325 McElhinney Hall Houston, TX 77204-5009 713-743-3988 FAMILY MEDICAL LEAVE FREQUENTLY ASKED QUESTIONSWhat is the Family and Medical Leave Act?The Family and Medical Leave Act (FML) is federal legislation designed to provide eligible workers withunpaid job protected leave for their own illness or injury, or that of a spouse, child or parent.Who is eligible?Employees are eligible if they have worked a period of 12 months and 1250 hours with their employerduring the year preceding the start of the leave. Employees are entitled up to twelve (12) weeks ofunpaid job protected leave.What can I use the FML for?Your absence will be designated as FML for the following: • Birth of a child and care or bonding after such birth; placement in your home of a child for adoption or foster care • serious health condition of employee or • serious health condition of spouse, child or parent of employee.How does the FML benefit an employee?The FML not only provides for job protection, but also provides that an employee's premium sharingbenefits will continue while the employee is on FML.Do I have to use available leave time, such as vacation and sick leave, while on FML?Yes. The State of Texas Government code 661.912, Family and Medical Leave Act, \"theemployee must first use all available and applicable paid vacation and sick leave while taking leaveunder this section, except that an employee who is receiving temporary disability benefits or workers'compensation benefits is not required to first use applicable paid vacation or sick leave while receivingthose benefits.\"
325 McElhinney Hall Houston, TX 77204-5009 713-743-3988What notification is the employee required to give?Generally, an employee must provide 30 days advance notice when possible to the department of theneed to take leave, or as soon as possible.How do I begin the process to apply for FML?Employees must complete the following FML forms: 1. All requests for family and medical leave must be submitted to Human Resources via the Application for Family and Medical Leave provided by the Human Resources Department. 2. The following forms are needed to file for FML: a. Employee FML Request: i. FML/Parental Leave Application ii. Physician’s Information Release iii. FML Certification of Health Care Provider (for Self/Employee) b. FML for Family Member: i. FML/Parental Leave Application ii. Physician’s Information Release iii. FML Certification of HealthCare Provider (for Family Member) 3. To request leave based on a serious health condition, the employee or family member must be under continuing supervision of, but not necessarily receiving active treatment by, a health care provider. 4. HR will not process FML request until both documents are received.How soon will I get a decision on my request from Human Resources?While it is our goal to process FML requests as soon as possible, responses will be processed in the orderreceived. Following the receipt of all required documents review and notification to employee generallywill take up to one week. Note physician certification can also determine length of this timeline.
325 McElhinney Hall Houston, TX 77204-5009 713-743-3988How often can I take leave under the FML?You can take up to twelve (12) weeks in a twelve-month period. The twelve-month period begins thefirst time you take FML leave. For purposes of parental bonding, the leave must be completed within 12months of the birth of a newborn, adoption or placement of a foster child.What if my spouse also works for the UH System?For purposes of an injury or illness you and your spouse are entitled up to twelve (12) weeks each ofunpaid job protected leave.For purposes of parental bonding with a newborn, adopted or foster child, you and your spouse areentitled to a combined twelve (12) weeks of unpaid job protected leave.What if I am not eligible for leave under the FML?If you do not meet the eligibility requirements for FML, you may be able to be eligible for other leaveoptions (see Leaves of Absence Policy MAPP 02.02.03). Review the Family Medical Leave Policy formore details. You may also be eligible for leave under the State of Texas Parental Leave Act.What is the Parental Leave Act?The Parental Leave Act is state legislation, which provides employees with up to twelve (12) weeks ofunpaid job protected leave only for the following: bonding with a newborn, adopted or foster childunder the age of three. There is no service requirement for taking leave under this act. The notificationand certification requirements are the same as those for the FML.What happens to my job?Your job will be protected for up to twelve (12) weeks during a twelve-month period. When anemployee is ready to return to work after taking FML or Parental Leave (under the Parental Leave Act),the employee is entitled restoration to the same position held when the leave started, or to anequivalent position with equivalent pay.What if I am out longer than twelve weeks?
325 McElhinney Hall Houston, TX 77204-5009 713-743-3988If you are out longer than twelve weeks, and the department determines that due to the business needsof the department they can no longer hold your position open, they may fill the position.Are there other circumstances in which my employer can deny me FML leave or reinstatement to myjob?In addition to denying reinstatement in certain circumstances to \"key\" employees, employers are notrequired to continue FML benefits or reinstate employees who would have been laid off or otherwisehad their employment terminated had they continued to work during the FML leave period as, forexample, due to a general layoff.Employees who give unequivocal notice that they do not intend to return to work lose their entitlementto FML leave.Employees who are unable to return to work and have exhausted their 12 weeks of FML leave in thedesignated “12-month period\" no longer have FML protections of leave or job restorationUnder certain circumstances, employers who advise employees experiencing a serious health conditionthat they will require a medical certificate of fitness for duty to return to work may deny reinstatementto an employee who fails to provide the certification, or may delay reinstatement until the certificationis submitted.Do I have to take the full twelve weeks all at once?The FML provides an employee the ability to take leave in increments of days / weeks / months. You willbe required to furnish a statement from your physician or that of your relative for any intermittent leaverequirements.What happens to my benefits while I am on FML? 1. The State or University will continue to contribute its monthly portion of insurance premiums to the Employees Retirement System of Texas (ERS), during the period of family and medical leave. The Employees Retirement System of Texas (ERS) will bill the employee for any premium due after application of the state premium sharing toward the cost of the employee’s health insurance. The employee is responsible for self-paying by personal check or money order to ERS that part of his/her insurance cost that would otherwise be deducted from the employee’s paycheck.
325 McElhinney Hall Houston, TX 77204-5009 713-743-3988 2. If an employee’s premium payment is more than 30 days late, insurance coverage will be reduced to employee-only coverage. 3. The Employees Retirement System of Texas (ERS) must be contacted within 30 days of the birth/adoption/placement to include the new baby/child in the employee’s insurance coverage either by telephone or online at http://www.ERS.state.tx.usWhat if I have other questions?Please contact the FML Team or HR Service Center at 713.743.3988 or [email protected].
UH FML LEAVE WORKFLOW FML Application, Dr. Release & Dr.Certification Filed with HRDocument packet Employee receives completed? No deficiency notice Yes Documents are reviewed and employee sick/ vac time analyzedEmployee, manager andDBA receives approval or denial letter ePAR initiated & approved; time entered in PeopleSoftFML action entered in Access Enter employee time data monthly and bi-weekly employees on FML
Page # PROCESS CONTINOUS SOP #SOP Owner FAMILY MEDICAL LEAVE Revision # 1 of 3 Implementation Date Last Reviewed/Update Date ApprovalStandard Operating ProcedureOBJECTIVE: Review and process Family Medical Leave RequestDocuments: 1. Completed FML/Parental Leave Application 2. Signed Physician's Information Release Form 3. Certification of HealthCare Provider Form (completed by treating physician)FAMILY MEDICAL LEAVE OVERVIEW 1. Employee files FML Application, Physician's Release and Certification of Healthcare Provider forms to HR for Processing 2. FML Reviewer completes FML Checklist form 3. Print PeopleSoft leave accruals which provides sick and vacation leave totals for the month 4. Review Physician's certification; does the information qualify as serious illness? Time needed for FML? Estimated time to return to work? 5. Review leave totals and allocate employee sick and vacation leave to FML period; if leave period extends accrued leave, allocate remaining time as unpaid leave. Add calculation procedures to process. 6. Generate FML approval and analysis letter according to the type of request. Letters are found on L/Benefits/FMLA/Letter Templates 7. Review letters for accuracy and save each as a pdf in the L drive. Print a copy of each for the FML file. 8. Create FML ePAR that will place the employee on FML 9. Enter FML time on timesheet; enter time each month or bi-weekly pay period (depending on employee's pay status). 10. File in active monthly or Bi-weekly FML file for future entries.DETAILED FML REVIEW 1. HR REVIEW AND DETERMINATION a. Once all forms are received, review request: i. Approval: Condition qualifies for FMLA (Located in the L drive. L:Benefits_FML_FMLTemplates 1. Generate approval letter for employee a. Dates of approval will be provided on the approval E-mail notification sent to the employee, department and CBA. b. Letter will include Return to Work date. 2. Create an electronic copy for FMLA file 3. Review all available paid leave and generate analysis letter for department
Page # PROCESS CONTINOUS SOP #SOP Owner FAMILY MEDICAL LEAVE Revision # 2 of 3 Implementation Date Last Reviewed/Update Date Approval a. Dates of approval (with/without pay) will be provided on the approval E-mail notification sent to the employee, department and CBA. 4. Create an electronic copy for FMLA file 5. Send original approval letter and analysis to employee’s Email address listed on the FML Application with a copy to manager and CBA/DBA 6. FML leave is recorded by Analyst in TRAM for both monthly and biweekly employees according to FML Calendar cycleii. Denial: request not approved for FMLA 1. Generate denial letter with appropriate reason indicated 2. Create an electronic copy to place in FMLA file 3. Send original to employee’s Email address 4. Notify supervisor, department and CBA of FML denial. 2. HR COMPLETES FMLA ePARs a. ePAR required for each type of leave (with and without pay). i. FMLA with pay: 1. HR will generate PLOA ePAR 2. Benefits will update timesheet and submit hours for department approval monthly or bi-weekly (according to employee pay classification) ii. FMLA without pay: 1. HR will generate LOA ePAR 2. ePAR cannot be created until after paid leave ePAR has been executed 3. ePAR will cease any pay until the employee is returned to work 4. Unpaid LOA does not require time entries on the timesheet. 3. Run a query to extract FML time that has not been approved by department i. HRMS_PT_NEEDS_APPRVL_FMLA 1. HTML 2. All time before: 1st of the following month 3. BUS UNIT is HR730 4. Click search to extract information needed 5. Email departments if the time has not been approved 4. FML related time entries are made on the 15th of the month for monthly employees and Thursdays after pay period ends for bi-weekly employees a. Other benefit related review during this process include: i. Unpaid LOA - initiate ePAR to place employee on LOA if employee exhaust paid time during said month
Page # PROCESS CONTINOUS SOP #SOP Owner FAMILY MEDICAL LEAVE Revision # 3 of 3 Implementation Date Last Reviewed/Update Date Approval ii. Benefits Coverage Review - Place employee on unpaid leave in ERS if employee is in an unpaid status for the entire month(s) while on FML iii. Communicate with department any updates to leave or employee's need for possible extended leave post FMLEXTENDED LEAVE:Extended leave is approved by department when an employee has exhausted their12 weeks FML.Extended leave requests are approved by department. Department approvesextended leave, initiate ePAR and makes extended leave time adjustments. 1. Notify the DBA and manager that the employee has exhausted the 12 week FML period. 2. The management team has to decide if the employee qualifies for \"extended leave\"; if the team agrees, instruct them to initiate an extended leave/Health Reasons ePAR with effective date. 3. The department now assumes responsibility for monitoring the extended leave process.
Page # FML Leave Calculation SOP #SOP Owner: 1 of 2 Revision # P. Arbuckle Implementation Date Last Reviewed/Update Date ApprovalSTANDARD OPERATING PROCEDUREObjective: Review, calculate and allocate employee sick, vacation and unpaidFML leave time.FML Calculation and Allocation 1. Use Leave Balance Sheet to determine sick and vacation hours 2. Divide sick hours by 8 (8 hour workday) to determine number of sick days. (Example 325 hours sick time) a. 325 divided by 8 = 40.625 - Round to the whole number (employee has 40 days of sick time to allocate) b. Determine the value of 40 days in hours. Convert whole days back into hours: 40*8 = 320 hours c. Subtract hours from original sick hours: 325 hours - 320 = 5 hours 3. Total breakdown: 40 days, 5 hours 4. Repeat steps for vacation time. 5. Use total days and hours; apply to FML requested time; note on FML checklist and complete FML Analysis using this information.See below example.
Page # FML Leave Calculation SOP #SOP Owner: 2 of 2 Revision # P. Arbuckle Implementation Date Last Reviewed/Update Date Approval
Page # Intermittent FML Process SOP #SOP Owner: 1 of 2 Revision # P. Arbuckle Implementation Date Last Reviewed/Update Date ApprovalSTANDARD OPERATING PROCEDUREProcedures for processing Intermittent FML:Documents needed for Intermittent FML: FML/Parental Leave Application Physicians Release of Information Certification of Health Care Provider for Serious Health ConditionProcedures: 1. Review packet to ensure all required documents above are attached and complete. 2. Review application; does the application: a. Determine if leave is for self or family member? b. Provide medical information that fits \"serious illness\" definition? c. Provide frequency details of leave? 3. Review the Physician's Certification to ensure the following questions are answered: a. Does the Physician specifically state the nature of the illness? b. Does the illness fit the serious category? c. Does the certification specify the frequency of the flare-up or time needed in hours, per day, week or month (frequency)? 4. If not, notify the employee that of the deficiency and request additional information from the doctor. The employee can request this information from the doctor with instructions to fax the update to HR. 713.743.4830 5. If application and doctor's certification is complete, email department of FML Intermittent request. Letter can be found at L:\Benefits\FMLA\Letter Templates\Intermittent\Ltr to Department 6. If department agrees to accommodate the request, prepare Intermittent FML Letter; email department, supervisor and employee. 7. If no, notify all parties via email that the department is unable to accommodate the request. L:\Benefits\FMLA\Letter Templates\Intermittent\Ltr to Department 8. Save letter and create pdf. Email notices to employee, manager and CBA/DBA 9. File letter and packet in the \"Intermittent FML\" file for future reference.Departments are responsible for tracking and noting absences in PeopleSoft.
Page # Intermittent FML Process SOP #SOP Owner: 2 of 2 Revision # P. Arbuckle Implementation Date Last Reviewed/Update Date ApprovalSAMPLE HR NOTIFICATION TO DEPARTMENTGood Afternoon,The purpose of this e-mail is to notify you that EMPLOYEE NAME (employee ID: ) has requestedIntermittent FMLA – TYPE (Self, family member, etc.) Serious Health Condition. The followingintermittent schedule has been provided by the doctor, please advise if you are able to approvethe schedule below.FML RECERTIFICATION PROCEDURESFML INTERMITTENT APPROVAL AND RECERTIFICATION 1. Employee files FML Application, Physicians Release (noted Intermittent FML) & Certification of Health Care Provider. 2. Intermittent FML Processing (Once all forms are received): a. For recertification: i. Request FML related time totals from department before approving recertification; DBA and CBA to ensure time previously taken did not exceed the 12 weeks allowed for FML. b. Employee must provide intermittent leave schedule c. Generate approval letter for employee based on intermittent schedule provided d. If schedule varies employee must coordinate with supervisor e. If department cannot accommodate leave schedule, Benefits will refer the case to Employee Relations. f. Create an electronic copy for Intermittent FML file g. Send original approval letter to employee’s Email address h. Notify supervisor, department and CBA. Provide copy of approval letter and an estimated treatment schedule indicated on the Certification of Health Care Provider: i. Provide department with FML tracker upon request
Page #1 POST FML RETURN LTR SOP #SOP Owner: 1 of 1 Revision # P. Arbuckle Implementation Date Last Reviewed/Update Date Approval POST FML RETURNDear NAME,We are happy to welcome you back to the University of Houston. We realize that transitioning back toyour work/life routine can be an adjustment, so we are here to help. Human Resources would like toshare several reminders that may impact you. These items are as follows:Return to workEffective DATE, all employees returning from Family Medical Leave must report to Human Resources ontheir return date. Please bring your doctor’s return to work release form with you; Human Resourceswill retain the work release form and notify your department of your work status. Employees that donot have a doctor’s return will not be cleared to work until one is filed with human resources.Sick/Vacation Leave BalancesPrior to the start of your leave, Human Resources provided you with a detailed breakdown of how yourleave would be applied. Human Resources and your department are responsible for entering andapproving leave during FML. Leave deductions are adjusted monthly, which means you may see hourbalances that have not been deducted or sick and vacation accruals earned during leave not included.Payroll and benefits are working closely to make leave adjustments and should have accurate leavebalances available to you around 30 days after your return.Benefit DeductionsDuring FML, employee medical and optional benefits are deducted from your pay as long as you are in apaid status. If you move from paid to unpaid status during anytime of the month, you may or may nothave enough pay earned to cover your benefits. Should this happens, a representative from (payroll orHR?) will contact you to discuss this outstanding balance and determine the best method of repaymentto the university.Again, welcome back to the “Power House.;” we value your contribution to the university. If you haveany questions regarding any of the reminders or other subjects that have not been addressed, pleasecontact the Human Resources Service Center at 713.743.3988.Sincerely,
Page #1 POST FML RETURN LTR SOP #SOP Owner: 2 of 1 Revision # P. Arbuckle Implementation Date Last Reviewed/Update Date Approval
FML/ Worker’s Compensation WorkflowRisk Management LeaFFvMMeL Lo PTr lyPapcaeeid:m bUeysn eWt C Notifies HR of WC Claim And FML Placment Use Accrued Paid by WC Leave Prepare FML Prepare FML notice with 12 notice and week start/end analysis with dates leave allocation Email Employee, Email Manager and Employee, CBS/DBA Manager and CBA/DBA Create ePAR placing Create ePAR placing employee on LOA with start employee on Paid LOA/FML date HR sends release to Risk Enter time department to Management monthly or bi‐ initiate RTW ePAR notifies HR weekly when according to employee pay cycle returns to Place work employee on LOA when paid leave is exhausted
Page # FML/Workers Comp Cases SOP #SOP Owner: 1 of 2 Revision # P. Arbuckle Implementation Date Last Reviewed/Update Date ApprovalSTANDARD OPERATING PROCEDUREOverviewWorkers Compensation cases are handled by UH Risk Management (Alicia Cantu is the Specialistcontact x3-5865). An employee files a workers comp injury report and supporting document toRisk Management. Should the employee require surgery or prolonged recovery time, RiskManagement notifies HR of the employee’s injury and intent to use leave during this period.Process: 1. Benefits receives email notice from Risk Management to place the injured employee on FML. Start date is given by Risk Management. All WC FML cases are processed for the 12 week period. (WC cases don't have a specific set return time). 2. If employee wants to use leave, approve the FML and complete the FML Analysis 3. If the employee elects to be paid by the state: Create FML approval only with the 12 week period. 4. Process using the steps of processing a continuous FML request. 5. Risk Management will notify Benefits Team when the employee has been cleared to return to work. 6. HR will notify the employee's management team to initiate a return to work ePAR.Sample #1 Notice with instruction to use accrued leave:Subject Sylvia L. Harris ID #0145038FromTo Cantu, AliciaCc Arbuckle, Patricia JSent McMorris, Miranda P; Haroon, Ruby; Thanudape, Maylin; Winsborough, Amber Thursday, February 09, 2017 3:12 PMGood afternoon,Sylvia Harris is off from work effective 2/6/17 as a result of injuries sustained on a work relatedinjury that occurred on 1/9/17. Mrs. Harris elected to use her accrued sick and vacation leavewhen missing time from work. As of today she has 53 hours of sick time and 22.50 hours ofvacation.This e-mail serves as notice for FMLA.Thank you,
Page # FML/Workers Comp Cases SOP #SOP Owner: 2 of 2 Revision # P. Arbuckle Implementation Date Last Reviewed/Update Date ApprovalAlicia CantuRisk Management and Insurance SpecialistUniversity of HoustonDepartment of Risk ManagementA Carnegie-designated Tier One public research universityPhone 713.743.5865Fax [email protected] #2: Notice from Risk Management: FML using no accrued leaveSubject Marina Blanco Employee ID #1105694FromTo Cantu, AliciaCc Mathew, Carl ASent Simmonds, Liliana; Kalani, Victor R; Arbuckle, Patricia J; Free, Karla; KitManYen, Sandra Thursday, February 09, 2017 11:20 AMGood morning,Mrs. Blanco had right shoulder surgery on Tuesday 2/7/17 as a result of a work related injurythat occurred on 10/6/16. Mrs. Blanco elected to use only her accrued sick leave when missingtime from work related to the injury, but as of today she has -0- hours of accrued sick time.State Office of Risk Management will initiate Temporary Income Benefits (TIBs) as of 2/7/17 andthey will continue to pay TIBs until she is released to return to work (max of 104 weeks) or whenthe physician certifies Maximum Medical Improvement.This e-mail will serve as FMLA notice.Thank you,Alicia CantuRisk Management and Insurance SpecialistUniversity of HoustonDepartment of Risk ManagementA Carnegie-designated Tier One public research universityPhone 713.743.5865Fax 713.743.1501
Page # Auditing FML Leave SOP #SOP Owner: 1 of 5 Revision # P. Arbuckle Implementation Date Last Reviewed/Update Date ApprovalSTANDARD OPERATING PROCEDUREOBJECTIVE:The purpose of this procedure is to provide an accurate account of FML leave taken, allocatedand the accuracy of returning leave balances provided by UH payroll.PROCEDURE: 1. Employee on FML or returning from FML notifies Benefits Analyst of inaccurate FML balances in writing (along with a sample balance record). 2. Pull FML analysis and review to determine final leave balances upon return. 3. Review the leave balance totals in PeopleSoft to determine the balance leave difference. 4. Run the TRAM Absence Report for employee (See Instructions Below) 5. Review all reported FML leave on timesheet to ensure manager has approved the leave. a. No - this may be the problem. Manager will have to approve the reported time b. Yes - move to the next step in review process 6. Review absences verses reported leave and plot on Audit Spreadsheet. 7. Review reported time to determine where the error is. 8. Communicate results to employee and manager along with reporting results to Payroll for correction. 9. Report findings to employee and request for correction to UH Payroll. 10. Print all correspondence and attach to FML documents. 11. Any post report leave balances should be reported to payroll.
Page # Auditing FML Leave SOP #SOP Owner: 2 of 5 Revision # P. Arbuckle Implementation Date Last Reviewed/Update Date ApprovalRunning TRAM Absence Report 1. Access TRAM Report below; select Absence Report or enter \"AbsenceReport\"(no spaces) in \"Run Control ID begins with\"2. Select Run the report by EmplID and enter EMLPID, report range and select save. Employee name will appear next to ID number.
Auditing FML Leave SOP #Page # 3 of 5 Revision #SOP Owner: P. Arbuckle Implementation Date 3. Press Run and OK. Last Reviewed/Update Date Approval4. Select \"Process Monitor\" link which will take you to the report screen. Select \"Refresh\" button until the run status and distribution status shows Success and Posted respectively. Select details and select \"View Log Trace\"; select \"PDF\" under File List; report will be available for printing or saving.
Page # Auditing FML Leave SOP #SOP Owner: 4 of 5 Revision # P. Arbuckle Implementation Date Last Reviewed/Update Date Approval
Page # Auditing FML Leave SOP #SOP Owner: 5 of 5 Revision # P. Arbuckle Implementation Date Last Reviewed/Update Date Approval
Running Queries SOP #Page # 1 of 3 Revision #SOP Owner: P. Arbuckle Implementation Date Last Reviewed/Update Date ApprovalSTANDARD OPERATING PROCEDURE:Common Benefit Queries Used HRMS_ERS_HIRE_EMPLID Go to PeopleSoft The leave review process for Mondays is currently as follows:1. Run the following queries and sort by date: HRIM_LEAVE_OF_ABSENCE_CURRENT HRIM_RETURN_FROM_LEAVE2. Save to the appropriate folder: L:\Benefits\LOA Queries L:\Benefits\Return From Leave Queries3. Compare to the previous week’s query and for any new names, ensure that if they went onto unpaid leave or were returned from unpaid leave, the ERS job record has been updated appropriately.4. Note that the HRIM_LEAVE_OF_ABSENCE_CURRENT query will return all types of leave, such as summer work break. We are only concerned with the types of leave that we would approve on someone’s behalf such as FML, Health Reasons or Personal Reasons.OTHER QUERY TYPESThese queries are helpful with ERS.HRMS_ERS_HIREHRMS_ERS_TERMHRMS_ERS_HIRE_REG_AUDITHRMS_ERS_HIRE_EMPLID - EE
Page # Running Queries SOP #SOP Owner: 2 of 3 Revision # P. Arbuckle Implementation Date Last Reviewed/Update Date ApprovalFrom<https://hrprd.my.uh.edu/psc/hrprd_1/EMPLOYEE/HRMS/q/?ICAction=ICQryNameExcelURL=PUBLIC.HRMS_ERS_HIRE_EMPLID>Query to pull up employee information by EMPLID (will not pull up hire date).Query that extracts all reported time entered on the timesheet:TRAM_TOTAL_REPORTED_HRSReturn from Leave Query:HRIM_Return_from_leaveBatch Approval Query – Never initiated Speak with Ann Pino.
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