this webinar delves into rolling periods, employee entitlements, and examples to illustrate leave calculations. Additionally, the Position Management Program (PMP) eligibility criteria and agency/department obligations are highlighted for a comprehensive understanding.
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DISABILITY & ABSENCE MANAGEMENT WEBINAR January 26, 2022
12-month period measured backward from the date an employee uses any FMLA leave. Under the rolling 12- month period, each time an employee takes FMLA leave, the remaining leave entitlement would be the balance of the 12 weeks which has not been used during the immediately preceding 12 months. ROLLING PERIOD MEASURED BACKWARD 12-MONTH
EXAMPLE An employee requests two weeks of FMLA leave to begin on November 1st. We look back 12 months (from November 1st back to the previous November 2nd) We see that the employee had taken four weeks of FMLA leave beginning January 1st, four weeks beginning March 1st, and three weeks beginning June 1st. The employee has taken 11 weeks of FMLA leave in the 12-month period and only has one week of FMLA- protected leave available. After one week in November, the employee can next take FMLA leave beginning January 1st as the days of her previous January leave roll off the leave year.
POSITION MANAGEMENT PROGRAM (PMP)
QUALIFYING TERMS & CONDITIONS FOR PROGRAM PARTICIPATION To be eligible for the PMP, the employee must currently be on unpaid medical leave with no accrual of benefits and must meet most or all of the following criteria: On medical leave of absence for longer than one year; Exhausted all forms of leave banks; Exhausted all temporary disability/4850 benefits if there is a workers compensation claim; Medical certification for the continuing need for medical leave; Indeterminate projected date to return to employment; Met the eligibility requirements to be considered for disability retirement but has had an application for disability retirement denied or dismissed by VCERA s staff/Board of Retirement* *(note this provision is only for employees who have five (5) years or more of continuous service credit as defined by the Ventura County Employees Retirement Association or whose disability is industrial in nature).
TO BE ELIGIBLE FOR THIS PROGRAM, THE AGENCY/DEPARTMENT MUST: Consent that the employee will remain employed within the agency/department for the duration of the leave or until the employee elects to separate from County employment; Agree that if the employee s condition improves so that the employee can return to work, the employee would be entitled to return to a vacant position in the employee s classification, if any, or the next available position in the employee s job classification, or to a comparable position for which the employee meets the minimum qualifications; Obtain approval from their CEO Budget Analyst; Obtain approval from the County s Human Resources Director; Commit to working with the County s Disability Management Division to monitor the progress of the employee and engage the employee in interactive process meetings (at least annually) to explore if reasonable accommodation options become available, besides a leave of absence; Adhere to provisions of the County s Personnel Rules & Regulations and applicable Memorandums of Agreement; Comply with all state and federal laws.
COVID RELATED LEAVES As of 01/26/2022
The employee is required to leave the worksite for an exposure that the department believes is work related, as defined by Cal/OSHA. If the employee is required to leave the worksite for an exposure that the department believes is work related we must compensate the employee for their time away (assuming they can not telework). The method for compensation would be as follows: EMPLOYEE UNABLE TO WORK OR TELEWORK DUE TO AB-685 COVID-19 REQUIREMENTS: Telework if possible County Natural Disaster Attestation Pay, if eligible Sick Banks COVDH = Non-exempt (hourly) or COVDS Exempt (salary) for the VCHRP Time Reporting Code. If the employee tests positive during the quarantine period they must now isolate as they are COVID positive. Once an employee is in isolation the COVDH quarantine pay no longer applies. Once COVID positive and in isolation the employee can: 1. Telework 2. NDA 3. Sick Pay 4. PTO 5. 5. Advanced Sick Pay
If the employee tests positive during the quarantine period they must now isolate as they are COVID positive. Once an employee is in isolation the COVDH quarantine pay no longer applies. Once COVID positive and in isolation the employee can: EMPLOYEE UNABLE TO WORK OR TELEWORK DUE TO COVID-19 POSITIVE: 1. Telework if possible 2. County Natural Disaster Attestation Pay, if eligible 3. Sick Banks 4. Paid Time Off 5. Advanced Sick Pay
The method for compensation would be as follows: EMPLOYEE UNABLE TO WORK OR TELEWORK DUE TO COVID-19 REQUIREMENTS: Telework if possible County Natural Disaster Attestation Pay, if eligible Sick Banks Paid Time Off Advanced Sick Pay
RETURN TO WORK Cal/OSHA's Emergency Temporary Standard with Adopted CDPH Recommendations (Effective 1/14/2022)
TABLE 1: EXCLUSION REQUIREMENTS FOR EMPLOYEES WHO TEST POSITIVE FOR COVID-19 (ISOLATION)
TABLE 2: EMPLOYEES WHO ARE EXPOSED TO SOMEONE WITH COVID-19 (QUARANTINE) +++Employers are not required to exclude asymptomatic employees in this category if: A negative diagnostic test* is obtained within 3-5 days after last exposure to a case; Employee wears a face covering around others for a total of 10 days (please refer to the section in this FAQ on face coverings for additional face covering requirements); and Employee continues to have no symptoms.
TABLE 3 AND 4 GUIDANCE Table 3: Employees Who Are Exposed to Someone with COVID-19 (No Quarantine Required) Table 4: California COVID-19 Vaccines Booster Recommendations
ADDITIONAL INFORMATION AND RESOURCES The above exclusion return-to-work criteria may not apply to those situations when there is a different return to work criteria that applies for a specific type of work or industry (i.e., acute health care, long-term care, high-risk congregate, and other health care settings) pursuant to CDPH Guidelines, State Public Health Order, or Governor s Executive Order. Familiarize yourself with your COVID Prevention Plan https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/EmployeesAndWorkplaces.aspx Revisions to the COVID-19 Prevention Emergency Temporary Standards (effective January 14, 2022) CalOSHA FAQ COVID-19 Emergency Temporary Standards - FAQ If you need assistance with leave of absence issues associated with the new criteria, please contact the County s Disability Management Division @ DMD@ventura.org
