Procedure: Leave of Absence Information and Associate Responsibilities for FMLA
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible associates of covered employers with unpaid, job-protected leave for specified family and medical reasons. The FMLA also requires that covered employers maintain the health benefits for eligible associates just as if they were working. To be eligible for leave under the FMLA, you must be employed for at least 12 months and work at least 1,250 hours in the 12-month period prior to the date your leave begins. Eligible associates may take up to 12 weeks of leave in a rolling 12-month period for one or more of the following reasons: • A serious health condition or work-related injury/illness that makes you unable to perform the essential functions of your job. • The birth of a child(ren) and to bond with the newborn child(ren). • The placement with you of a child(ren) for adoption or foster care and to bond with the newly placed child(ren). • To care for an immediate family member (i.e., spouse, child, or parent) who has a serious health condition. • Any qualifying exigency arising out of the fact that your spouse, child, or parent is a military member on covered active duty or has been notified of an impending call or order to covered active duty. Eligible associates may take up to 26 weeks of leave during a single 12-month period under FMLA to care for a covered servicemember with a serious injury or illness when the associate is the spouse, child, parent, or next of kin of the servicemember. Leave entitlement under the FMLA is limited to a combined total of 26 weeks of leave for any qualifying reasons during the single 12-month period. Depending on the circumstances, you may be eligible for a continuous leave or a leave on an intermittent or reduced schedule basis under the FMLA. For additional information, please refer to the Family Medical Leave Act (FMLA) policy on AccessMAA, contact the Benefits department at 1-877-277-2327 or Request a Leave of Absence on AccessMAA.
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Paid Parental Leave
An additional benefit for associates who take time off due to the birth or adoption of a child. MAA recognizes the importance of the health and happiness of the family and encourages the immediate bonding of a father or mother with a newborn, adopted, or foster care child(ren). Along with that, MAA provides up to five (5) days off with pay to celebrate the addition of a child or children, if multiple (i.e., twins or adopting more than one child at the same time). To be eligible for Paid Parental Leave, you must be a regular full time or regular part time associate working at least 20 hours per week and have completed at least one (1) year of service. These days must be taken consecutively within the first 4 months of the birth of your child(ren) or placement of your adopted or foster care child(ren) and will be counted against your FMLA entitlement, if applicable. If a company-paid holiday falls during your Parental Leave, you will be paid for the holiday in addition to the (5) days under Parental leave. For additional information, please refer to the Parental Leave policy on AccessMAA, contact the Benefits Department at 1-877-277-2327, or Request a Leave of Absence on AccessMAA.
Additional Job Protection for Pregnant Associates and Adoptive Parents
Certain states have enacted legislation to protect the rights of workers with regard to (1) medical needs arising from pregnancy, childbirth and related conditions, and (2) adoption. As a result, associates may be entitled to additional unpaid leave for pregnancy, childbirth and adoption. For example, under Tennessee law, associates in Tennessee who have been employed on a full-time basis for at least twelve (12) consecutive months may take up to 4 months leave for adoption, pregnancy, childbirth and nursing an infant, but must give their e mployer at least 3 months’ notice of the intent to take the leave.
Disability Benefits
Full time associates, regularly scheduled to work 30 or more hours per week, are eligible for Short-Term Disability (STD) and Long-Term Disability (LTD) benefits beginning the first of the month following 90 calendar days of employment. These benefits offer income protection by paying a percentage of your eligible earnings if you become disabled, meaning that you are not able to perform the essential functions of your job due to an illness or injury (excluding on-the- job injuries, which are covered by workers’ compensation insurance). The claims for disability are administered by our third-party administrator, Unum.
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Short-Term Disability (STD)
• Elimination Period under STD – Calendar Days 1-7
During the first 7 calendar days of absence, which is referred to as the elimination period, up to 40 hours of available paid time off benefits, such as Paid Sick and Wellness Time, Paid Vacation, Personal Days or Paid Parental Leave days must be used. If you do not have paid time off benefits available, or your available paid time off benefits are used before the elimination period ends, the portion of the 7-day elimination period not covered by available paid time off benefits will be unpaid. Associates on leave are not permitted to borrow paid time off. Beginning on the 8th calendar day, if your disability claim is approved by Unum, you will be paid STD benefits, which are 60% of your weekly pre- disability earnings* up to a maximum of $2,000 per week. In addition, if you have available paid time off benefits after the 7-day elimination period, such as Paid Sick and Wellness Time, Paid Vacation, and/or Personal Days, these hours will be used to supplement the difference between your weekly STD benefits and your weekly base salary**. You may request to hold up to a maximum of 80 hours of Paid Vacation and 40 hours of Paid Sick and Wellness Time. This request must be approved by your manager, next-level manager (i.e. RVP or Corporate VP), & SVP (if applicable). • You may view your weekly STD benefit amount in Workday. From the Workday homepage, select View All Apps , then select Benefits . Next, scroll down and under the View menu, select Benefit Elections . Your weekly STD benefit amount is displayed under the column labeled Calculated Coverage . * Pre-disability earnings are defined as annual base salary as of last day worked plus eligible bonuses and commissions paid in the prior year. • STD Benefits – Calendar Days 8-180 • ** Exceptions can be made for associates taking an additional approved leave after STD benefits expire, such as during a leave for childbirth and the care of your newborn, adopted, or foster care child. Important Information Regarding Your Pay and Benefits When STD Reaches Maximum Duration
• If approved, your STD benefits will continue for up to a maximum of 25 weeks following the end of the 7-day elimination period. If your STD benefits reach the maximum duration, and you are unable to return to work at that time, Unum will review your eligibility for continued benefits under Long-Term Disability. (See below for information regarding Long-Term Disability benefits.)
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• If you are not expected to return to work within a short period of time after reaching the maximum duration under STD, MAA will move forward with ending your employment as of the maximum duration date under STD. • While receiving STD benefits, you are eligible to continue coverage under benefit plans, such as medical, dental, vision, and other voluntary benefits. However, once you reach the maximum duration date under STD, your coverage under all benefit plans will be cancelled and you will be offered continuation of health insurance under COBRA as well as the opportunity to port or convert your coverage under our group term life insurance plan through Unum. For additional information regarding STD benefits, please refer to the Summary Plan Description (SPD), or contact the Benefits department at 1-877-277-2327, or submit a Benefits Inquiry through AccessMAA.
Long-Term Disability (LTD)
LTD Benefits – Calendar Days 181 and Beyond
• If your physician indicates you need to be out of work longer than the maximum duration under STD (180 days), and Lincoln Financial Group approves your claim for LTD benefits, you will be paid at 60% of your pre-disability earnings* up to a maximum of $10,000 per month beginning on the 181st day of absence. Monthly LTD payments will be issued to you directly by Lincoln Financial Group. • You may view your monthly LTD benefit amount in Workday. From the Workday homepage, select View All Apps , then select Benefits . Next, scroll down and under the View menu, select Benefit Elections . The monthly LTD benefit amount is displayed under the column labeled Calculated Coverage . *Pre-disability earnings are defined as annual base salary as of last day worked plus eligible bonuses and commissions paid in the prior year. For additional information regarding LTD benefits, please refer to the Long Term Disability (LTD) plan, or contact the Benefits department at 1-877-277-2327, or submit a Benefits Inquiry through AccessMAA.
Associate Responsibilities for Continuous FMLA Leave
If you are hospitalized overnight and subsequently miss one day (or more) of work or you are absent from work for three (3) or more consecutive days for one of the following reasons, your responsibilities are outlined below. • Your own serious health condition or work-related injury or illness that makes you unable to perform the essential functions of your job. • The birth of a child and to bond with the newborn child. • The placement with you of a child for adoption or foster care and to bond with the newly placed child.
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• To care for an immediate family member (i.e., spouse, child, or parent) who has a serious health condition. • Any qualifying exigency arising out of the fact that your spouse, child, or parent is a military member on covered active duty or has been notified of an impending call or order to covered active duty. • To care for a covered servicemember with a serious injury or illness if you are the spouse, child, parent, or next of kin of the servicemember. 1. Notify your Manager of the dates you need to be absent from work at least 30 days in advance or, if unforeseeable under the circumstances, as soon as possible. 2. If you have not notified the Benefits department of your need for leave, you will need to Request a Leave of Absence on AccessMAA. 3. The Benefits department provides the associate with information on how to request a leave of absence under the FMLA and/or file a claim for benefits payable under STD, if applicable through the company's third-party administrator, Unum (visit https://portal.unum.com or call 866-868-6737). 4. Until the request for leave has been approved by Unum, the associate must follow normal call-in procedures and contact their supervisor prior to their scheduled shift to report their absence each day. If the associate fails to contact their supervisor prior to the start of his/her shift, he/she may be subject to disciplinary action up to and including termination. 5. When you are contacted by Unum, either by phone or by letter, you must act quickly on any instructions or requests made by Unum to ensure timely processing of your leave request and/or STD claim. It is your responsibility to ensure the required documentation is received by Unum on or before the due date or your leave request and/or claim for STD benefits may be delayed or denied. We recommend that you contact Unum prior to the due date to confirm your documentation was received. 6. Unum determines if the associate meets the eligibility requirements for FMLA leave and will notify the associate and the Benefits department of the determination. 7. If an associate's request for FMLA leave is approved, the Benefits department will place the associate on leave status in Workday. If your FMLA leave request is denied by Unum , your absence will be subject to MAA’s Attendance and Reporting to Work policy, which may result in disciplinary action, up to and including termination. 8. During your leave of absence, you must keep in contact with the Benefits department, Unum, and your Manager regarding any changes to the reason for your leave, your return to work date or any potential accommodations. 9. If you experience a qualifying life event (i.e. the birth of a child, marriage or divorce) while on leave, you have 30 days from the date of the qualifying life event to notify the Benefits department and make changes to your benefit elections in Workday. Documentation is required (i.e. verification of birth, marriage certificate, divorce decree, etc.). Benefit elections made following a qualifying life event will become
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effective on the date of the event. If you miss any pay periods that occur after your coverage begin date (event date), you will have to make up any premiums missed on the next pay period. 10.If your leave is due to your own serious health condition, you must provide a work release note from your treating physician before returning to work . You must also contact Unum, your Manager, and the Benefits Department to confirm the date you are returning to work. Failure to return to work at the end of your approved leave may be considered job abandonment and could result in termination of employment.
What Happens to Your Pay and Benefits During an Approved Leave of Absence
Associates who are on an approved leave of absence may not engage in any form of self- employment or perform work for any other employer during their leave, except when the leave is for military or public service or when the employment has been approved by MAA. You are required to use available paid time off benefits such as accrued Paid Sick and Wellness Time, Paid Vacation, and/or Personal Days, during your leave. You may request to hold a maximum of 80 hours of Paid Vacation and 40 hours of Paid Sick and Wellness Time. This request must be approved by your manager, next-level manager (i.e. RVP or Corporate VP) & SVP (if applicable). If your leave under FMLA is due to your own serious health condition (with the exception of work- related injuries covered under workers’ compensation), you may also be eligible to receive benefits under STD. (Refer to pages 2 and 3 for information regarding STD benefits.) Any available paid time off benefits, such as accrued Paid Sick and Wellness Time, Paid Vacation, and/or Personal Days, or benefits payable under STD will be processed and paid by MAA’s Payroll Department. You will receive bi -weekly payments as long as your disability claim is approved and/or you have available paid time off benefits. Company holidays will not be paid during an unpaid leave under FMLA or when you are receiving benefits under Workers’ Compensation or STD. If you are contributing to the 401(k) Plan, your 401(k) contributions will be deducted from earnings paid from accrued Paid Sick and Wellness Time, Paid Vacation, and/or Personal Days, however, earnings paid under STD, LTD and Workers’ Compensation are not eligible for 401(k) contributions. If you are enrolled in any other benefit plans for which premium deductions are made from your paychecks, these deductions will continue for up to six months during your leave if you’re receiving benefits under STD, Workers’ Compensation and/or using available paid time off benefits, accrued Paid Sick and Wellness Time, Paid Vacation, and/or Personal Days If you take an unpaid leave, or no longer receive a paycheck, you are responsible for paying any benefit plan premiums that are missed while on leave by sending a check to the Benefits Department. Failure to pay benefit plan premiums may
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result in coverage being terminated and/or missed premiums being deducted from your paycheck retroactively when you return from leave. Associate Responsibilities for FMLA Leave on an Intermittent or Reduced Schedule Basis If you need to work an intermittent or reduced schedule for one of the following reasons, your responsibilities are outlined below. • Your own serious health condition or work-related injury or illness • To care for an immediate family member with a serious health condition • For bonding after birth, adoption, or foster care placement of a child • For a qualified military exigency • To care for a covered service member 1. Notify your Manager of the need to work an intermittent or reduced schedule as far in advance as possible under the circumstances. If your reason for intermittent leave is to attend appointments for your own or a family member’s serious health condition, please work with your Manager to schedule appointments around work hours as much as possible to minimize hardship to the business 2. If you have not already notified the Benefits department of your need for intermittent FMLA leave, you will first need to submit a Leave of Absence Request on AccessMAA. Review the information, then complete and submit the form at the bottom. 3. Contact Unum at https://portal.unum.com or call 866-868-6737 to request an intermittent leave of absence under FMLA. 4. Regardless of whether your intermittent leave under FMLA has been approved by Unum , you must follow your Manager’s normal call -in procedures to report your absence each day and inform your Manager as to whether or not the absence is related to your reason for requesting intermittent FMLA. 5. When you are contacted by Unum, either by phone or by letter, you must act quickly on any instruction or requests made by Unum to ensure timely processing of your leave request. It is your responsibility to ensure the required documentation is received by Lincoln Financial Group on or before the due date or your leave request may be delayed or denied. We recommend that you contact Unum prior to the due date to confirm your documentation was received. If your intermittent leave request under FMLA is denied by Unum, your absence will be subject to MAA’s Attendance and Reporting to Work policy, which may result in disciplinary action and/or termination. 6. You must complete the FMLA Intermittent Leave Time Tracking Report (provided by Unum) for the hours you are absent from work due to the reason that is approved by Unum under intermittent FMLA. In addition, you must have your manager sign the report and send the report to Unum at the fax number or email address provided on the form. Absences must be reported to Lincoln Financial
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Group within 3 days following the end of the pay period being reported. If you have an absence that does not qualify under FMLA due to late reporting, this absence may be counted under MAA’s Attendance and Reporting to Work policy. 7. For the hours taken under intermittent FMLA, you must also enter a request for intermittent FMLA and accrued Paid Sick and Wellness Time, Paid Vacation, and/or Personal Days for each day through the Time Off application in Workday. (Note: You can hold up to a maximum of 40 Paid Sick and Wellness Time hours and 80 Paid Vacation hours to use later in the year with your Manager’s approval. All other Paid Sick and Wellness Time and Paid Vacation hours must be used during leave under intermittent FMLA.) 8. If you are absent for more than the amount of time and frequency approved by Unum for intermittent leave under FMLA, the absence may not be approved. In addition, you may be required to recertify the duration/frequency of the intermittent leave under FMLA with Unum. Any unapproved absence will be handled according to MAA’s Attendance and Reporting to Work policy.
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