payroll: Changes in FMLA Administration

[paynews <paynews@uoregon.edu>]

A Message from Human Resources:

Recent changes in the administration of Family Medical Leave (FMLA) will 
alter our practice for those employees who are on an FMLA-covered absence 
and who are also receiving disability benefits.

Federal FMLA regulations now prohibit employers from requiring that an 
employee on an approved FMLA leave use paid leave while receiving payments 
from a disability provider. Even though some collective bargaining 
agreements contain language requiring the use of leave, the Federal law 
takes precedence, overriding the collective bargaining agreement.

Consequently, employees who are on FMLA and receiving disability benefits, 
are NOT required to use their leave balances. Once disability benefits or 
FMLA protections have ended, these employees must then exhaust accrued 
leave before going on leave without pay, based on the applicable 
collective bargaining agreement.

This information will be provided to employees if they are enrolled in a 
disability insurance plan at the time they apply for an FMLA leave. 
Departments will receive notification of employees who qualify for this 
provision on the Standard Insurance Employer Statement sent by the 
Benefits Office.

If you have any questions please contact Cindi Peterson, Benefits 
Coordinator at cindip@uoregon.edu or Laurie Mills, Leaves Coordinator at 
lmills@uoregon.edu.

To view all payroll messages posted since January 2008 visit our
archive at http://www.uoregon.edu/~paynews/payroll