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Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Presented by Kris MaloneyOffice of Human Resources
Leaves, Absences, and Accommodations
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
1. Americans with Disabilities Act (ADA)
2. Family and Medical Leave Act (FMLA)
3. Worker’s Compensation (WC)
Disability, Injuries & Leave: The Big Three
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
1. The majority of unscheduled absences are related to the illness of employees or their family members. One, both, or all three of these laws may be involved.
2. Violations of these laws may result in lost wages, back pay, reinstatement, retroactive benefits, compensatory damages, and punitive damages.
3. Employers have a duty to ensure that employees receive the benefits and protections these laws provide.
The Laws Interact
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
1. ADA – protects applicants and employees who are “qualified individuals with a disability.”
2. FMLA – sets minimum leave standards for employees for the birth and newborn care of a child, placement of a child for adoption or foster care, to care for an immediate family member with a serious health condition, and for the employee’s serious health condition. New Military component.
3. Workers’ Compensation - provides for payment of compensation and rehabilitation for workplace injuries and minimizes employer liability.
Brief Overview
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Employee Eligibil ity ADA – Employee (or applicant) who is disabled as defined by the ADA;
qualified for the position; can perform the essential functions of the position, with or without a reasonable accommodation.
FMLA – Employee who has worked at least 12 months and 1250 hours prior to the start of the leave; works at a worksite where there are 50 or more employees within a 75-mile radius.
Workers Compensation – Employee who has an injury arising out of or in the course of employment - state law exceptions possible for willful misconduct or intentional self-inflected injuries, willful disregard of safety rules, or intoxication from alcohol or illegal drugs.
Interplay - Employee Eligibility
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Length of Leave ADA – No specific limit for the amount of leave that would
be provided as a reasonable accommodation that does not create an undue hardship on the employer.
FMLA – 12 weeks in the 12 month period as defined by the employer
Workers’ Compensation – No specific limit for the amount of leave an injured worker may have.
Interplay - Length of Leave
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Medical Documentation ADA – Only medical examinations or inquiries regarding an employee’s
disability that are job-related and limited to determining ability to perform the job and whether an accommodation is needed and would be effective.
FMLA – Medical certification of the need for the leave not to exceed what is requested in the Department of Labor (DOL) Medical Certification Form.
Workers’ Compensation – Medical information that pertains to the employee’s on-the-job injury.
Interplay - Medical Documentation
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Restricted or Light Duty ADA – Required to be offered, if it is a reasonable
accommodation that does not create an undue hardship on the employer.
FMLA – Cannot be “required”. Workers’ Compensation – Ought to be offered if available as
it may eliminate the employee’s entitlement to the wage replacement benefit.
Interplay - Light Duty
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Fitness-to-Return-to-Work Cer tif ication ADA –Permitted as long as the medical examination and inquiry
is job-related and necessary to determine whether the employee can perform the essential functions of the job.
FMLA – Can only be required under a policy or practice that requires employees who have been on a similar type of leave of absence
Workers’ Compensation – May be and is typically required.
Interplay - Fitness for Duty
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Benefits While on Leave ADA –No specific requirements but cannot discriminate and
must provide same benefits as those provided to employees on non-ADA leave of absence.
FMLA – Health coverage must be continued at same level as prior to the leave.
Workers’ Compensation – Not required to continue unless run concurrently with FMLA leave.
Interplay - Benefits While on Leave
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Reinstatement ADA –Required reinstatement to previous job unless doing
so would create an undue hardship on the employer. FMLA – Required reinstatement to the same or an
equivalent job. NO undue hardship exception. Workers’ Compensation – No reinstatement rights , except
for retaliatory discharges.
Interplay - Reinstatement
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Topics of Discussion:• Employer Coverage and Employee Eligibility• Qualifying Reasons for Leave• Amount of Leave• Employer Rights and Responsibilities• Employee Rights and Responsibilities• Military Family Leave Provisions
Introduction to the FMLA
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Private sector employers with 50 or more employees Worked at least 12 months Have at least 1,250 hours of service during the 12
months before leave begins – Does vacation time count towards 1,250 hour requirement? - NO
Employed at a work site with 50 employees within 75 miles
Employee Eligibility
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Eligible employees may take FMLA leave:• For the birth or placement of a child for adoption or foster care • To care for a spouse, son, daughter, or parent with a serious health
condition• For their own serious health condition
• Because of a qualifying reason arising out of the covered active duty status of a military member who is the employee’s spouse, son, daughter, or parent (qualify ing exigency leave)
• To care for a covered service member with a serious injury or illness when the employee is the spouse, son, daughter, parent, or next of kin of the covered service member (mil itary caregiver leave)
Qualifying Leave Reasons
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Parent - A biological, adoptive, step or foster father or mother, or someone who stood in loco parentis to the employee when the employee was a son or daughter. Parent for FMLA purposes does not include in-laws.
Spouse - A husband or wife as defined under state law, including common law marriage where recognized.
Son or Daughter - For leave other than military family leave, a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either under 18 years of age, or 18 or older and incapable of self-care because of a mental or physical disability.
Qualifying Family Members
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Both the mother and father are entitled to FMLA leave for the birth or placement of the child and/or to be with the healthy child after the birth or placement (bonding time)
Employees may take FMLA leave before the actual birth, placement or adoption – incapacitation.
Leave must be completed by the end of the 12-month period beginning on the date of the birth or placement
Qualifying Leave Reasons:
For the Birth or Placement of a Child
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Illness, injury, impairment or physical or mental condition involving any of the following:
• Inpatient Care, overnight stay in a hospital, hospice, or residential medical facility
• Continuing Treatment by a Health Care Provider
Qualifying Leave Reasons:
Serious Health Condition
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Continuing Treatment by a Health Care Provider
• Incapacity Plus Treatment• Pregnancy • Chronic Conditions • Permanent/Long-term Conditions • Absence to Receive Multiple Treatments
Qualifying Leave Reasons:
Continuing Treatment
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Incapacity Plus Treatment Incapacity of more than three consecutive, full calendar days
that involves either: Treatment two times by HCP (first in-person visit within
seven days, both visits within 30 days of first day of incapacity)
Treatment one time by HCP (in-person visit within seven days of first day of incapacity), followed by a regimen of continuing treatment (e.g., prescription medication)
Incapacity due to pregnancy or prenatal care
Continuing Treatment by a Healthcare Provider
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Chronic Conditions Any period of incapacity or treatment due to a chronic serious health
condition, which is defined as a condition that: requires periodic visits (twice per year) to a health care provider for
treatment continues over an extended period of time may cause episodic rather than continuing periods of incapacity –
migraines, asthma, epilepsy, diabetes A period of incapacity which is permanent or long-term due to a
condition for which treatment may not be effective – stroke, terminal disease, Alzheimer's
Continuing Treatment by a Healthcare Provider
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Absence to Receive Multiple Treatments For restorative surgery after an accident or other injury, or For conditions that, if left untreated, would likely result in
incapacity of more than three consecutive, full calendar days
Continuing Treatment by a Healthcare Provider
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Employee is entitled to take intermittent or reduced schedule leave for: Employee’s or qualifying family member’s serious health
condition when the leave is medically necessary Covered service member’s serious injury or illness when the
leave is medically necessary A qualifying exigency arising out of a military member’s covered
active duty status Leave to bond with a child after the birth or placement must be
taken as a continuous block of leave unless the employer agrees to allow intermittent or reduced schedule leave
Amount of Leave:
Intermittent Leave
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt operations.
In such cases, the employee temporarily can be transferred to an alternative job with equivalent pay and benefits that accommodates recurring periods of leave better than the employee’s regular job.
Intermittent Leave
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
“Substitution” means paid leave provided by the employer runs concurrently with unpaid FMLA leave and normal terms and conditions of paid leave policy apply
Employees may choose, or employers may require, the substitution of accrued paid leave for unpaid FMLA leave
Employee remains entitled to unpaid FMLA if procedural requirements for employer’s paid leave are not met
Substitution of Paid Leave
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Provide notice Maintain group health insurance Restore the employee to same or equivalent job and
benefits
Employer Responsibilities
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Within five business days of leave request (or knowledge that leave may be FMLA-qualifying)
Eligibility determined on first instance of leave for qualifying reason in applicable 12-month leave year
New notice for subsequent qualifying reason if eligibility status changes
Provide a reason if employee is not eligible May be oral or in writing
Employer Responsibilities:Provide Notice of Eligibility
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Provided when eligibility notice required Must be in writing Notice must include:
Statement that leave may be counted as FMLA Applicable 12-month period for entitlement Certification requirements Substitution requirements Arrangements for premium payments (and potential employee liability) Status as “key” employee Job restoration and maintenance of benefits rights
Provide Notice of Rights and Eligibility
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Group health plan benefits must be maintained throughout the leave period
Same terms and conditions as if employee were continuously employed Employee must pay his/her share of the premium Even if employee chooses not to retain coverage during leave, employer
obligated to restore same coverage upon reinstatement In some circumstances, employee may be required to repay the
employer’s share of the premium if the employee does not return to work after leave
Employer Responsibilities:Maintain Group Health Plan Benefits
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Same or equivalent job equivalent pay equivalent benefits equivalent terms and conditions
Employee has no greater right to reinstatement than had the employee continued to work
Bonuses predicated on specified goal may be denied if goal not met Key employee exception
Employer Responsibilities:Job Restoration
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Employers cannot: • interfere with, restrain or deny employees’ FMLA rights• discriminate or retaliate against an employee for having
exercised FMLA rights• discharge or in any other way discriminate against an employee
because of involvement in any proceeding related to FMLA• use the taking of FMLA leave as a negative factor in employment
actions
Prohibited Employee Actions
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Provide sufficient and timely notice of the need for leave If requested by the employer:
Provide certification to support the need for leave Provide periodic status reports Provide fitness-for-duty certification
Employee Responsibilities
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Provide sufficient information to make employer aware of need for FMLA-qualifying leave
Specifically reference the qualifying reason or the need for FMLA leave for subsequent requests for same reason
Consult with employer regarding scheduling of planned medical treatment
Comply with employer’s usual and customary procedural requirements for requesting leave absent unusual circumstances
Employee Responsibilities:Notice Requirements
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Timing of Employee notice of need for leave: Foreseeable Leave - 30 days notice, or as soon as
practicable Unforeseeable Leave - as soon as practicable
Employee Responsibilities:Notice Requirements
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Medical Certification for serious health condition Submit within fifteen calendar days Employer must identify any deficiency in writing and
provide seven days to cure Annual certification may be required Employee responsible for any cost
Employee Responsibilities:Provide Certification
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Employer (not employee’s direct supervisor) may contact health care provider to: Authenticate: Verify that the information was completed and/or
authorized by the health care provider; no additional information may be requested
Clarify: Understand handwriting or meaning of a response; no additional information may be requested beyond what is required by the certification form
Second and third opinions (at employer’s cost) If employer questions the validity of the complete certification, the
employer may require a second opinion If the first and second opinions differ, employer may require a third
opinion that is final and binding
Employee Responsibilities:Provide Certification
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Employee must respond to employer’s request for information about status and intent to return to
work
Employee Responsibilities:Provide Periodic Status Reports
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
For an employee’s own serious health condition, employers may require certification that the employee is able to resume work Employer must have a uniformly-applied policy or
practice of requiring fitness-for-duty certification for all similarly-situated employees
Employee Responsibilities:Fitness-for-Duty-Certification
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
The FMLA military family leave provisions include:
•Qualifying exigency leave, which provides up to 12 workweeks of FMLA leave to help families manage their affairs when a military member has been deployed to a foreign country
•Military caregiver leave, which provides up to 26 workweeks of FMLA leave to help families care for covered service members with a serious injury or illness
*Generally, FMLA rules and requirements continue to apply
FMLA Military Family Leave
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
• Entitled to a combined total of 26 workweeks of military caregiver leave and leave for any other FMLA-qualifying reason in single 12-month period;
• May not take more than 12 workweeks of leave for any other FMLA-qualifying reason during this period;
• Military caregiver leave is a “per-service member, per-injury” entitlement – could be 52 weeks of leave . . .
FMLA Military Family Leave
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
The Americans with Disabilities Act, effective July 26, 1992, established a clear and comprehensive prohibition of discrimination on the basis of disability in employment
What is ADA?
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
•People who currently have a disability
•People who have a history of disability
•People who are perceived as disabled by others
Who is Disabled?
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Requires employers to provide qualif ied individuals with disabil i t ies an equal oppor tunity to benefit from the ful l range of employment-related oppor tunit ies avai lable to non-disabled persons.
I t prohibits discrimination in:
1. job application procedures
2. hiring
3. advancement
4. employee compensation
5. Job assignment/classification
6. job training
7. other terms, conditions, or privileges of employment
ADA Employment Prohibitions
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
“Qualified individual with a disability” means an individual with a disability who satisfies the requisite skill, experience,
education and other job-related requirements of the employment position such individual holds or desires and
who with or without reasonable accommodation, can perform the essential functions of such position
Qualified Individual with a Disability
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Reasonable accommodations may include but are not l imited to:
• Modifying the job application process
• Making facilities accessible
• Job restructuring part-time or modified work schedules
• Acquiring or modifying of equipment/devices
• Modifying policies
• Providing readers/interpreters/notetakers/CART
• Educating co-workers
• Other similar accommodations
Types of Reasonable Accommodations
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Reasonable accommodation may not be provided if such accommodation results in undue hardship on the employer.
“Undue hardship” means: an action requiring significant difficulty or expense one that is costly, extensive, substantial or disruptive One that will fundamentally alter the nature of
employment
Employment Undue Hardship
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
What is Not a Disability?Conditions Excluded by Statute
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Essential Job Functions
Fundamental Job Duties of the Position
48
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Essential Job Functions
Employers Can Establish Job-Related Qualification Standards (e.g., education, skills,
experience, physical/mental standards)
49
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Essential Job Functions
Need Clear Job Descriptions
50
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Reasonable Accommodation
May Enforce Rules of Conduct Grounded In Business Necessity
(e.g., Non-Violence Work Rules)
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Reasonable Accommodation
Accommodation must be Effective for Employee
Consult with Employee
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Reasonable Accommodation Procedure for Requesting
1. Notice to Human Resources
2. Meeting to Identify Limitations
3. Discuss Potential Accommodations
4. Determine Reasonableness
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Reasonable Accommodation
May Enforce Rules of Conduct Grounded In Business Necessity
(e.g., Non-Violence Work Rules)
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
ADA in Practice
May select the most qualified applicant available and make decisions based on reasons unrelated to a disability.
Two people apply for a job where typing is an essential function.
Can hire the faster typist even if the slower typist needs an accommodation if speed is important.
55
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
ADA in Practice
Can establish qualification standards that will exclude individuals who pose a direct threat -- i.e., a significant risk of substantial harm -- to the health or safety of the individual or of others;
Cannot simply assume that a threat exists; Must establish through objective, medically supportable
methods that there is significant risk that substantial harm could occur in the workplace.
56
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Employee (admin-exempt) has knee replacement
Example 1
FMLA (protected unpaid leave)
Employee STD (paid)
Surgery
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Weeks
Employee contacts HR to initiate FMLA paperwork Return to work PT or
Light Duty
Cont’d intermittent (protected unpaid leave)
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Pregnant employee (Support Staff/Non-Exempt)
Example 2
FMLA (protected unpaid leave)
Employee STD (paid at 60% of earnings)
Baby is
Born
Mass Parental Leave (protected unpaid leave)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Weeks
BedRest
College parental leave policy (paid 100%)
Supplement 40% Sick Time (when available)
8 weeks
Sick Time
2 weeks
8 weeks
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Female pregnant employee (Admin/Exempt)Example 3
FMLA (protected unpaid leave)
Employee STD (paid)
Baby is Born
Mass Parental Leave (protected unpaid leave)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Weeks
Bed Rest
College parental leave policy (paid)
College parental leave for spouse (paid) 8 weeks total, must be used within 6 months
Williams benefited spouse FMLA (protected unpaid leave)
8 weeks
8 weeks
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Birth / Adoption of a Child
Example 4
FMLA (protected unpaid leave)
Baby is
Born
Mass Parental Leave (protect unpaid leave)
Vacation
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Weeks
College parental leave policy (paid)
College parental leave for spouse (paid) 8 weeks total, must be used within 6 months
Williams benefited spouse FMLA (protected unpaid leave)
8 weeks 4 weeks
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
FMLA Take-a-Ways
Notify HR, and direct the employee to contact us when:
• Individual missed three consecutive days of work
• Consistently late or absent for health related reasons
• Consistently late or absent for a family member’s health related reasons
• Anticipated absence due to pregnancy, illness, or surgery
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
ADA Take-a-Ways
• ADA protects qualified individuals with disabilities from employment
discrimination
• Accommodation requests can be verbal or written
• Do not ask the employee for medical information
• Consult with HR to start the interactive process
Supervisory Training Series: Communication & Self ManagementKevin R.Thomas, Manager,Training & Development · Office of Human Resources · [email protected] · 413-597-3542
Links coming via email:
Contact Kris Maloney at [email protected]
Questions?
• Course page link to all course materials• Program evaluation link, feedback welcome
FMLA/ADA