Parental Leave (Birth Parent) Guidelines

Transcription

1 Parental Leave (Birth Parent) Guidelines Overview Start the leave process as soon as you know you will be absent as specified below: You need time off for prenatal and postnatal care appointments or treatment. You experience a periods of actual disability on account of pregnancy, childbirth or related medical conditions (includes: doctor-ordered bed rest; gestational diabetes; pregnancy-induced hypertension; preeclampsia; childbirth; postpartum depression; loss or end of pregnancy; or recovery form childbirth) The need for time off could be intermittent or continuous. You may also be eligible for a reasonable accommodation due to medical needs or to transfer to a less strenuous or hazardous position if medically advisable due to your pregnancy. Please contact the Stayat-Work/Return-to-Work Team at: HROpsInteractiveD@pge.com. Follow the instructions under pregnancy 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 Family Medical Leave Act (FMLA), California Family Rights Act (CFRA), California Pregnancy Disability Leave (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, personnel number and date of birth; Your home mailing address and contact number(s); Your current work schedule; The type of leave needed and estimated duration of leave; and Your supervisor's contact information. 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. How FMLA, PDL and CML interact If you meet the eligibility requirements for the FMLA, it will run concurrently with your approved PDL for intermittent and continuous leaves of absence (i.e., you do not have the option of saving FMLA for a later time if you qualify for FMLA for your pregnancy leave). Paid time runs concurrently with FMLA and PDL. If you are eligible for the Company Medical Leave of Absence (CML), it will start to run concurrently with your FMLA/PDL on the first day of your unpaid leave that is more than 10 consecutive workdays. How FMLA, CFRA and CBL Leave interact If you meet the eligibility requirements for FMLA and CFRA, FMLA and CFRA will run concurrently during your approved bonding leave of absence (i.e. you do not have the option for saving FMLA or CFRA for a later time if you request leave and qualify for FMLA or CFRA during your bonding leave). Paid time runs concurrently with FMLA and CFRA. If you are eligible for the Company Child Bonding Leave of Absence (CBL), it will start to run concurrently with your FMLA/CFRA on the first day of your unpaid leave that is more than 10 consecutive workdays. Pay During Your Leave (all employees) The FMLA, CFRA, PDL and/or the Company Leaves of Absence offer job protection they do not offer a pay component. Therefore, the 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. 1

2 Pay During Your Pregnancy Leave (all employees) Pay through PG&E: You can use sick time, vacation and/or floating holiday pay (vacation and floating holiday are subject to your supervisor's approval) Needs to be used at the onset of your continuous pregnancy leave Cannot be used intermittently or on a reduced schedule during your continuous leave of absence Pay through the EDD State Disability Insurance (SDI): Submit claim for benefits directly with the Employment Development Department (EDD) 7-day, unpaid waiting period (can use PG&E paid time during waiting period with no impacts to SDI) Conflicts with sick pay if receiving sick pay beyond the 7 waiting period, SDI starts after sick time ends No conflict with receiving vacation and SDI benefits at the same time Paid time through PG&E is not coordinated with SDI benefits Review EDD s FAQ s at for more information Pay During Your Child Bonding Leave (union-represented employees) Pay through PG&E: You can use vacation and floating holiday pay (subject to your supervisor's approval) Needs to be used at the onset or very end of your bonding leave If using at the end and your leave is extended, then the use of your paid time will need to be extended as well Cannot be used intermittently or on a reduced schedule during your continuous leave of absence Pay through the EDD Paid Family Leave insurance (PFL): Submit claim for benefits directly with the EDD Up to 6 weeks of PFL benefits No waiting period if transitioning from SDI to PFL benefits No conflict with receiving vacation and PFL benefits at the same time Paid time through PG&E is not coordinated with PFL benefits Review EDD s FAQs at for more information Note: If vacation/floating holiday is requested and used at the end of your FMLA/CFRA bonding leave, your company leave will end once your pay starts. You will have used your one available CBL and you will not be eligible to later extend or request a new CBL. If vacation/floating holiday is requested after your FMLA or CFRA exhausts, this will just be a request for vacation pay through your supervisor; you will no longer be on an approved leave of absence. Pay During Your Child Bonding Leave (management and administrative and technical employees) Pay through PG&E: You can use vacation and floating holiday pay (subject to your supervisor's approval) If you have a qualifying event on or after April 1, 2016, open a leave with Sedgwick and apply for PFL benefits, you can use up to five (5) weeks of available sick time during your bonding leave. Sick time: o Can be used only after the qualifying event and starting April 1, 2016 o Needs to be used prior to or after receiving PFL benefits (per EDD conflict rules noted below) o Can only be used in two (2) week increments 1 (exception would be if you did not have a full 2 weeks available; you can use your remaining sick time balance) o If your leave is denied because you do not meet FMLA/CFRA eligibility, you can use sick time as described above if approved by your supervisor All paid time through the company needs to be used at the onset or very end of your bonding leave Cannot be used intermittently or on a reduced schedule during your continuous leave of absence If using at the end of your bonding leave and your leave is extended, then the use of your paid time will need to be extended as well. See note below for more information on using paid time at the end of your absence. Important! Sick time does not extend or provide additional job protection under FMLA/CFRA or CBL. The use of sick time would be counted towards the overall length of leave you would be eligible for under the CBL. 1 While the minimum duration for using sick time during your bonding leave is two weeks, this does not affect your ability to request a child bonding leave that is shorter than two weeks, where such leave includes the use of vacation pay or is unpaid. See duration for FMLA/CFRA bonding leaves on page 5 for more information. 2

3 Pay through the EDD PFL: Submit claim for benefits directly with the EDD Up to 6 weeks of PFL benefits No waiting period if transitioning from SDI to PFL benefits No conflict with receiving vacation and PFL benefits at the same time There IS a conflict with receiving sick time and PFL benefits at the same time Paid time through PG&E is not coordinated with PFL benefits Review EDD s FAQs at for more information Note: If company paid time is requested and used at the end of your FMLA/CFRA bonding leave, your company leave will end once your pay starts. You will have used your one available CBL and you will not be eligible to later extend or request a new CBL. Additionally, if this paid time is requested after your FMLA or CFRA exhausts, this will just be a request for pay through your supervisor; you will no longer be on an approved leave of absence. This requested paid time is subject to your supervisor s approval. Certification of Your Pregnancy/Medical Leave You are required to provide a completed Medical Certification form for absences of any length of time (due to your pregnancy/medical condition) you want protected under FMLA, related state leave laws or a company leave. Review the parental leave (birth parent) 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 Pregnancy/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 from Sedgwick to extend your leave. Note: If you are approved for an intermittent leave prior to your continuous pregnancy leave, you must inform Sedgwick 30 days in advance of your planned continuous leave start date. Additional certification may be required at this time. Returning to Work Immediately Following Your Pregnancy/Medical Leave Contact Sedgwick and your supervisor with the date you are planning on returning to work. If your leave 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. 3

4 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 (management, administrative and technical, and salaried union-represented employees) 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 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 AND CHILD BONDING LEAVE 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). Bonding: Unpaid FMLA/ CFRA Child Bonding Leave runs concurrently with the Company Child Bonding Leave. FMLA does not require the company to provide intermittent or reduced leave schedules for bonding leave. CFRA will commence on the first day after all FMLA and PDL entitlements are exhausted and you remain disabled due to pregnancy or related medical conditions. Otherwise, CFRA generally begins after you are no longer disabled due to pregnancy or related conditions and your child is older than one day of age. 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. Bonding: Must be taken within 12 months of the birth, adoption or foster placement of a child. Eligibility for CFRA will be checked once FMLA and PDL entitlements exhaust and you remain off work for pregnancy or other medical reasons and/or requests a child bonding leave. 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., 4

5 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. Bonding: Minimum duration of leave is two weeks for the birth, adoption, or foster-care placement of a child. However, the company shall grant leave of less than two weeks on any two occasions. Spouses (FMLA)/Parents (CFRA) who both work for the company share the 12 weeks of FMLA/CFRA entitlements when both taking leave for bonding with their newborn child, adoption or foster placement. 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 You may elect certain available paid time. See Pay During Your Pregnancy and Child Leave for more information (pages 2-3). 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. 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. To add your child to your health care plan, call the PG&E Benefits Service Center at within 180 days of your child s birth or adoption, or within 31 days of the placement of a foster child or child for whom you are appointed legal guardianship. PREGNANCY DISABILITY LEAVE (PDL) Definition PDL requires the company to provide up to four months (or the working days in one third of a year or 17 1/3 weeks) of unpaid, job protected leave to employees, if medically necessary, for: Periods of actual disability on account of pregnancy, childbirth or related medical conditions (includes: doctor-ordered bed rest; gestational diabetes; pregnancy-induced hypertension; preeclampsia; childbirth; postpartum depression; loss or end of pregnancy; or recovery form childbirth); or Prenatal and postnatal care. PDL may run consecutively with FMLA/CFRA for child bonding purposes, if employee remains disabled due to pregnancy and has not exhausted her entitlement. PDL runs concurrently with FMLA for pregnancy disability. Employee may also be eligible for a reasonable accommodation due to medical needs and to transfer to a less strenuous or hazardous position if medically advisable due to pregnancy. Please contact the Stay-at-Work/Return-to-Work Team at: HROpsInteractiveD@pge.com. Eligibility Immediately eligible, no service requirement. You must work in California. Eligible regardless of any other FMLA/CFRA leave you have taken during the previous 12-month period. Duration Up to four months (or the working days in one third of a year or 17 1/3 weeks) per pregnancy, if medically necessary. 5

6 Job Protection You return to the same position. 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 PDL period. Pay You may elect certain available paid time. See Pay During Your Pregnancy Leave for more information (pages 2-3). You may file a claim for State Disability Insurance (SDI) with the EDD. Use of paid time through the company runs concurrently with PDL and does not extend the 4-month PDL entitlement. Other Information If PDL time is exhausted and you need additional time off on a continuous basis, you must complete the Company Leave paperwork. See instructions under FMLA for how to add your child to your health care plan. COMPANY CHILD CARE/CHILD BONDING LEAVE (CBL) Definition Unpaid leave which is taken to: Care for a newborn child; For the placement of an adopted or foster child; or For becoming legal guardian of a child. CBL runs concurrently with FMLA/CFRA Child Bonding leave. Eligibility Absence must be more than 10 consecutive unpaid workdays. Leave cannot be taken intermittently 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. Duration Company leaves may be granted for up to six months. Up to an additional six months may be granted upon request and re-certification, as applicable. 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. Must be taken and completed within three years following the birth, adoption or foster placement of a child. This leave can only be used once, per qualifying event/child. Job Protection First six months, you return to former or equivalent classification and work location. Union-represented employees: after second six months, you may return to work provided a vacancy exists in the classification and headquarters, which you vacated, or in a classification lower in the line of progression at such headquarters. If a vacancy of this kind does not exist, your employment may be terminated (refer to appropriate union agreement for details, if applicable). Non-union-represented employees: after second six months, you may return if a vacancy exists. If no vacancy exists, your employment will be terminated. 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. Pay CBL is unpaid. You may file a claim for Paid Family Leave Insurance (PFL) with EDD. Other Information If you wish to add your child to your health care plan, please contact the PG&E Benefits Service Center at within 180 days of your child s birth or adoption, or within 31 days of the placement of a foster child or child for whom you are appointed legal guardianship. 6

7 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. 7