This amendment changes the scope to exclude employees covered by Management Directive 530.30, Sick, Parental and Family Care Absence Policy, and removes references to processes in IPPS.
Changes are indicated with marginal dots in the PDF attachment.
1. PURPOSE.
To establish policy and clarify the application of sick leave without pay, parental leave without pay, and family care leave without pay.
2. SCOPE. Applies to represented employees in agencies under the Governor’s jurisdiction whose unions have not adopted the absence provisions outlined in Management Directive 530.30, Sick, Parental and Family Care Absence Policy.
3. POLICY.
a. The provisions of this directive shall be consistent with The Family and Medical Leave Act of 1993 (FMLA) (29 U.S.C. §2601, et seq.) except when more generous benefits are granted by collective bargaining agreements and the Personnel Rules.
b. Specific policies regarding these leaves are contained in applicable collective bargaining agreements and memoranda of understanding; Management Directive 505.7, Personnel Rules; and Manual M530.7, Leave and Holiday Programs. Policies and procedures for benefits entitlement while on these leaves are contained in applicable collective bargaining agreements and memoranda of understanding; Management Directives 505.7 and 530.4, State Paid Benefits While on Sick, Parental, or Family Care Leave Without Pay; and M530.3, Group Life Insurance Program Administrative Manual.
c. Sick Leave Without Pay. Upon written request and proof of disability or illness, permanent employees shall be granted sick leave without pay for periods of at least two consecutive weeks, or for less than two consecutive weeks if the illness or disability is due to a serious health condition as defined in the FMLA. Medical certification shall include a prognosis and expected date of return. Requests for use of sick leave without pay shall be made in advance if circumstances permit. (Note: Some unions require employees to have at least six months of service to be eligible to use this leave.)
(1) The initial sick leave without pay entitlement shall not exceed six months (982.5 hours for employees who normally work a 37.5 hour week or 1,048 hours for employees who normally work a 40 hour week). The hours of entitlement shall be prorated for part-time employees.
(2)
Employees are entitled, but not required, to use accrued sick leave before, during, after, or instead of sick leave without pay, provided the leave would qualify as sick leave without pay.
(3) Upon written request, an extension of up to an additional six months of leave shall be granted if the employee can provide proof of continuing disability or illness.
(4) Employees shall not again be eligible for the full sick leave without pay entitlement until six months in an active pay status have elapsed from the last day of sick leave without pay under the initial entitlement, as described in paragraph 3.c.(1).
d. Parental Leave Without Pay. Upon written request, parental leave without pay shall be granted to permanent employees who become parents through childbirth, adoption, or foster care placement. Requests for use of parental leave without pay shall be made at least two weeks in advance if circumstances permit and must state the anticipated duration of leave.
(1) The parental leave entitlement shall not exceed six months (982.5 hours for employees who normally work a 37.5 hour week or 1,048 hours for employees who normally work a 40 hour week). The hours of entitlement shall be prorated for part-time employees.
(2) The leave begins upon the employee’s request; however, it may not be used prior to the date of birth, custody, or placement, except when required for adoption or foster care placement to proceed. Sick leave without pay is available prior to birth, if necessary.
(3) Employees are entitled, but not required, to use accrued sick leave for the period that they are unable to work due to childbirth or other reasons as certified by a physician. Leave may not be anticipated. Employees are required to forward the physician certification to the Human Resource Office as soon as possible; it must state the period of disability. Sick leave is not intended to provide employees with time for child rearing.
(4) Parental leave may be extended at the discretion of the agency head for an additional period not to exceed six months. However, no unpaid parental leave shall be granted beyond one year from the date of birth of a natural child, of assuming custody of an adoptive child, or of placement of a foster child.
e. Family Care Leave Without Pay. Upon written request and proof of family member’s disability or illness, permanent employees with at least one year of service (total employment, even if the employment was not continuous) shall be granted family care leave without pay. The leave may be taken one day at a time if medically necessary or for less than one day if the illness or disability is due to a serious health condition as defined in The Family and Medical Leave Act of 1993.
(1) The family care leave without pay entitlement shall not exceed 12 weeks (450 hours for employees who normally work a 37.5 hour week and 480 hours for employees who normally work a 40 hour week) every leave calendar year. The hours of entitlement shall be prorated for part-time employees.
(2) The family care leave without pay entitlement cannot be extended.
(3) The documentation necessary for approving family care leave shall include written notification stating the family member’s name and relationship to the employee and medical documentation stating at least that the individual needs care from the employee or needs to have care arranged by the employee. The medical documentation must also include the date that the illness or disability began and its anticipated duration.
(4) Family members, for the purpose of family care leave, are defined as spouse, parent, child, or other person qualifying as a dependent under IRS eligibility criteria. A parent can be a biological parent or an individual who stood as a parent (in loco parentis) to the employee when the employee was a child. A child can be a biological child, adopted child, foster child, stepchild, legal ward, or a child in the care of a person who is standing as a parent (in loco parentis); a child must be under age 18 or 18 years or older and incapable of self-care because of mental or physical disability. Note: The definition of family member for employees represented by some union agreements also includes the employee’s domestic partner and the biological or adopted child of the domestic partner.
f. General.
(1) All sick, parental, and family care leave without pay used shall be designated as leave under the provisions of the FMLA.
(2) Benefits entitlements can be different than the leave entitlement and can expire and renew at different times.
(3) Employees are entitled, but not required, to use accrued annual, personal, and when applicable, sick leave before, during, after, or instead of any of these leaves without pay provided the leave would qualify as sick, parental, or family care leave without pay. The use of paid leave shall not be included when calculating the leave entitlement. Employees may not anticipate paid leaves in conjunction with parental leave without pay.
(4) Regardless of other provisions in this directive, compliance with the FMLA must be ensured. Therefore, employees who have been employed at least 12 months (total employment, even if the employment was not continuous) and have worked at least 1,250 hours (includes regular and overtime hours, but excludes holidays and other paid time off) during the previous 12 month period are entitled up to 12 weeks of leave (with or without pay) with benefits in a rolling 12 month period.
Note: The only time that this provision will be applicable is when employees meet the above conditions and the leave without pay with benefits entitlement has expired. Employees who meet these conditions shall be granted up to 12 weeks (minus any FMLA qualifying leave used within the last 12 months) of leave without pay with benefits.
(5) Beginning at any time, but subject to the following conditions, employees may work on an intermittent or reduced-time basis, provided that the leave entitlement has not expired or been depleted.
(a) For sick leave without pay and family care leave without pay, agency heads must approve intermittent or reduced-time leave when requested, medically necessary and due to a serious health condition as defined in the FMLA. Employees should attempt to schedule intermittent or reduced-time leave at times when it is least disruptive to normal operations. For sick leave without pay, intermittent or reduced-time leave shall not be granted after the initial (first six months) leave entitlement expires; however, employees may be changed to a part-time status at agency discretion.
(b) For parental leave without pay, the use of intermittent or reduced-time leave shall be at the discretion of the agency head. If approved, the parental leave entitlement shall expire one year from the date of birth, adoption, or foster care placement, regardless of whether or not the full leave entitlement has been used. Intermittent or reduced-time leave shall not be granted after the initial (first six months) leave entitlement expires; however, employees may be changed to a part-time status at agency discretion.
(c) Employees who work on an intermittent or reduced-time basis before their benefits entitlement expires will continue to earn personal leave as they did before beginning leave, in accordance with the personal leave policies.
(d) Employees who work on an intermittent or reduced-time basis after their benefits entitlement expires (and, therefore, must be coded as part-time employees) will earn prorated personal leave as part-time employees, in accordance with the personal leave policies.
(6) Leave time shall be requested, used, and recorded to the nearest quarter hour.
(7) Hours of leave without pay used shall count on an hour for hour basis against the entitlement. All time in a leave without pay status, including unpaid holidays and intermittent or reduced-time leave, must be recorded as such.
(8) Title 29, Section 825.300 of The Code of Federal Regulations requires the posting of a notice explaining the provisions of the federal FMLA. The notice is attached as Enclosure 1. Agencies must distribute copies to all work locations for conspicuous posting. Agencies may duplicate the notice or obtain copies from local offices of the U.S. Department of Labor’s Wage and Hour Division.
(9) Title 29, Section 825.301(a) of The Code of Federal Regulations requires that any written guidance to employees concerning employee benefits or leave rights, such as employee handbooks, contain information concerning FMLA entitlements and employee obligations under FMLA. Accordingly, agencies which provide employee handbooks or other written guidance to employees must include information on the leave without pay policies of this directive.
(10) As required by Title 29, Sections 825.301(b) and (c) of The Code of Federal Regulations, the notices labeled as Enclosures 2, 3, and 4, must be given to any employee who inquires about sick, parental, or family care leave without pay and must also be attached to the letters, labeled as Enclosures 5, 6, 7, and 8, when a leave without pay is approved.
(11) Title 29, Section 825.500 requires that certain FMLA records be maintained. Records must be maintained for three years. Agencies are responsible for maintaining the following records:
(a) Copies of employee requests for use of a FMLA related leave. This could include letters/forms completed by employees requesting FMLA.
(b) Pertinent medical documentation. This information should not be filed in the Official Personnel Folder; it should be kept in a confidential medical file.
(c) Records showing leave usage. These records are available in SAP.
(d) Records of any disputes regarding a FMLA related request that was denied. In the event that a dispute occurs, provide information about the dispute to the Bureau of Employee Benefits and Services, Office of Administration.
(12) Title 29, Section 825.500 also allows for reviews/audits by the Department of Labor at any time. If such a review/audit is requested by the Department of Labor at an agency or field location, notification of such review/audit must be made to the Bureau of Employee Benefits and Services, Office of Administration, so that it can be coordinated centrally.
4. PROCEDURES.
a. System-Related Codes to Effect Sick, Parental, and Family Care Leaves Without Pay.
(1) Absence Codes. Used to record absences.
SO - Sick leave without pay with benefits
PO - Parental leave without pay with benefits
FL - Family care leave without pay with benefits
AO - Regular leave without pay with benefits (Use for intermittent or reduced-time leave after benefits entitlement has expired, but only up to 60 calendar days. If longer than 60 days, change the employee to part-time status.)
(2) PA-40 Actions. For long-term leaves without pay, those leaves that are expected to be for periods of more than one full pay period of full-time leave, refer to the Business Process Procedures Begin & Return LWOP w/Benefits, PA40 and Begin & Return LWOP without Benefits, PA40, available online at http://www.ies.state.pa.us/hr/cwp/view.asp?a=537&q=168297.
b. Agencies are to:
(1) Post, in all work locations, Your Rights Under the Family and Medical leave Act of 1993. (See Enclosure 1.)
(2) Upon inquiry about one of the three leaves covered under FMLA, provide the appropriate notice. (See Enclosure 2, 3, or 4.)
(3) Upon notice from an employee, timekeeper, or supervisor that an employee is or will be beginning sick, parental, or family care leave without pay, determine if documentation has been provided to determine if the leave should be approved or denied.
(4) If an employee is absent from work due to a reason covered by FMLA and medical documentation has not yet been provided, send the letter labeled Enclosure 8.
(5) Approve or disapprove leave.
(6) Determine if leave is to be with or without benefits.
(7) Monitor leave without pay quotas and benefits entitlements for employees on leave of absence and change to without benefits status as appropriate.
(8) For employees that work on an intermittent or reduced-time leave status, after a long-term leave without pay, enter a PA-40 action to return employees from leave.
(a) As long as the benefits entitlement has not yet been depleted, enter absences as SO, PO, or FL. Do not change the employee to part-time status.
(b) If the benefits entitlement has been depleted, and at agency discretion the employee is permitted to return to work on a part-time basis, enter regular leave without pay (AO) for absences as long as the part-time basis is not expected to continue beyond 60 calendar days. If greater than 60 calendar days, change the employee to part-time. In order for benefits to continue, an employee must work at least 50 percent of time. (See Management Directive 530.4.)
(9) Provided the employee was not on an intermittent or reduced-time leave status, upon notification of a full return to work or at the end of the leave entitlement period, input the PA-40 action to return the employee. No PA-40 action needs to be input for employees who were on an intermittent or reduced-time leave prior to the expiration of the leave entitlement.
c. Supervisors are to:
(1) Ensure that the Information Sheet about the FMLA is posted in the work location. (See Enclosure 1.)
(2) Notify the Human Resource Office of any sick, parental, or family care leave without pay used or expected to be used. Note: A supervisor cannot approve the use of sick, parental, or family care leave without pay without authority from the Human Resource Office.
Enclosures:
1 Your Rights Under The Family and Medical Leave Act of 1993
2 Notice to Employees Sick Leave Without Pay
3 Notice to Employees Parental Leave Without Pay
4 Notice to Employees Family Care Leave Without Pay
5 Letter to Employees Approving Sick Leave Without Pay
6 Letter to Employees Approving Parental Leave Without Pay
7 Letter to Employees Approving Family Care Leave Without Pay
8 Letter to Employees Requesting Medical Documentation
9 Notes and Guidelines from The FMLA Regulations
This directive replaces, in its entirety, Management Directive 530.2 dated January 13, 1997.
