Medical Leave guidelines

Transcription

1 Medical Leave guidelines Overview Start the leave process as soon as you know you will be absent as specified below: If you are absent for any length of time that is covered under the Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA) see serious health conditions below, any of the PG&E leave provisions, or a related state leave law; If your injury or illness will keep you from work for more than three consecutive days and you will require more than two visits to a health care provider or one visit resulting in a regiment of continuing care; or If you will be absent for more than two weeks unpaid. Follow the instructions under medical leaves of absence tab to report your leave, begin the certification process and what you need to do during your leave. For foreseeable events, you must provide 30 days advance notice of your planned leave start date. For unforeseeable events, this is as soon as the need for leave is known. If you fail to notify your supervisor and contact Sedgwick within this timeframe, your request for FMLA/CFRA/PDL or company leave may be delayed or denied. When you call or report your leave online, have the following information ready to share: Your name and the name of your eligible family member (if applicable); Your personnel number and date of birth; Your home mailing address; Your contact number(s); Your current work schedule; The type of leave needed; The estimated duration of leave; and Your supervisor's contact information. What is a serious health condition, as defined under FMLA or CFRA? The health care provider for you or your family member designates how your or your family member s medical condition and associated absence(s) may qualify as a serious health condition. If you are unsure whether your illness or injury qualifies as a serious health condition, please discuss with your health care provider. Below are some examples of conditions that would not ordinarily, unless complications arise, meet the definition and qualify as serious health conditions for FMLA leaves: The common cold; The flu; Ear aches; Upset stomach; Minor ulcers; Headaches other than migraine; or Routine dental or orthodontia problems, periodontal disease, etc. Communicate with Your Supervisor. When reporting a leave, you must inform your supervisor of the estimated length of your absence, as known. You must also communicate your paid time requests to your supervisor in advance of your absence, if foreseeable. While on leave, you are required to keep in contact with your supervisor to provide your status and intent to return to work.

2 Certification of Your Medical Leave. You are required to provide a completed Medical Certification form for absences of any length of time (due to your medical condition or the medical condition of a family member) you want protected under FMLA, related state leave laws or a company leave. Review the medical leaves of absence process for how to return certification forms to Sedgwick. Full details will be provided in your leave package. If your forms are not received within the timeframe as noted in the package (generally within 20 calendars days), your leave request may be denied or delayed. Sedgwick will count any approved time off towards the maximum hours allotted under each leave entitlement. For intermittent leaves, the certification form must include planned or unplanned absences for treatment or illness with the frequency and duration of each absence. If the form is not returned completed within the required timeframe, your request may be delayed or denied. If your leave is approved, it is your responsibility to continue to keep in touch with Sedgwick and your supervisor. Sedgwick will approve your time off based on the status of your certification, as long as the absence is within the parameters designated by your health care provider and in consideration of available leaves to you. If your leave is denied, Sedgwick will notify you and you will need to work with your supervisor on next steps. Re-certification of Your Medical Leave. You are required to notify Sedgwick immediately to re-certify your absence and provide the supporting documentation for your changes or continued absence. If your condition changes or your current certification period ends, it is your responsibility to notify Sedgwick and your supervisor immediately and prior to the expiration of your current approved leave. You ll need to request the necessary forms to extend your leave from Sedgwick. You are required to re-qualify and provide re-certification every 12 months for long-term, approved intermittent leaves. If a new intermittent leave period is foreseeable, it is your responsibility to contact Sedgwick to request a new leave of absence prior to the expiration of your current approved leave. Returning to Work after Medical Leave. Contact Sedgwick and your supervisor with the date you are planning on returning to work. If the leave was for your own medical condition and lasted longer than 10 days, you must provide a written release to return to work. A release to return to work may also be requested as the condition merits. The release to return to work must include any restrictions or job duties you are unable to perform. Your supervisor will review the release to determine whether or not they are able to reasonably accommodate your restrictions. If you do not provide a release to return to work, you return will be delayed until one is provided. It takes a collaborative effort to maximize a successful return to work. You must work closely with Sedgwick, your supervisor and treating physician for a safe and effective return to work. If you need work accommodations in order to remain at or return to work, please contact the PG&E Stay-At- Work / Return-To-Work Team at HROpsInteractiveD@pge.com or call Please be advised if your classification of work falls under the DOT requirements and you have been on a leave of absence greater than 30 days unpaid, you will be required to complete a pre-duty testing prior to your return to work. Please work with your supervisor for these arrangements. Benefits While on Leave Your benefits stay the same if you are still receiving pay from PG&E. You are eligible to maintain your existing medical, dental and vision coverage during your approved and unpaid leave, under certain parameters. If you are no longer receiving pay from PG&E, you can find information on your health benefits eligibility, including Life Insurance, Flexible Spending Accounts, benefits costs and changes, and benefits payment options by calling the PG&E Benefits Service Center at or visiting Performance Reviews If you have three months or more employment with PG&E and are employed as of April 1 (for Mid-year review) and as of October 1 (for Year-end review) you will receive a performance review. When you are going on a planned leave that will extend over the Mid-year or Year-end evaluation period, you have the opportunity to

3 complete a self-evaluation and provide your supervisor with names of feedback providers. Your supervisor will be able to complete your evaluation and provide you with feedback upon your return. Eligibility, Job Protection and Pay information FMLA/CFRA FOR SELF OR FAMILY MEMBER Family and Medical Leave Act (FMLA) of 1993 and California Family Rights Act (CFRA) of 1991 FMLA/CFRA requires the company to provide up to 12 weeks (in a rolling 12-month period) of unpaid, job protected leave to eligible employees. Leaves may be taken in a consecutive period, on an intermittent basis, or on a reduced schedule. Leaves may be granted for the following reasons: Your own serious health condition; Care for a parent, a spouse or registered domestic partner (CFRA only) with a serious health condition; Care for a child with a serious health condition. Child means a biological, adopted, or foster child, a step-child, a legal ward, or a child of a person standing in loco parentis, who is either: under 18 years of age; 18 years of age or older and incapable of self-care due to mental or physical disability within the meaning of Gov t Code section 12926, subdivisions (i) and (k); Birth of a child or placement of a child in connection with adoption or foster care; For qualifying exigencies due to a spouse, or a son, daughter or parent who is a military member on covered active duty or call to covered active duty in the Armed Forces (FMLA only); or Care for a covered service member/covered veteran with a serious injury or illness who is your spouse, son, daughter, parent, or next of kin (FMLA only). Eligibility Completed one year of service with the company. Worked at least 1250 hours within the 12 months immediately preceding the leave start date. Hours worked does not include paid or unpaid absences. Has not exhausted his/her FMLA/CFRA entitlement within the 12 months prior to the requested leave date. Hiring Hall employees who have met the above criteria are eligible for family and medical leave under the FMLA and CFRA. CFRA You must work in California. Duration 12 weeks in a rolling 12-month period measured backward from the date any FMLA/CFRA is used. The rolling calendar is used to account for FMLA/CFRA absences during a defined period of time (i.e., rolling year, rolling month and rolling week). Available FMLA and CFRA entitlements will be determined by reviewing any FMLA/CFRA absences taken in the 12 months prior to each new absence reported. Job Protection You return to former or equivalent classification and work location. Hiring Hall employees may return to equivalent classification and work location if work is available. If a position is eliminated, you have no greater right to reinstatement or to other benefits and conditions of employment than if you had been continuously employed (working) during the FMLA/CFRA leave period. Pay Your own condition: You must exhaust paid sick leave prior to unpaid medical leave with the exception of pregnancy disability leave. After exhausting all paid sick leave, you may elect to use any available paid time off (vacation, floating holiday or Vacation Buy Days), if approved by supervisor in advance; otherwise, the leave is unpaid. Paid time cannot be used intermittently during a continuous leave of absence. You may file a claim for State Disability Insurance with EDD. Use of paid time through the company runs concurrently with FMLA/CFRA/PDL and does not extend the 12-week FMLA/CFRA entitlement or the 4-month PDL entitlement. Other Information For FMLA/CFRA eligibility purposes, time off on military leave is treated as time worked. FMLA and CFRA run concurrently during medical leaves (except for pregnancy related disability). If FMLA/CFRA time is exhausted and you need additional time off, you must complete the Company Leave paperwork.

4 For unpaid leave greater than 10 consecutive workdays, you will be placed on an unpaid status in the SAP system and the company leave will start to run concurrently with your FMLA and CFRA, as applicable. COMPANY MEDICAL LEAVE OF ABSENCE (CML) An unpaid leave which is taken due to employee s own illness, injury off the job, or pregnancy. To be used when: Paid sick leave has been exhausted and you will remain absent for greater than two weeks; Unpaid FMLA/CFRA/PDL is not available or applicable; or Paid FMLA/CFRA/PDL has been exhausted and leave of absence has not ended. Unpaid FMLA/CFRA/PDL and the CML run concurrently except for pregnancy related disabilities, in which CFRA and PDL do not run concurrently (see previous page for more details on FMLA/CFRA). Eligibility Absences must be more than 10 consecutive unpaid work days. Leave cannot be taken on an intermittent basis or on a reduced schedule. Union-represented employees: Attained Regular Status. Non-union-represented employees: Completed six months of continuous service. Hiring Hall employees; Are not eligible for this leave. Medical Certification is required with sufficient information to support the requested medical leave, as well as the duration of requested leave. Sufficient information includes current work limitations and capabilities, what specific job functions you are unable to perform, planned treatment and the estimated length of disability. Duration Leave ends when medical documentation no longer supports the need for leave and you are released to return to work, with or without reasonable accommodations. Company leaves may be granted for up to six months. Up to an additional six months may be granted upon request and sufficient re-certification. Maximum length of leave, including extension, is 12 consecutive months in combination with all other leaves. This includes unpaid FMLA/CFRA/PDL and excludes military and educational leaves. Job Protection You return to former or equivalent classification and work location. If a position is eliminated, you have no greater right to reinstatement or to other benefits and conditions of employment than if you had been continuously working during the leave period. You may be denied a request for CML based on history of overall availability. For example, if the granting of leave(s) has not proven effective in increasing an ability to return to work and/or remain at work, additional leave may not be granted. Pay Company leaves are unpaid. All sick pay must be used and exhausted first. You may file a claim for State Disability Insurance (SDI) with EDD. Other Information After five consecutive months of medical leave of absence, you may be eligible for Long-Term Disability (LTD).

5 Leave of Absence Conditions For Maintaining Status as an Employee while on an approved leave By requesting a Leave of Absence, I agree to all conditions stated below to maintain my employee status while on a leave under the Family Medical Leave Act (FMLA), California Family Rights Act (CFRA), California Pregnancy Disability Leave (PDL), Company leave and/or other Federal, State or local leave of absence: Leave is not intended for a purpose that may lead to my resignation. I will not accept other employment or engage in business while on leave, except with specific prior written authorization. I will not engage in activities that contradict my medical reason for being out on a leave or contradict my ability to return to work during my normally scheduled working hours. I will not apply for unemployment benefits while on leave. I may be required to submit a new Health Care Provider Certification every 30 days in connection with an absence and/or at the end of a leave entitlement to reconfirm that I am still unable to work. To clarify my eligibility for FMLA/CFRA/Company leave and/or fitness to return to work, PG&E reserves the right to have me examined by an assigned panel physician at any time while I am on leave or before returning to work. I understand that while I am on leave I am required to keep in contact with my supervisor to provide updates on any changes to my leave status and intent to return to work. I understand it is my responsibility to have current FMLA/CFRA/PDL/State/Company Leave of Absence documentation on file at all times to maintain my employment eligibility during my leave and keep PG&E and Sedgwick informed of my current mailing address. Leave may not be used to cover a period of incarceration. PG&E respects and supports the need for FMLA/CFRA/PDL/State/Company leaves for those employees who have a serious health condition or need to care for a family member with a serious health condition. Please be assured that PG&E does not discourage the use of job-protected leave and is fully supportive of Federal and State laws. However, PG&E takes fraud very seriously due to the impact it has on business and other employees. If fraud is confirmed, the offending employee will be subject to termination.