Federal fml same sex domestic partner. Human Resources Frequently Asked Questions....



Federal fml same sex domestic partner

Federal fml same sex domestic partner

Human Resources Frequently Asked Questions What is the Family and Medical Leave Act? Implementing regulations were issued in March of In addition, the FMLA permits employees to maintain their medical benefits while on such leave. FMLA can be taken continuously or in smaller amounts, i.

When did the University Policy take effect? The restatement of the policy includes the following practices that the University has been following in administering the policy: Inclusion of faculty and unionized staff members as eligible employees. Use of the "rolling backward" method for determining the month period for purposes of the eligibility for a Family and Medical Leave.

Expansion of the benefit beyond the requirements of the federal law to allow the use of Family and Medical Leave time for a same sex domestic partner consistent with the University's definition of a same sex domestic partnership. Eligible employees are those who have been employed by the University for at least twelve 12 months and have worked for at least 1, hours during the month period immediately preceding the start of the leave.

Additionally, the employee must work at a University location with 50 or more employees within 75 miles of that worksite. Who is an employee covered by this policy? An employee is a faculty or staff member employed by the University on a full-time, part- time or temporary basis. Are temporary employees eligible for this leave? However, employees that are employed by the University on a temporary basis must meet the eligibility requirements.

Are staff members in collective bargaining units covered by this policy? Yes, although specific provisions of this policy may be superseded by an applicable collective bargaining agreement. Will I be paid during FML? A leave under the Family and Medical Leave Policy may be paid or unpaid depending on 1 the reason for the leave and 2 the sick leave and paid time off the staff member has available.

When an employee takes FML because of the employee's own serious medical condition, the employee must substitute any unused paid time off, sick leave or short term disability leave for any otherwise unpaid FML. Where an employee has paid time off, the employee must substitute that paid time off for all or part of any otherwise unpaid FML relating to the birth of a child or placement of a child for adoption for foster care, or care for a spouse, child or parent who has a serious health condition.

In all other cases, accrued sick leave may be substituted for any otherwise unpaid FML leave if sick leave is permitted under the University's Sick Leave Policy.

Do I have the option not to use my paid time off towards my FML? The University will designate an employee's use of paid leave as FML based on the information provided by the employee. Paid leave that is substituted for unpaid leave will be counted toward the 12 weeks of FML.

How is "serious health condition" defined? A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either: What is meant by "continuing treatment by a health care provider" as a qualification for use of FML?

Examples of continuous treatment are: For which of my family members may I take FML? FML may be taken for the employee's child, spouse or same sex domestic partner or parent. For purposes of this policy, a parent means the biological parent of an employee or an individual who stands or stood in the place of a parent to an employee when the employee was a child.

A child means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in the place of a parent, who is under 18 years of age or 18 years of age or older and incapable of self-care because of a mental or physical disability. A same sex domestic partnership must be consistent with the University's definition of a same sex domestic partnership.

How are my benefits affected while I am on a FML? During any FML, the University will maintain the employee's medical, dental, life and disability insurance coverage on the same conditions that coverage would have been provided if the employee had been continuously employed during the entire leave period. The University and the employee will each continue to pay their portion of the benefit costs.

In some instances, the University may recover premiums it paid to maintain health coverage for an employee who fails to return to work from FML on a prorated basis. Employees seeking FML are required to provide their supervisors and the University's Division of Human Resources at least 30 days prior written notice of the proposed leave.

Where advance notice is not possible, such as in the event of a medical emergency, notice should be given as soon as practicable. In practice "as practicable" means at least verbal notification within two business days after the employee becomes aware of the need for leave unless it is not feasible.

Failure to give advance notice where foreseeable may delay or postpone the commencement of the leave. Please contact the Division of Human Resources or see our web site http: What kind of medical documentation will be required when I request a leave? Similar to a request for short term disability, if FML is based on a serious health condition, whether it involves the employee or a family member parent, spouse, domestic partner or child , medical certification from a health care provider will be required.

Failure to provide such certification may result in a delay or denial of the employee's leave. Where the University requires an employee to provide a medical certification, that certification must be provided within twenty 20 calendar days of the University's request. Do I have to provide any medical documentation when I return to work? When returning to work from a leave taken because of the employee's own serious health condition, the employee will be required to provide medical certification that the employee is fit to return to work.

Additionally, in certain instances an employee may be required to undergo a return to work physical. Is there any other medical documentation that the University may require? Employees should be aware that the University may, under certain circumstances, require recertification of a medical condition or may request a second opinion regarding the medical condition.

Additionally, the University may request an independent medical examination where there is a question regarding the documentation provided by the employee. This examination will be paid for by the University.

Does my department have to hold my job open while I am on FML? Generally, when employees return from a FML they will be reinstated to the same or equivalent position, with equivalent pay, benefits, and other terms and conditions of employment.

What happens if I do not return to work after my FML? An employee's failure to return to work may result in termination of employment.

As a result it is important that you keep your department informed if there is a need to extend your leave beyond the time allowed by the Family and Medical Leave Policy. In some cases, your department, although not required to, may grant an additional unpaid leave of absence.

What month period is used to determine how much FML I can take? Each time an employee takes FML the remaining leave entitlement equals the balance of the 12 weeks that has not been used during the immediately preceding 12 months. When both spouses or same sex domestic partners are employed by the University, they are each entitled to 12 weeks of FMLA leave for the birth and care of their newborn child, or for the care and placement with them of a child for adoption or foster care.

Does FML have to be taken in one continuous period, even if the leave is for a serious health condition? Depending on the needs of the employee and the recommendation of the health care provider, the leave may be taken on a continuous, intermittent or reduced schedule basis. What is a "reduced schedule" leave? Where medically necessary, in certain circumstances, an employee may be permitted to work a reduced work week to care for their own or their family member's serious health condition.

What is an "intermittent leave"? Intermittent leave is leave taken in separate blocks of time for a single qualifying event.

For example, employees that are receiving chemotherapy treatments may require intermittent leave to allow for their therapy over a period of time. Are there any restrictions on taking FML for the birth or adoption or foster care of a child? Generally FML for the birth or adoption or foster care of a child is to be taken as a continuous leave. Use of intermittent leave or leave on a reduced schedule will be allowed only with the University's prior written approval.

Where can I get additional information regarding the Family Medical Leave Policy or other leave policies at the University? In addition, a poster has been placed in the Division of Human Resources which includes further details regarding eligibility and other requirements of the law. EBS is a professional claims administrator that has been in business for over 20 years. EBS will be responsible for processing claims, issuing checks to plan participants, and answering participants' questions about their benefits.

The most frequently asked questions and their answers are summarized below. Will my account balance change as a result of the transfer of the servicing of these accounts? The balance in your account at the end of February, is the same starting balance that will be recorded by EBS. How often will EBS process benefit payments?

Benefit payments will be processed twice monthly-on the 10th and 25th of the month. Where will reimbursement checks be sent? Reimbursement checks will be sent to your home address. What if I need additional claim forms? Is there any change in covered items under the plans as a result of this change? Plan coverages are determined by the Internal Revenue Service and will therefore not be affected by this change. In order to help you with your financial planning for the year, we will be sending you a letter within the next three weeks showing your estimated MEA for If you have investments with the other plan providers, these figures are included in the calculations without identifying the other providers' names.

You will be receiving another set of calculations later in the year which will take any salary changes into account.

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Federal fml same sex domestic partner

Human Resources Frequently Asked Questions What is the Family and Medical Leave Act? Implementing regulations were issued in March of In addition, the FMLA permits employees to maintain their medical benefits while on such leave.

FMLA can be taken continuously or in smaller amounts, i. When did the University Policy take effect? The restatement of the policy includes the following practices that the University has been following in administering the policy: Inclusion of faculty and unionized staff members as eligible employees. Use of the "rolling backward" method for determining the month period for purposes of the eligibility for a Family and Medical Leave.

Expansion of the benefit beyond the requirements of the federal law to allow the use of Family and Medical Leave time for a same sex domestic partner consistent with the University's definition of a same sex domestic partnership.

Eligible employees are those who have been employed by the University for at least twelve 12 months and have worked for at least 1, hours during the month period immediately preceding the start of the leave.

Additionally, the employee must work at a University location with 50 or more employees within 75 miles of that worksite. Who is an employee covered by this policy? An employee is a faculty or staff member employed by the University on a full-time, part- time or temporary basis.

Are temporary employees eligible for this leave? However, employees that are employed by the University on a temporary basis must meet the eligibility requirements.

Are staff members in collective bargaining units covered by this policy? Yes, although specific provisions of this policy may be superseded by an applicable collective bargaining agreement. Will I be paid during FML? A leave under the Family and Medical Leave Policy may be paid or unpaid depending on 1 the reason for the leave and 2 the sick leave and paid time off the staff member has available.

When an employee takes FML because of the employee's own serious medical condition, the employee must substitute any unused paid time off, sick leave or short term disability leave for any otherwise unpaid FML. Where an employee has paid time off, the employee must substitute that paid time off for all or part of any otherwise unpaid FML relating to the birth of a child or placement of a child for adoption for foster care, or care for a spouse, child or parent who has a serious health condition.

In all other cases, accrued sick leave may be substituted for any otherwise unpaid FML leave if sick leave is permitted under the University's Sick Leave Policy. Do I have the option not to use my paid time off towards my FML? The University will designate an employee's use of paid leave as FML based on the information provided by the employee.

Paid leave that is substituted for unpaid leave will be counted toward the 12 weeks of FML. How is "serious health condition" defined? A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either: What is meant by "continuing treatment by a health care provider" as a qualification for use of FML? Examples of continuous treatment are: For which of my family members may I take FML? FML may be taken for the employee's child, spouse or same sex domestic partner or parent.

For purposes of this policy, a parent means the biological parent of an employee or an individual who stands or stood in the place of a parent to an employee when the employee was a child. A child means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in the place of a parent, who is under 18 years of age or 18 years of age or older and incapable of self-care because of a mental or physical disability.

A same sex domestic partnership must be consistent with the University's definition of a same sex domestic partnership. How are my benefits affected while I am on a FML? During any FML, the University will maintain the employee's medical, dental, life and disability insurance coverage on the same conditions that coverage would have been provided if the employee had been continuously employed during the entire leave period.

The University and the employee will each continue to pay their portion of the benefit costs. In some instances, the University may recover premiums it paid to maintain health coverage for an employee who fails to return to work from FML on a prorated basis.

Employees seeking FML are required to provide their supervisors and the University's Division of Human Resources at least 30 days prior written notice of the proposed leave. Where advance notice is not possible, such as in the event of a medical emergency, notice should be given as soon as practicable.

In practice "as practicable" means at least verbal notification within two business days after the employee becomes aware of the need for leave unless it is not feasible. Failure to give advance notice where foreseeable may delay or postpone the commencement of the leave. Please contact the Division of Human Resources or see our web site http: What kind of medical documentation will be required when I request a leave?

Similar to a request for short term disability, if FML is based on a serious health condition, whether it involves the employee or a family member parent, spouse, domestic partner or child , medical certification from a health care provider will be required.

Failure to provide such certification may result in a delay or denial of the employee's leave. Where the University requires an employee to provide a medical certification, that certification must be provided within twenty 20 calendar days of the University's request. Do I have to provide any medical documentation when I return to work? When returning to work from a leave taken because of the employee's own serious health condition, the employee will be required to provide medical certification that the employee is fit to return to work.

Additionally, in certain instances an employee may be required to undergo a return to work physical. Is there any other medical documentation that the University may require? Employees should be aware that the University may, under certain circumstances, require recertification of a medical condition or may request a second opinion regarding the medical condition.

Additionally, the University may request an independent medical examination where there is a question regarding the documentation provided by the employee.

This examination will be paid for by the University. Does my department have to hold my job open while I am on FML? Generally, when employees return from a FML they will be reinstated to the same or equivalent position, with equivalent pay, benefits, and other terms and conditions of employment.

What happens if I do not return to work after my FML? An employee's failure to return to work may result in termination of employment. As a result it is important that you keep your department informed if there is a need to extend your leave beyond the time allowed by the Family and Medical Leave Policy.

In some cases, your department, although not required to, may grant an additional unpaid leave of absence. What month period is used to determine how much FML I can take? Each time an employee takes FML the remaining leave entitlement equals the balance of the 12 weeks that has not been used during the immediately preceding 12 months. When both spouses or same sex domestic partners are employed by the University, they are each entitled to 12 weeks of FMLA leave for the birth and care of their newborn child, or for the care and placement with them of a child for adoption or foster care.

Does FML have to be taken in one continuous period, even if the leave is for a serious health condition? Depending on the needs of the employee and the recommendation of the health care provider, the leave may be taken on a continuous, intermittent or reduced schedule basis. What is a "reduced schedule" leave? Where medically necessary, in certain circumstances, an employee may be permitted to work a reduced work week to care for their own or their family member's serious health condition.

What is an "intermittent leave"? Intermittent leave is leave taken in separate blocks of time for a single qualifying event. For example, employees that are receiving chemotherapy treatments may require intermittent leave to allow for their therapy over a period of time. Are there any restrictions on taking FML for the birth or adoption or foster care of a child?

Generally FML for the birth or adoption or foster care of a child is to be taken as a continuous leave. Use of intermittent leave or leave on a reduced schedule will be allowed only with the University's prior written approval. Where can I get additional information regarding the Family Medical Leave Policy or other leave policies at the University? In addition, a poster has been placed in the Division of Human Resources which includes further details regarding eligibility and other requirements of the law.

EBS is a professional claims administrator that has been in business for over 20 years. EBS will be responsible for processing claims, issuing checks to plan participants, and answering participants' questions about their benefits. The most frequently asked questions and their answers are summarized below.

Will my account balance change as a result of the transfer of the servicing of these accounts? The balance in your account at the end of February, is the same starting balance that will be recorded by EBS. How often will EBS process benefit payments? Benefit payments will be processed twice monthly-on the 10th and 25th of the month. Where will reimbursement checks be sent? Reimbursement checks will be sent to your home address. What if I need additional claim forms?

Is there any change in covered items under the plans as a result of this change? Plan coverages are determined by the Internal Revenue Service and will therefore not be affected by this change.

In order to help you with your financial planning for the year, we will be sending you a letter within the next three weeks showing your estimated MEA for If you have investments with the other plan providers, these figures are included in the calculations without identifying the other providers' names. You will be receiving another set of calculations later in the year which will take any salary changes into account.

Federal fml same sex domestic partner

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5 Comments

  1. When returning to work from a leave taken because of the employee's own serious health condition, the employee will be required to provide medical certification that the employee is fit to return to work.

  2. But since these individuals are not included in the federal definition of "qualified beneficiary," there is nothing that guarantees these individuals the independent right to elect COBRA continuation for themselves.

  3. However, COBRA also requires continuation coverage to be the same coverage that a qualified beneficiary had on the day before the qualifying event and may not differ in any way from the coverage made available to similarly situated non-COBRA beneficiaries4. In addition, a poster has been placed in the Division of Human Resources which includes further details regarding eligibility and other requirements of the law.

  4. In addition, the FMLA permits employees to maintain their medical benefits while on such leave. Use of the "rolling backward" method for determining the month period for purposes of the eligibility for a Family and Medical Leave. As a result it is important that you keep your department informed if there is a need to extend your leave beyond the time allowed by the Family and Medical Leave Policy.

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