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School of Medicine Professoriate and Clinician Educator Disability and Leave of Absence

AGENDA. Types of Leave of AbsenceRoles

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School of Medicine Professoriate and Clinician Educator Disability and Leave of Absence

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    1. School of Medicine Professoriate and Clinician Educator Disability and Leave of Absence School of Medicine 8/18/10 1

    2. AGENDA Types of Leave of Absence Roles & Responsibilities Reports Resources Job Protection Salary Continuation Over/Under Payments School of Medicine 8/18/10 2

    3. Non-Disability Related Leaves of Absence for Professoriate and Clinician Educators School of Medicine 8/18/10 3

    4. Non-Disability Related Leaves Leaves can be Paid or Unpaid If the employee receives any compensation while on the leave, it must be a paid leave to generate a check, i.e.: Housing Allowance Program (HAP) Housing Allowance Supplement (HAS) Bonus (BON) Retroactive Salary (RTS) School of Medicine 8/18/10 4

    5. Non-Disability Related Leaves Leaves handled by the department Sabbatical (for Professoriate)* Period of Pure Research (for Professoriate)* Family-related Leaves (for Professoriate)* Professional Development Leave (for CE’s)* Conference Leave (for CE’s) Military Leave* Personal Leave (always Unpaid for Staff)* Annual Paid Time Off with approval of department *Submit request form to Office of Academic Affairs (OAA) for review and approval School of Medicine 8/18/10 5

    6. Policy Resources: For Professoriate, see the University Faculty Handbook, Chapter 3 and OAA web page, http://med.stanford.edu/academicaffairs/ For Clinician Educators, SoM Faculty Handbook, Chapter 8, and OAA web page For Academic Staff-Teaching (Lecturers, Senior Lecturers), see University Faculty Handbook, Chapter 7 School of Medicine 8/18/10 6 Non-Disability Related Leaves

    7. Disability Related Leaves for Professoriate and Clinician Educators School of Medicine 8/18/10 7

    8. Types of Disability Related Leaves Family Medical Leave (FML) Job protection Family Temporary Disability (FTD) Bonding or family care Short-Term Disability (STD) – for employees not residing in California School of Medicine 8/18/10 8

    9. Types of Disability Related Leaves Voluntary Disability (VDI) Short Term Disability for employees residing in California and not participating in State Disability; Liberty Mutual administrator Weekly amount = $987.00; maximum 60% Long-Term Disability (LTD) Employees may become eligible for LTD benefits after 90 days on VDI or WC. Liberty Mutual administrator Monthly benefit = 66 2/3% Workers’ Compensation (WC) Submit forms to Risk Management; Zurich administrator Weekly amount = $986.69; maximum 66 2/3 School of Medicine 8/18/10 9

    10. Disability Related Leaves Policy Resources University Faculty Handbook Disability & Family Leaves, Admin Guide Memo 27.7 Family Matters @ Stanford School of Medicine 8/18/10 10

    11. Roles and Responsibilities School of Medicine 8/18/10 11

    12. The Communication Circle Continuous full-circle coordination and communication is required for successful management of any disability-related leave Division Leave Contacts Manage PS HR records user Benefits Disability & Leave Services (DLS) School of Medicine 8/18/10 12

    13. The Communication Circle Employee Manager/Supervisor FAA/HRM/HRA/DFA HRG, Employee & Labor Relations (E&LR) Office of Academic Affairs Faculty Compensation Vendors Payroll School of Medicine 8/18/10 13

    14. Professoriate or Clinician Educator Role Contact Department Chair or Division Chief and Department FAA/HRM as soon as possible regarding a leave Work with Department FAA/HRM in communicating leave with appropriate insurance vendor (Liberty Mutual and/or Zurich) Employees may be eligible for FML and/or VDI benefit when they are on Workers’ Compensation Maintain contact with appropriate vendor, physician and FAA/HRM regarding status for duration of the leave School of Medicine 8/18/10 14

    15. Chairman or Division Chief Role When notified by employee of leave request, refer employee to FAA/HRM Contact your department FAA/HRM Forward any leave related correspondence from employee to FAA/HRM Inform FAA/HRM when employee returns to work, or if you learn the employee is unable to return to work when expected Consult with FAA/HRM and/or E&LR if you receive a request for workplace accommodation School of Medicine 8/18/10 15

    16. Vendor Role-Liberty Mutual and Zurich Intake and process necessary information Communicate with employee, HR Division contact and DLS regarding status of leave (new, extension, approval, denial, etc), type and duration of leave, and amount of benefit Determine FMLA eligibility Provide letter(s) to employee related to approval of disability claim and/or FML with cc to DLS and HR Division Contact Work in conjunction with Zurich/Liberty Mutual to determine if an additional weekly benefit amount needs to be awarded. School of Medicine 8/18/10 16

    17. FAA/HRM Contact Role Counsel employee on available leave types Inform employee on how pay will be affected while on leave Work with DLS, E&LR, and vendors to answer employee questions and concerns Work with DLS and vendors regarding information and updates to employee’s claim Ensure employee communicates as needed to vendors and supervisor School of Medicine 8/18/10 17

    18. FAA/HRM Contact Role (cont) Report claim to Liberty Mutual if employee or family member has not or is unable to start the claim Provide departmental supervisors information regarding claim using Liberty Mutual and/or DLS reports Complete and submit all necessary Workers’ Compensation paperwork as required by Risk Management After FML ends, coordinate further leave within department School of Medicine 8/18/10 18

    19. Employee & Labor Relations and/or Academic Affairs Role Provide consultation regarding leave policy and practice Develop documentation for departments as needed Review (with department FAA/HR Contact and/or supervisor), requests for accommodations Coordinate the “interactive process” Review leave beyond FML; approve terminations Review and approve/deny extended leaves beyond one year; OAA approval is required for leaves beyond 12 months School of Medicine 8/18/10 19

    20. Data Leave Services (DLS) Role Process and administer all disability leaves (short term, long term, family medical, family temporary disability, workers’ compensation) Includes processing all PeopleSoft actions, calculation for employee’s salary continuation and pay transactions as needed Provide HR division contacts with Salary Continuation Projections as requested Inform HR division contact of any over/under or payments School of Medicine 8/18/10 20

    21. DLS Role (cont) Point of contact for vendors (Liberty Mutual, Zurich, and Unum) and SU management Audits between SU data and vendor data Clear, concise internal reports School of Medicine 8/18/10 21

    22. DLS Role (cont) Upon receiving notification, DLS Analyst manages the employee leave cycle: Creates electronic leave file Inputs/updates data into PeopleSoft HRMS Continuous contact with Stanford HR division contacts and leave vendors regarding status, hours worked, etc. Ensure employee’s pay is correct and does not exceed pre-disability rate when all income sources are combined School of Medicine 8/18/10 22

    23. References Brochures What to do if you become sick or disabled…Faculty What to do if you become sick or disabled…Staff Liberty Mutual authorization card (VDI, LTD, FTD, FML) School of Medicine 8/18/10 23

    24. Forms and Additional Information Go to HR & Benefits web site (hrweb.stanford.edu/); Click on Benefits Click on the Medical & Life Link Click on Disability Link Or, go directly to http://benefits.stanford.edu/cgi-bin/health_and_life/disability/ School of Medicine 8/18/10 24

    25. School of Medicine 8/18/10 25

    26. School of Medicine 8/18/10 26

    27. School of Medicine 8/18/10 27

    28. Federal and State Job Protections School of Medicine 8/18/10 28

    29. Key to Next 2 Slides FMLA – Family Medical Leave Act CFRA – California Family Rights Act PDL – Pregnancy Disability Leave LOA – Leave of Absence FTD – Family Temporary Disability Insurance Slide 30 references job protections only and does not indicate how an employee will be paid while on the leave of absence. Slide 31 indicates how an employee will be paid while on leave and indicates the associated job protections while on that particular leave. School of Medicine 8/18/10 29

    30. School of Medicine 8/18/10 30

    31. Typical Maternity Leave School of Medicine 8/18/10 31

    32. Salary Continuation School of Medicine 8/18/10 32

    33. Salary Continuation What is it? For the first 90 days of an approved VDI leave, the department pays the difference between VDI payment and appointment salary How is this done? The amount of the VDI/FTD benefit is deducted via the Create Additional Pay panel in PeopleSoft each pay period. This amount will change each period based on the total number of calendar days on leave each period. School of Medicine 8/18/10 33

    34. Clinician Educator Time Off With Pay 1st 90 days = VDI + difference to appointment salary After 90 days = VDI + LTD + supplement with time off with pay if available Maternity Leave: 1st 90 days, same as above FTD, use of 2 weeks “vacation” not required During FTD, can use time off with pay to supplement FTD benefit Time Off with Pay—22 days (176 hours), per calendar year, based on average number of work days in a month; pro-rated based on FTE and start date School of Medicine 8/18/10 34

    35. Benefits of VDI Claim/Leave Employee Benefits Receives a weekly Benefit check from Liberty Mutual Using a benefit that your employee is paying taxes for each paycheck VDI benefits are tax free income FTD benefits are State tax free income (Federal taxable) Employee’s Stanford salary is reduced possibly further reducing their overall annual tax liability Job protection if approved for FML/CFRA Departmental Benefits – Salary savings Salary base is decreased by amount of the VDI benefit School of Medicine 8/18/10 35

    36. Payment Schedule The following is a list of when checks are processed for each of the different types of payable benefits, once a claim has been approved for payment: Short Term Disability (STD or VDI) – weekly, issued by Liberty Mutual Family Temporary Disability – weekly, issued by Liberty Mutual Workers’ Compensation – every 14 days based on the start date of the claim, issued by Zurich School of Medicine 8/18/10 36

    37. Payment Schedules (cont) Long Term Disability – monthly, issued by Liberty Mutual for claims originating after 1/1/08 and pre-2005, Unum for claims originating between 1/1/05 and 12/31/07 Stanford University – twice monthly (7th and 22nd), as long as the employee continues to receive salary School of Medicine 8/18/10 37

    38. Over/Under Payments Based on information received from vendors and/or HR Division contacts, employees’ pay is processed each pay period Overpayments and/or Underpayments occur when: Notifications are sent to DLS after the close of a pay period with start dates beginning in a closed period – employee will receive pay from insurance benefit as well as full Stanford salary. Begin or End dates of a claim are changed after initial notification (example – days not covered by medical certification) School of Medicine 8/18/10 38

    39. Over/Under Payments (cont) In addition to a possible overpayment or underpayment, the effective date is critical for benefits and compliance Example: Stanford makes full benefit contributions for an FMLA covered leave and makes no benefit contributions for a Personal leave School of Medicine 8/18/10 39

    40. After Family Medical Leave Is Exhausted (Beyond 12 weeks) School of Medicine 8/18/10 40

    41. Admin Guide 27.7, Section 8 Applies to Clinician Educators 8. LENGTH OF LEAVE a. Maximum Duration — The maximum duration that a regular employee is eligible to be on an approved medical leave of absence due to a non-work related injury or illness is up to 12 consecutive months. This is inclusive to any portion of leave certified as a Family Medical Leave, for pregnancy related or for personal reasons. The employee will be terminated if the leave is denied and will be notified in writing about this decision. b. Exceptions — If a proposed leave will result in a total period of absence exceeding 12 months, prior approval is required from the local Human Resources Office and in concurrence with the Vice President of Human Resources (or his/her designee) or the Director of Human Resources at SLAC. Any exception to this policy is to be submitted in writing to the local Human Resources Office.* *OAA must also approve exceptions for Clinician Educators School of Medicine 8/18/10 41

    42. Faculty Handbook Applies to Professoriate University Faculty Handbook, Chapter 3 Limited to 24 contiguous months of any kind of leave; also limited to a total of 24 months of any kind of leave in 7 years. Partial leaves are prorated in calculating total leave time for these limits. School of Medicine 8/18/10 42

    43. Terms: Disability vs. Leave “Disability” refers to the approval by Liberty Mutual of a disability and receipt of benefits ($$ paid by Liberty Mutual) Disability benefits continue after termination of employment if certified by the healthcare provider “Leave” refers to the leave of absence 12 weeks of Family Medical Leave Leave beyond FML is considered an accommodation When employee is not eligible for FML, entire approved leave is considered an accommodation School of Medicine 8/18/10 43

    44. Role of Liberty Mutual when FML ends Review and determine on-going disability claim/eligibility When FML is exhausted, Liberty Mutual has no further responsibility for determination of a leave of absence School of Medicine 8/18/10 44

    45. Role of DLS when FML ends Remains involved if employee remains on unpaid personal leave, and continues to receive disability benefits Coordinates wage loss with Liberty Mutual and maintains axess time card as needed School of Medicine 8/18/10 45

    46. Role of FAA/HRM When employee is unable to return to work, or is unable to return w/o reasonable accommodations Ensure employee understand his/her disability and leave options Review extended leaves beyond FML as accommodation requests and coordinate review with supervisor and E&LR Communicate with OAA School of Medicine 8/18/10 46

    47. Role of FAA/HRM (cont) Consult with E&LR to seek advice from treating healthcare provider Determine extended leave request (consult with E&LR as needed) Communicate decision to employee Track employee leave status School of Medicine 8/18/10 47

    48. Forms Workplace Accommodation Request Form Release of Medical Information Form (Consult with HRG-E&LR before providing employee with this form) Return to Work Form LOA Information Brochure Disability & Leave Checklist (for FAA/HRM) Form to extend a term appointment for leave without pay taken School of Medicine 8/18/10 48

    49. QUESTIONS When is a leave an entitlement, and when is approval of a leave at the department’s discretion? What is different about maternity leave vs. any other type of disability leave? What is the timeline for faculty and CE maternity leave? 3. How do CE and faculty leave differ from regular staff? 4. What happens after 90 day VDI claim is exhausted? School of Medicine 8/18/10 49

    50. CASE STUDIES School of Medicine 8/18/10 50

    51. Dr. White, Assistant Professor, is on disability/ maternity leave for 8 weeks, from April 1st to May 28th. She has been in touch with her Research Coordinator a few times during the disability leave to answer questions and provide direction for clinical trials. She has been released from disability and is bonding with her new baby now, and plans on working a few hours to see some study patients and review records. How do you handle the leave? School of Medicine 8/18/10 51

    52. Dr. Smith, a Clinician Educator, slipped in the Hospital and severely injured his knee and is expected to be out for at least a month. He doesn’t want to bother with disability leave and feels he can just take it easy for the month and then return to work. What do you do? What if the leave is extended beyond a month? School of Medicine 8/18/10 52

    53. Dr. Clark, Department Chairman, needs to take time off for scheduled surgery. He has asked you to take care of the details. He expects to be off for 3 weeks. What do you do? What if the leave is extended? School of Medicine 8/18/10 53

    54. A Clinician Educator was hired June 1, 2010 at 60% FTE. She tells you she is pregnant and will begin maternity leave on October 15th. She expects to continue her full salary until she returns on March 1, 2011. What do you tell her? School of Medicine 8/18/10 54

    55. Dr. Allen has requested paternity leave. He would like to take bonding leave for two weeks at the time of the baby’s birth, and then take every Friday off for the next 10 weeks. What do you tell Dr. Allen? School of Medicine 8/18/10 55

    56. THANK YOU FOR COMING School of Medicine 8/18/10 56

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