Montana Operations Manual Volume III Basic State Leave Policy Training for Pay Contacts

1. Montana Operations Manual Volume III Basic State Leave Policy Training for Pay Contacts

2. Today�s DOA Training Resources Constance Enzweiler at 444-3794 or cenzweiler@mt.gov Johnny Bunker at 444-5219 or jobunker@mt.gov Denise Sullivan at 444-3035 or desullivan@mt.gov

3. MOM III Policies Available State Personnel�s Web Site: http://hr.mt.gov/HRServices/policies.asp

4. Training Agenda 1:00 Welcome, Opening Remarks Leave of Absence Without Pay* Military Leave* (Repeal) Disaster and Emergency Leave Jury Duty and Witness Leave Annual Leave Holidays Sick Leave* Sick Leave Fund* Parental Leave* Disability and Maternity Leave FMLA*

5. Not Covered Overtime and nonexempt compensatory time Exempt compensatory time September 14 Training may be offered on hours worked, overtime and compensatory time

6. Policy Overview Most adopted under Montana Administrative Procedures Act (MAPA) since 1977 Published in Administrative Rules of Montana (ARM) and the Montana Operations Manual, Volume 3

7. Policy Overview Policies are a collection of rules Sick Leave Policy � 3-0310

8. Rules generally deal with one main idea Definitions Policy and Objectives

9. Policy Overview In 2004 DOA developed MOM Adoption Procedures for policies that only apply to state government Other policies still adopted into ARM

10. MOM Policy Adoption Procedures Notice Rule Organization Rule Adoption or Repeal

11. Policy Overview Policy Development Procedure Policy Committee Focus Groups or Task Forces Personnel Policy Network Human Resources Advisory Group (HRAG) Solicit Agency and Other Review Public Hearings Publication in MAR or MOM Adoption

12. Policy Overview Administrative Rules � the rules are numbered and there is no Policy Number Courier Font 2.21.1103 2.21.1104 2.21.1105

13. Policy Overview In MOM, Assigned Policy Number (3-0325) Contains both ARM and MOM rules Since 2004, use Arial Font Numbering of MOM rules simple: 1103 1104 1105

14. Policy Overview Sample of Two Types of Rules 2.21.209 ABSENCE BECAUSE OF ILLNESS (REPEALED) (History: Sec. 2-18-102 and 2-18-604, MCA; IMP, Sec. 2-18-615, MCA; NEW, 1977 MAR p. 1144, Eff. 12/24/77; REP, 1980 MAR p. 2899, Eff. 11/15/80.) �136 RATE OF SALARY COMPENSATION (1) An employee using authorized sick leave is entitled to the employee�s regular rate of pay.

15. Policy Overview Policy Publication and Dissemination MOM Policies Interpretive Guides Model Policies Issue Papers Supervisory Training and Materials

17. Leave Without Pay Agency has discretion to grant permission in most situations � shall establish procedures for requests LWOP is not a break in service for purposes of annual leave, sick leave, or longevity. Can sometimes require that an employee use all annual leave before granting

18. Leave Without Pay Employees must be permitted to take leave for: serving in elected office, approval of up to 180 days per year is required active duty or another extended military service qualifying conditions under the Family and Medical Leave Act

19. Leave Without Pay LWOP may also be required if it is a reasonable accommodation for an employee with a disability

20. Leave Without Pay Sick and annual leave do not accrue while an employee is on leave without pay Employees on full time leave without pay are not eligible for holiday benefits

22. Military Leave (Repeal in Process) Permanent, seasonal and temporary employees may accrue 15 working days of paid military leave each year to perform any military service organized by the State or the military forces of the United States Leave accrued may be carried over into the next year but at no time can the total accrual exceed 30 days

23. Military Leave Must work 6 months before eligible for paid military leave Not mandatory to use other accrued leaves Employees must submit a copy of the orders to report for duty with the military leave request Whenever possible employees should request military leave in advance to allow the supervisor to reassign work

24. Military Leave Supervisors can contact the Montana Committee for Employer Support for the Guard and Reserve (ESGR) for tips on how to improve communication between the employee�s commanding officer and the agency ESGR provides services to employers as well as service members

25. Montana ESGR Kalispell � 752-1114 Glasgow � 228-9336 or 228-8116 Billings � 248-3000 or 373-6139 Great Falls � 453-7671 Helena � Program Manager � Tina Whitaker at 324-3128 or 1-866-615-4435

26. Military Leave State Personnel Division is preparing a guide and training on military leave that will be available in December 2005 Montana Department of Labor and Industry has rule making authority for military leave

28. Disaster and Emergency Leave Allows for closure of work sites due to disaster or emergency Paid leave provided only when the Governor or Governor�s designee declares a disaster or closes a work site Affected employee is a key term. Term does not include members of the National Guard called into active state or federal service. During a disaster, those persons are employed by Military Affairs

29. Disaster and Emergency Leave Department director determines who are affected employees Employees who agree to return to work to perform essential services during a declared disaster are eligible for additional hour-for-hour compensatory time

30. Disaster and Emergency Leave Certified Red Cross disaster volunteers may received up to 15 days or 120 hours of paid time off Subject to agency and supervisor�s approval No overtime, regardless of number of hours the employee works on the disaster

31. Disaster and Emergency Leave Allows employees to take accrued annual vacation leave, compensatory time, or leave of absence without pay to deal with personal emergencies or to provide volunteer service during a disaster or emergency which does not personally affect the employee

33. Jury Duty�and Witness LeaveMOM Policy 3-0322 State employees are eligible to serve as a witness or to serve on jury duty when properly subpoenaed or summoned Jury Duty Leave � to serve as a juror in a court or judicial proceeding Witness Leave � to serve as a witness in a court, judicial proceeding, or administrative proceeding

34. Jury Duty�and Witness Leave Employees receive their normal gross salary or wage if all fees or allowances turned in to the agency Employees may retain expense or mileage allowances Employees may keep the fees if they charge time off to comp time, annual leave or another paid leave accrual Employees continue to earn and accrue all benefits while gone Must return to work if dismissed early

35. Jury Duty�and Witness Leave Employees must complete a request form with the date and anticipated length of absence asap after receiving the summons or subpoena Must turn in a copy of summons or subpoena with the form Agencies document leave Agencies may request the court to excuse their employees if needed for the operation of the agency

36. Jury Duty�and Witness Leave When state employees are called to testify and the state or one of its agencies is not involved, the person requesting issuance of subpoena shall, if requested by employing agency, reimburse the agency for the compensation, including regular pay and benefits (26-2-515, MCA)

38. Annual Vacation Leave Vacation leave means "a leave of absence with pay for the purpose of rest, relaxation, or personal business at the request of the employee and with the concurrence of the employer"

39. Annual Vacation Leave Policy Use must be approved Agencies shall adopt procedures for requests Eligibility to use requires continuous employment for 6 calendar months Does not accrue when an employee is in a leave without pay status Leave cannot be advanced or taken retroactively

40. Annual Leave Policy Accrual rate defined in 2.21.222 ARM Determined by years of employment To calculate years of employment, employee is credited with 80 hours of service regardless of actual hours in pay period. Key is being in a pay status. Some military service time also counts State tracks as �leave accelerator� hours

41. Annual Leave Policy Maximum accrual is two times the amount the employee is eligible to earn per year. Excess leave not used within 90 days of the next calendar year in which excess credits were earned is subject to forfeiture Agency management has a duty to ensure employees use annual leave rather than lose it

42. Annual Leave PolicyRecommended Practices Ask all new employees about previous public service. Be careful not to duplicate previous service credit Employee has a duty to advise you about previous credit. If they fail to do so, there is no retroactive credit

43. Annual Leave Policy Recommended Practices Sources that can help confirm prior service: retirement system records social security records previous supervisors microfilm records

44. Annual Leave - Other Considerations 2-18-615, MCA, prohibits a public employer from requiring an employee to use their annual leave when absent due to illness Annual leave may be used to supplement an employee�s income while the employee is receiving workers� compensation

46. Holidays MOM Policy 3-0325 State of Montana provides holiday benefits for legal state holidays (10 on odd years, 11 on even years --general elections but not primary elections) Short-term workers and interns do not receive holiday benefits Holiday benefits means up to 8 hours off at the regular rate of pay or pay � 8 hours at the regular rate and premium pay for hours worked Receiving pay means the nonexempt employee will be paid at 2 � times the regular rate for hours worked on a holiday Exempt employees receive a scheduled paid day off

47. Holidays Employees receive holiday benefits and pay for work performed on the day the holiday is observed, unless the employee is scheduled or required to work on the actual holiday � only one day of benefits given Holiday benefits do not exceed 8 hours per holiday

48. Holidays Employees must be in a pay status either the last regularly scheduled working day before or after the holiday to receive the benefit Calculate the benefit based on the regular schedule Part-time employees receive pro-rated benefits

50. Sick LeaveMOM Policy 3-0310 Eligible state employees receive sick leave benefits � approval for leave is not guaranteed Agencies shall establish procedures for sick leave requests Qualifying period to use sick leave is 90 days Full-time employees accrue 12 days each year

51. Conditions for Use of Sick LeaveWhen an employee is unable to work due to: Physical or mental illness, injury or disability Maternity-related disability Parental leave Quarantine Examination or treatment by licensed medical care provider Short-term attendance of immediate family member, or at agency�s discretion, another relative* Necessary care of spouse, child or parent due to serious health condition* Death or funeral attendance for immediate family member or other person

52. Sick Leave Employees taking FMLA leave for purposes that qualify for use of sick leave will be required to take at least 20 hours of accrued sick leave before leave without pay will be approved* If workers� comp accident or illness, check with HR

53. Sick Leave Immediate family means the employee�s spouse and any member of the employee�s household or parent, child, grandparent, grandchild or corresponding in-law Conflicts with definition of immediate family members in FMLAConflicts with definition of immediate family members in FMLA

54. Sick Leave Medical certification may be required at employee expense Agencies may pay to have an employee examined for a job-related reason

55. Sick Leave Sick leave credits are added to an employee�s account at the end of each biweekly pay period An employee may not use these sick leave credits until the beginning of the next biweekly pay period An employee who works in more than one position typically uses sick leave to cover time off from the position in which the sick leave was accrued. At an agency�s discretion, an employee may use sick leave from another position to cover necessary time off

56. Sick Leave Employees terminating employment are paid cash for one-fourth the cash value of the leave accrued after 1971 Employees transferring to another state agency take their sick leave with them if there is no break in service Sick Leave abuse is cause for dismissal and forfeiture of lump-sum payment

57. Sick Leave Work-related accident, injury or illness Sick leave can be used and counted toward 32 hour/4 day waiting period Employees with a CBA allowing augmentation of temporary total disability benefits with sick leave may take it

58. Sick Leave Employees taking annual leave or another type of paid leave may request to substitute sick leave within 5 business days of reporting back to work

60. Sick Leave FundMOM Policy 3-0311 Allows the sharing of accrued sick leave between employees and the pooling of accrued sick leave with permission of management Includes all legally constituted departments, board, or commissions of state government No sick leave accrued prior to 1971 may be contributed No employee eligible for workers� compensation wage loss benefits may receive grants

61. Sick Leave Fund Sick leave fund or direct grant requests Must fill out a voucher Must meet eligibility requirements (includes suffering an extensive illness or accident or provide necessary care to immediate family member as defined by FMLA) No guarantees - agency head or designee approves receipt of sick leave Supervisor approves leave of absence; may require medical certification Eligibility requires 10 consecutive days from work and 20 hours of leave without pay Must exhaust all personal accrued paid leave first before eligible After establishing eligibility must only exhaust all paid sick leave and compensatory time; can accrue annual and banked holidays* May receive up to 240 hours in a 12-month period*

62. Sick Leave Fund Fund Membership Requirements Full or part-time seasonal and permanent employees Eligible to use sick leave Contribute 8 hours to Fund Have a balance of 40 hours of sick leave after granting to Fund May contribute no more than 60 hours* in a 12-month period to direct grants unless terminating employment (no limit) Voluntary and irrevocable Ends with terminations or resignations Eligible to receive grants after 90 days (see policy)

63. Sick Leave Fund Direct Grants Direct grants of sick leave from other employees Fill out a voucher to donate Temporary employees also eligible Employees may donate up to 60 hours* each year while maintaining a balance of 40 hours

64. Sick Leave Fund Policy Grants of leave will not be applied retroactively to a previous pay period when the employee was not eligible*

66. Parental Leave Policy Provides up to 15 working days leave immediately following an adoption or birth Applies to permanent employees as defined in 2-18-101, MCA Employee may use, sick leave, annual leave, compensatory time, or leave without pay. Runs concurrently with FMLA leave

68. Disability and Maternity LeaveMOM Policy 3-0315 Must be requested by the employee and approved by the agency Employees shall comply with rules and agency policy Agencies may require employees to produce evidence of the need for leave before leave is approved or any time during the leave Reinstatement following leave determined on a case-by-case basis

69. Disability and Maternity Leave Disability means any illness, injury, or other condition which prevents the employee from performing some or all of the duties of the position

70. Disability and Maternity Leave Medical Certification may be required specifying that the disabling condition requires a leave of absence Any employee requesting more than 6 calendar weeks must provide medical certification

71. Disability and Maternity Leave Maternity Leave 6 calendar weeks allowed without medical certification Sick leave use ends May require notification and projected period of absence

72. Disability and Maternity Leave May be required as a reasonable accommodation Must also comply with Family and Medical Leave Act of 1993 and MOM Policy on Family and Medical Leave 3-0309

74. Family and Medical Leave Act MOM Policy 3-0309

75. Why did Congress pass FMLA? FMLA leave is designed to help employees balance their work and family responsibilities by taking reasonable unpaid leave for certain family and medical reasons. The Act is intended to promote both the stability and economic security of families, and the national interests in preserving family integrity. It also seeks to accommodate the legitimate interests of employers, and promotes equal employment opportunity for men and women.

76. Family and Medical Leave Act Allows reasonable job-protected leave for up to 12 weeks each year for family and medical reasons

77. Eligibility for FMLA leave An employee must: Have worked for the state a minimum of twelve months, which need not be continuous or served just prior to taking leave, and Have been in a pay status for at least 1,040 hours during the twelve month period immediately preceding the leave.

78. FMLA � Who�s eligible? Active military duty for Reservists counts towards the time worked

79. More information about eligibility Eligible part-time employees will receive pro-rated leave based on the average weekly hours in a pay status. Employees who give clear notice that they do not intend to return to work lose their entitlement to FMLA leave. Employees who are unable to return to work and have exhausted their 12 weeks of FMLA leave no longer have FMLA protections.

80. What is FMLA leave? An eligible employee will be granted up to twelve weeks of FMLA leave in a 12-month period if the leave is for any of the following reasons: the birth of a child and to care for the newborn child. the placement of a child with the employee for adoption or foster care. to care for a spouse, child or parent with a serious health condition. a serious health condition that renders the employee unable to perform the functions of his or her job.

81. What protections does FMLA provide state employees? Job-protected leave Continuation of the state�s contribution to insurance benefits (even when the employee takes leave without pay) Job restoration

82. Job-protected leave FMLA leave was designed by Congress to allow employees to balance their work and family responsibilities by taking reasonable leave for certain reasons without worrying about continuing their employment. When employees take approved FMLA leave, they will not be subject to discipline for the absences or to loss of any benefit which would have occurred without the absence, unless the benefit is also changed for other employees.

83. Insurance protections While the employee is on approved FMLA leave, the employer will continue to pay its contribution towards the cost of the employee�s insurance, even when the employee is on leave without pay. Employees must pay their portion of any insurance premiums normally deducted from the employee�s paycheck.

84. Can an agency require an employee to repay insurance benefits? Yes � if the employee fails to return to work for at least 30 calendar days after the leave entitlement has been exhausted, unless there is a recurrence or onset of a serious health condition, or, in the opinion of the employer, there is a change of circumstances beyond the employee�s control.

85. Job restoration An employee taking leave under this law will be returned to the employee�s same position or to an equivalent position, at the election of the employer, unless the employee would have been terminated in the absence of any leave.

86. FMLA - What requirements do employees have? To notify the supervisor 30 days in advance when possible To provide enough information To provide medical certification if required To use sick leave when appropriate

87. What requirements do agencies have? To determine whether leave is FMLA-qualifying To designate leave To protect and notify employees To track leave taken To keep records on requests and leave taken To provide the state share for health insurance Reinstatement

88. FMLA Designation In all circumstances, it is the employer�s responsibility to designate leave, paid or unpaid, as FMLA-qualifying, and to give notice of the designation to the employee. The designation decision is based on information received from the employee or a person contacting the employer on behalf of the employee The determination of eligibility may include a requirement for medical certification.

89. What Questions Should a Supervisor Ask? Has the employee or family member been hospitalized for the condition? Has the employee missed 3 or more consecutive days due to this condition? Has this condition been diagnosed as a chronic serious health condition? Has the employee seen a health care provider 2 or more times for specific treatment? Has the employee seen a health care provider which resulted in a supervised regimen of continuing treatment? Is this employee taking treatments or prescription medication for this condition?

90. Family and Medical Leave State Personnel provides a guide and a detailed Power Point slideshow to train employees about the FMLA policy on its web site

91. ABUSE OF FMLA  FMLA leave abuse occurs when an employee uses leave for unauthorized purposes or misrepresents the actual reason for charging an absence to FMLA leave. Abuse is cause for discipline, up to and including dismissal.

93. THE END