Understanding Extended Leaves as a Manager

Dear HR,

I’m a new manager and am trying to understand different types of extended absences, especially how Short-Term Disability, New Parent Leave, and Family Medical Leave apply. Can you explain some of the nuances so I can best support my employees?

Understanding extended leaves can seem overwhelming at first, but the employee relations team at INSPD is here to offer support as you learn more about these policies and programs that support employees statewide. Below are some hypothetical scenarios that can help you understand how some of these policies and programs are applied or overlap with each other. Please note, every employee’s situation is unique, and the following examples are not intended as legal advice.

If an employee has detailed questions related to extended leaves, they can contact an employee relations specialist at 1-855-SPD-INHR (1-855-773-4647) Option 4. You can also refer to the State of Indiana’s leave policies here for more information or attend the “Understanding Extended Leaves of Absence” workshop. Visit the IMC workshop page to register for upcoming dates.

Scenario 1

Morgan has been working for the State for eight months and lets you know she’s pregnant and due in five months. She’s wondering which forms of leave she’s eligible for and how they’ll work alongside the vacation, personal, and sick days she’s accrued.

• A great resource for Morgan is the Expectant Parent Packet which she can review for key pieces of information regarding her upcoming leave.
• Morgan should wait to submit her request for Family-Medical Leave (FML) until she’s reached a full year of employment (otherwise, the request will be automatically denied).
• If Morgan is reporting her work hours and leave time in the UKG Timekeeping system, she will use the Time Off Request function, choose the correct FML pay code and enter her FML Request ID# in the Comment.

Scenario 2

Anuj, your employee of ten years, lets you know that he will be undergoing chemotherapy appointments. He may also need surgery depending on the success of the treatment and has nearly two months of sick days that he’s accrued over his career. He wants to know his best option for taking the necessary time off for these medical treatments.

• Anuj will need to apply for FML. His absences may be intermittent as he starts his chemotherapy appointments, and he can use his sick leave concurrently so that he’s paid during those absences.
• Anuj should apply for the State’s Short- and Long-Term Disability (S/LTD) program if there’s a chance he’ll be absent for more than 30 consecutive calendar days. This ensures he will receive at least part of his salary as he continues his medical care on a leave of absence. You can find the Online Application Forms here: www.jwfspecialty.com/applications-forms. The first 30 consecutive days of a qualifying absence is called the elimination or waiting period and benefit payments start on the 31^st day ifthe employee’s application was submitted before that date. If an employee submits their application at a later date, their benefits will also be delayed and are not retroactive—so encourage them to get everything submitted as soon as possible.

Scenario 3

Sam just started with the State of Indiana two months ago but found out their spouse has a serious health condition that will require Sam to have time off work to provide care. As a new employee, Sam is not sure what types of leave they’ll be eligible for and what to do if they’re not eligible for extended leave yet.

• With only two months of employment, Sam unfortunately won’t be eligible for any extended leaves.
• However, if the expected duration is for continuous care for a few weeks with a definite end date, Sam can submit a request for authorized leave without pay. The request will go through the agency’s chain of command and if everyone in the chain, including the appointing authority or designee, approves the request, the agency will then submit a request to INSPD for approval of any leave anticipated to last more than 30 calendar days. The agency will need to explain why this leave is in the best interest of state service and as your employee’s manager you can help provide details for this explanation.

Other frequently asked questions:

What is an elimination period and why aren’t employees paid during that time?

• An elimination period is a waiting period established in the plan document. Until an employee is incapacitated for more than 30 consecutive calendar days, disability benefits are not due.
• Employees who have available sick, vacation, or personal leaves or earned compensatory time off can use those balances to be paid during the elimination period. Eligible employees can also use New Parent Leave (NPL) for payment during the elimination period. For eligible employees, FML is charged concurrently during the elimination and benefit periods.

How is intermittent FML different from continuous FML?

• Continuous FML means the entire leave has a single start date with a single end date covering all working hours in between.
• Intermittent FML means the need for leave arises periodically, often unexpectedly, and can be taken in increments as small as 15 minutes (quarter-hour) or for separate periods lasting days or weeks during the fiscal year while the employee works between absences.
• FML on a reduced work schedule means an employee has a set schedule for work hours and FML hours. Schedules may be set weekly or for a longer period based on the circumstances of the specific employee’s duties and the need for leave.

How will benefits be impacted when on FML or disability?

• Health care coverage continues during S/LTD and FML. If an absence for a full pay period is unpaid and no paycheck is issued, the employee’s portion of premiums will be deducted from the employee’s paycheck(s) when they return to work.
• Leave accruals stop during S/LTD benefit periods.
• Leave accruals stop during any unpaid leave of 30 calendar days or more, whether covered by FML or not.

Why are employees required to utilize sick time for FML before they can go without pay?

• Sick leave is required when the FML reason is the serious health condition of the employee or the employee’s spouse, child, or parent. Because our agencies offer an incredible range of services to citizens across Indiana, it's important that they can successfully manage their workloads when their team members need to take leave. FML covers 25% of the year but if employees used leave back-to-back rather than concurrently, it could become difficult for teams to balance their workloads.

How should I address an employee who is using over their approved time on intermittent leave?

• Approvals are estimates of the time off employees will need for FML, but health care providers can’t guarantee the exact frequency or duration of medical episodes, need for appointments, etc. The documentation contains the health care provider’s best estimate based on knowledge of the condition and patient. Therefore, if you don’t have evidence your employee is using an FML absence for activities unrelated to the FML reason, then you don’t need to take any action.
• However, if you do have evidence of misuse (e.g., employee was seen attending a sporting event during an FML absence or employee called in for an FML absence after a vacation request was denied), then you should notify your HR representative and work together to research the facts and take appropriate disciplinary action if necessary.