Www.ncsu.edu/hr/benefits/ State Health Plan Update The Fiscal Research Division recently presented the following facts to the General Assembly: There

www.ncsu.edu/hr/benefits/

State Health Plan Update The Fiscal Research Division recently

presented the following facts to the General Assembly:

There were unexpected losses in the plan due to greater utilization of medical services and provider discounts were less than projected

The General Assembly will be asked for a special $300 million allocation to keep the health plan operating


State Health Plan Update The State Health Plan is projected to fall short

$1.2 billion for the 2009-2011 plan years. To reduce this shortfall, a menu of benefit

changes, premium rate increases and other operational changes will have to be considered.


NC State Childcare Center There are currently openings for children $100 referral for current participants Any new enrollee in the Center will receive

their second month of tuition FREE!!!

Open House February 27th

8:00-10:00 am & 3:00-5:00 pm


University Awards for Excellence

Nominations are currently taking place! Program rewards SPA & EPA/NF for Outstanding

Service, Innovations, Public Service, Safety & Heroism and Human Relations.

48 employees are selected as college/unit recipients and 5 employees are named University winners.

Colleges/Units have different deadlines for nominations!

Employee Appreciation Week

Scheduled for March 2-6, 2009

During challenging economic times, we

especially appreciate the contributions and

dedication of NC State’s employees.

Please take time to enjoy some events! !www.ncsu.edu/hr/benefits/

EAW- Monday March 2nd

NC State Baseball team plays NC A&T on Doak Field at 3 pm.

Faculty/Staff receive free admission for themselves and one guest with an

NC State ID card (kids under 17 get in free).

Swing by the Employee Appreciation table at the game to win

promotions and prizes! Want to throw out the first pitch? Send an email to:

[email protected] by February 28th for the random drawing.www.ncsu.edu/hr/benefits/

EAW- Tuesday March 3rd

A professional development conference for unit-based HR Reps will be

held at the Talley Student Center. For details, visit: www.ncsu.edu/hr/conference/register/.


EAW- Wednesday March 4th

Employees are encouraged to attend the Staff Senate meeting at the

Talley Student Center Ballroom at 10:00 am. UNC System President Erskine

Bowles will speak. For more information, please visit:

www.ncsu.edu/staff_senate/index.htm


EAW- Thursday March 5th

Do you have the most NC State Spirit? Take a break from your day &

round up a team for the 8th Annual Fun Run & Fitness Walk. The “Most

Spirited” team will win the trophy to showcase in their work unit.

Registration and more details can be found online at: www.ncsu.edu/hr/WolfLife/ .


EAW- Friday March 6th

Employees are invited to an Ice Cream social from 2:00 to 4:00 pm at

the Golden LEAF BTEC building on Centennial Campus! The social will

include tours of the BTEC building, fun and interactive experiments, music,

games and much more.

Social is generously sponsored by:


Are You Ready for the New Amendments?

The Family and Medical Leave Act of 1993 and the

American with Disabilities Act of 1990


Significant Changes to FMLA• Incorporation of military leave provisions as outlined

under National Defense Authorization Act of 2008

– Authorized up to 26 weeks in single 12 month period to care for injured servicemen

– Defined “qualified exigency”• Placed a 7 year limit on employer review obligations

to determine 1 year service requirement• Amended period of incapacity test to include

treatment for chronic intermittent conditions which are sporadic or in remission


Significant Changes to FMLA cont.

• Amended notice requirements to permit employers to respond within five days as opposed to two days.

• Enhanced employer notice obligations– Must provide monthly notice of use of FMLA time if no definitive

end date provided in medical certification– Must provide enhanced information in approval correspondence

• Employers can now retroactively designate FMLA leave if failing to timely designate does not cause harm or injury to the employee. Employee and employer can also mutually agree that time will be retroactively applied to FMLA.


• Employees must now comply with employers’ usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances.

• If the healthcare provider certification is incomplete, the employer may contact the health care provider for purposes of clarification

• New Forms – Family Medical Leave Request Form– Medical Certification Forms – FMLA Poster

Significant Changes to FMLA cont.


ADA Amendments Act of 2008• Effective January 1, 2009• Disability under old Act was “defined” as:

– A mental or physical impairment that substantially limits one or more major life activities; or

– A record of such an impairment; or, – Is regarded as having such an impairment

• Court cases significantly limited its scope and application

• New ADA Amendments offer a “broad scope of protection” for employees. Courts are now required to give coverage and deference to the plaintiffs to the “maximum extent permitted” by the statute.


“Majority Life Activity”• “Majority Life Activity” now includes just about everything.• Under the old Act, ADA was silent as to what constituted a “major life

activity.” • New amendments include an exhaustive list of activities:

– Including caring for oneself, performing manual tasks, sleeping, eating, reading, concentrating, and working.

• Definition expanded to include that operation of any major bodily function is considered a major life activity– Including functions of immune system, digestive functions,

reproductive functions, and neurological and brain functions.


Employers and the Courts can no longer rely on “mitigating factors” to determine whether an employee is sufficiently “disabled” under

the statute. • Ex.: Employer can no longer consider in their

determination the use of medications to control condition or prosthetics or learned adaptations.

• Only exception to rule is for eyeglasses and contact

lenses.


Provision Expanded: “Regarded As”

• Under old ADA, employees would have to prove that the employer “regarded” them as being substantially limited in a major life activity.

• New ADA provisions mandate that the “regarded as” employee need only demonstrate that the employer perceived him/her as having a mental or physical impairment. Thus, eliminating the need to show that there is a substantial limitation on a major life activity.


Episodic or Dormant Impairments• The new ADA Act provides that impairments that are episodic or in

remission still may qualify as disabilities if the impairment would substantially limit a major life activity when active.

• This means that chronic conditions prone to flare-ups, which do not impact a major life activity between episodes, now may qualify as protected disabilities.

• Various chronic conditions that qualify for intermittent leave under the Family and Medical Leave Act now may also be disabilities under the ADA.

• For Example: Asthma, Cancer, Depression, IBS, etc.


Effect of New Amendments

• Evaluate FMLA and WC cases that may overlap with new ADA– Understand that request for intermittent leave or continuous

leave under FMLA may also be an accommodation under ADA

• Enhanced duty to engage in accommodation process– Accommodations could include: reduced schedules,

prolonged intermittent leave, modified work hours• Educate Supervisors, Managers, HR

– Discipline without discretion may result in liability– Issue spotting and listening to buzz words

• Make sure you update your forms links!!


New Workers’ Compensation Form

• Form 17– New Posting obligation for Self Insured Agencies

• Must be posted in area where employees can see it

• Timely reporting of claims


Questions?


Documents

Www.ncsu.edu/hr/benefits/ State Health Plan Update The Fiscal Research Division recently presented the following facts to the General Assembly: There