Advocate Health Care
Policies
Policy Information/Details
Policy:
Leave of Absence
I. POLICY
It is the policy of Advocate Health Care (Advocate) to allow time away from work for family,
medical and personal leaves. Each associate’s request for Leave of Absence (LOA) will be
considered first under the Family and /Medical Leave Act (FMLA). If the associate is not
eligible under FMLA, he/she may be eligible for another type of leave. Advocate will consider
leave requests due to a disability on a case-by-case basis.
See Advocate’s System policies for Military, Bereavement, Workers’ Compensation and Jury
Duty Leave of Absences. (See Cross Reference Section)
II. DEFINITIONS
Family Medical Leave (FML)
: An excused time away from work for up to twelve (12)
workweeks (480 hours—12 workweeks x 40 hours-- for a 1.0 FTE, 384 hours--12 workweeks
x 32 hours-- for a .8 FTE or prorated based on current FTE status) during a rolling 12 month
period (measured backwards from the date a FML begins) for: 1) the birth, or adoption or
foster care placement of a child, 2) the care of a spouse, child, step child or parent who has a
serious health condition, or 3) the associate’s serious health condition.
To be eligible, an associate must have worked for Advocate for at least 12 months and for at
least 1,250 hours in the previous 12 months and must give at least 30 days advance notice
when requesting a FML.
If the associate returns to work within his/her approved FML time
off, he/she will be placed in his/her former or equivalent position with equivalent pay and
benefits.
All Certification of Health Care Provider forms must be completed by a Health Care Provider,
not the associate. The Disability Council (DC) will clinically review all FML’s. If the
Provider Certification Form is incom
p
lete, the DC will contact the
p
rovider after obtainin
g
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Site/Location
Systemwide
Polic
y
Numbe
r
90.013.010
Polic
y
Title
Leave of Absence
Ori
g
inated b
y
Human Resources
A
pp
roved b
y
Senior Vice President, Human Resources
Release Information
Non-Release OR Release Only with Approval
Su
p
ersedes
Advocate Health Care 90.13.10 Leave of Absence
(7/97)
Revised Date
01/01/2006
Reviewed Date
01/01/2006
Ori
g
ination Date
07/01/1997
Sites Divisions Directories Communication Resources Market
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permission from the associate. If the DC has cause to doubt the clinical information contained in
Provider Certification Form, AHC (at their expense) will instruct the associate to obtain a
second opinion. If the first and second opinion differ, AHC (again, at their expense) will
instruct the associate to obtain a third opinion.
In the case of an Intermittent FML, for long-term and/or chronic conditions, the DC may
request that the associate re-certify their FML every 30 days. The DC will contact the
associate periodically for an update.
Associate may or may not be eligible for paid Disability Leave. The Disability Council (the
Council) at the time of the leave will determine disability benefit eligibility.
Intermittent FML:
Excused short periods of time away from work, or a reduced work
schedule, without a change in status, for up to 12 weeks for an associate’s own serious health
condition or that of a family member whenever medically necessary.
VESSA (Victim’s Economic Security & Safety Act) Leave:
An excused time away from
work for up to twelve weeks if the associate is a victim of domestic or sexual violence or
whose family or household member is a victim—provided the associate is not the perpetrator.
The purpose of this leave is to allow victims to seek medical help, legal assistance, counseling,
safety planning and/or other types of related assistance.
Under VESSA, a “family or household member” is a spouse, parent, son, daughter, or any
person jointly residing in the same household. “Son or daughter” is defined as a biological,
adopted, or foster child, a legal ward, under 18 years of age, or is 18 years of age or older and
incapable of self-care because of a mental or physical disability.
If the associate returns to work within his/her approved VESSA time off, he/she will be placed
in his/her former or equivalent position with equivalent pay and benefits.
Leave under VESSA is coordinated with the Family Medical Leave.
Disability Leave Non-FML (Paid Medical Leave):
An excused time away from work
because of a non-work related illness or injury. To be eligible, an associate must be employed
by Advocate for 6 continuous months in a full time or part time A position. If the associate
returns to work during the approved leave that is within 30 calendar days he/she will be placed
in his/her former or equivalent position with equivalent pay and benefits.
Workers
’ Compensation Leave of Absence
: An excused time away from work for an injury,
illness or exposure that arises out of associate’s employment as defined by the Illinois
Workers’ Compensation Act. This leave is not status or length of service dependent. If an
associate is not eligible for FML and they return to work during the approved leave that is
within 30 calendar days he/she will be placed in his/her former or equivalent position with
equivalent pay and benefits.
Personal Medical Leave of Absence
: An excused time away from work for an associate’s
own illness when the associate does not qualify for disability or FML. To be eligible, an
associate must be employed by Advocate for 3 months. If the associate returns to work during
the approved leave that is within 30 calendar days he/she will be placed in his/her former or
equivalent position with equivalent pay and benefits.
Famil
y
Militar
y
Leave
: An excused time awa
y
from work, u
p
to 30 da
y
s, re
q
uested b
y
an
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associate who is the spouse or parent of a person called by order of the Governor or President
to state or federal military service. To be eligible an associate must have worked at least 1,250
hours in the 12 months preceding the commencement of the leave.
If the associate returns to work during the approved leave that is within 30 calendar days
he/she will be placed in his/her former or equivalent position with equivalent pay and benefits.
Personal Leave of Absence:
An excused time away from work, to conduct personal business,
complete an educational requirement or degree, or to travel. To be eligible, an associate must
be employed by Advocate for 3 months. There is no guaranteed reinstatement requirement
with this leave.
Exhaustion of Leave:
Associate who has used up all time available permitted or allowed
under a particular leave.
Disabilities Extending Beyond Twelve Months:
After an associate has been disabled and has
not returned to work for 12 months, the associate’s employment with Advocate Health Care
will end. However, the associate will continue to receive disability benefits as long as the
associate is certified as disabled by the Disability Council. This includes any associate
certified by the Disability Council who is on an approved leave of absence for a medical
disability.
Recordkeeping:
In accordance with federal and state rules and regulations, AHC must
maintain both FML and VESSA documentation for a minimum of three years (the three years
begins at the END of the particular LOA). Documentation includes, but is not limited to, basic
payroll information and identifying associate data; dates the leave is taken, the hours of leave
taken, copies of associates’ notices of leave to the employer and copies of the employer’s
general and specific notice to associates of FML and VESSA rights; documents describing
associate benefits and policies regarding unpaid and paid leave; records documenting group
health plan contribution payments made by the employer towards associate benefits, and
records of any disputes concerning FML or VESSA LOA’s.
III. PROCEDURE
If an associate requests a period of time away from work, they should contact HR to determine
the type of leave they will be eligible for, as listed below:
•
FML with Disability Pay
•
FML for His/Her Own Serious Health Condition Without Disability Pay
•
FML for All Other Qualifying Reasons
•
Intermittent FML
•
VESSA LOA (can be Intermittent and/or with or without Disability)
•
Disability Leave Non-FML (Paid Medical Leave)
•
Workers’ Compensation
•
Personal Medical Leave
•
Personal Leave
•
Family Military Leave
Once the type of leave and eligibility is determined, HR will forward the appropriate
paperwork to the associate and notify the manager of the type of leave and the dates of leave.
If an associate is unable to request a Leave of Absence or the manager suspects that the
associate ma
y
need an LOA the mana
g
er must contact Human Resources
(
HR
)
to determine
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FML or VESSA eligibility and determine the appropriate type of leave. HR may place the associate
on FML or VESSA by using the appropriate Associate Notification of Approved Leave form.
This form when used should be sent via Certified Mail (return receipt requested) to the
associate’s address of record. FML or VESSA begins on the first day of absence for an FML
or VESSA qualifying event and continues until the associate returns to work or exhausts
his/her leave, which ever comes first.
Associates on approved LOA for more than six consecutive weeks will have a delay in their
next scheduled salary/performance review, which will be extended by the same number of
weeks as the LOA.
Failure to return required LOA documentation in a timely manner may affect the associate’s
right to a LOA.
1. FML With Disability Pay:
If an associate is eligible for FML and the associate is requesting leave for his/her own
serious health condition, and is eligible for disability pay (i.e. that is they have worked
in a full-time or part-time A position for 6 continuous months), and the illness/injury is
non work related, the procedure below will be followed:
•
In a planned Medical LOA, the associate contacts Human Resources (HR),
completes and signs the Associate Notification to the Manager of Intent To
Request A Leave of Absence form, and gives it to the manager at least 30
days prior to the start of the requested leave. HR will determine the type of
leave the associate is eligible for and provide the associate with a LOA
Packet which will include:
1) Guidelines For Leave of Absence
2) A copy of the completed Associate Notification To The Manager
of Intent to
Request A Leave of Absence
3)
If FML eligible, a Certification of Health Care Provider
Family/Medical Leave form. The associate or their physician must
return this form to the Disability Council prior to the start of the
leave or within 15 days after it is received. Failure to return this
form to the Council by the date indicated may result in the loss of
coverage under FMLA.
The LOA Packet can be given directly to the associate or sent certified
mail to their home. In either case, the associate must
sign
the Associate
Notification To The Manager of Intent to Request a Leave of Absence,
which indicates that they have received the LOA Packet.
•
Upon receipt of the completed Certification of Health Care Provider
Family/Medical Leave form, the Council will provide clinical review. The
Council notifies HR via e-mail of the status of the claim. If approved, HR
will mail to the associate, via Certified Mail, the Associate Notification of
Approved Family/Medical Leave form. HR will notify the manager and the
Council, via e-mail, the start date of the FML, hours available to the
associate and the end date of the FML. If further evaluation is necessar
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the Council will forward all the appropriate information to Advocate’s
designated Health Care Provider.
•
The associate must also notify the Council to certify their disability no later
than the sixth (6
th
) day of absence. Once notified, the Council will verify
eligibility for disability. The Council will discuss this with the associate and
provide the associate with the Certification Packet. This packet will include
a Disability Certification form, and Authorization for Release of
Information form. Failure to return these forms to the Council by the date
indicated may affect the start of disability benefits.
•
The Council will notify the manager & HR via e-mail and HR via faxed
report of the date the Council will begin paying disability benefits to the
associate.
•
The associate is responsible for entering PTO time into the time and attendance
system the first 10 consecutively scheduled workdays of absence or 14 consecutive
calendar days of absence. These hours should be coded 37 (Scheduled PTO). The
manager is then responsible for editing these hours to FMPTO (PTO hours used
should be charged to the home cost center). The associate is required to use
available PTO for the first 10 consecutively scheduled work days of absence. If no
PTO is available, the associate may utilize unpaid time off and the associate should
code these hours as 38 (Unpaid Time Off). The Manager is responsible for editing
these hours as FMLUP.
•
The Council will update the associate record, changing the status by
processing his/her electronic associate record at the start and end of the
leave. The Council will complete the time keeping record utilizing the
appropriate disability code/FML code.
•
HR will notify the associate via certified mail at least two weeks prior to the
expiration of the FML leave (using the Exhaustion of Family/Medical Leave
form). The associate who intends to return to work should, (when possible)
notify their HR/Manager a minimum of two (2) business days prior to
returning to work.
•
Exhaustion of coverage under FML does not affect an associate’s eligibility
for disability benefits, as long as the time off continues to be certified by the
Council.
•
If an associate is medically released to return to work, but is still eligible for
FML leave and decides to take the remaining FML leave, the associate and
HR must follow the instructions under “Family And Medical Leave Without
Disability Pay”. An example would include an associate who still has
coverage under FML, and chooses not to return to work under the restricted
duty program or an associate, who, after the birth of their baby, wishes to
remain on leave after disability benefits end, to care for the newborn child.
•
If an associate exhausts their coverage under FML and is medically released
to return to work to their former position, and either their position has been
filled or the
y
do not return to work, the
y
will be considered to have
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voluntarily resigned. The Advocate separation protocol should be followed.
However, in accordance with AHC’s Bridging of Service Policy (90.12.14),
if the associate is re-employed by Advocate within one year or less from
his/her last day worked, there will be no break in the associate’s system
seniority.
2. FML for His/Her Own Serious Illness Without Disability Pay:
If an associate is eligible for FML, is requesting leave for his/her own serious health condition,
but either the reason for the request or the associate’s classification makes them ineligible for
disability benefits, use the following procedure:
•
In a planned Medical LOA, the associate contacts Human Resources (HR),
completes and signs the Associate Notification to the Manager of Intent To
Request A Leave of Absence form, and gives it to the manager at least 30
days prior to the start of the requested leave. HR will determine the type of
leave the associate is eligible for and provide the associate with a LOA
Packet which will include:
1) Guidelines For Leave of Absence
2) A copy of the completed Associate Notification To The Manager of
Intent to
Request A Leave of Absence
3)
If FML eligible, a Certification of Health Care Provider
Family/Medical Leave form. The associate or their physician must
return this form to the Disability Council prior to the start of the
leave or within 15 days after it is received. Failure to return this
form to the Council by the date indicated may result in the loss of
coverage under FMLA.
The LOA Packet can be given directly to the associate or sent certified
mail to their home. In either case, the associate must
sign
the Associate
Notification To The Manager of Intent to Request a Leave of Absence,
which indicates that they have received the LOA Packet.
•
Upon receipt of the completed Certification of Health Care Provider
Family/Medical Leave form, the Council will provide clinical review. The
Council notifies HR via e-mail of the status of the claim. If approved the
HR will mail to the associate, via Certified Mail, the Associate Notification
of Approved Family/Medical Leave form. HR will notify the manager and
Council via e-mail, the start date of the FML, hours available to the
associate and the end date of the FML. If further evaluation is necessary
the Council will forward all the appropriate information to Advocate’s
designated Health Care Provider.
•
The associate is responsible for the duration of the leave to enter PTO time
into the time and attendance system. These hours should be coded 37
(Scheduled PTO). The Manager is then responsible for editing these hours
to FMPTO. The associate is required to use available PTO for the first 10
consecutively scheduled work days of leave. If no PTO is available, the
associate ma
y
utilize un
p
aid time off and the associate should code these
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hours as 38 (Unpaid Time Off). The manager is responsible for editing these
hours as FMLUP (PTO hours used should be charged to the home cost
center).
•
To continue employment benefits while on an unpaid LOA, it is the
associate’s responsibility to contact HR to arrange for payment of these
benefits.
•
Human Resources will notify Associate Records/ Data of the associate’s
change in status by processing his/her electronic associate record at the start
and end of the leave.
•
HR must notify the associate, via certified mail, at least two weeks prior to
the expiration of the FML (using Exhaustion of Family/Medical Leave
form).
•
The associate who intends to return to work should notify their HR/manager
a minimum of two (2) business days (when possible) prior to returning to
work and must provide to their Manager and Human Resources a statement
from his/her health care provider indicating their fitness for duty.
•
If an associate exhausts their coverage under FML and is medically released
to return to work to their former position, and either their position has been
filled or they do not return to work, they will be considered to have
voluntarily resigned. The Advocate separation protocol should be followed.
However, in accordance with AHC’s Bridging of Service Policy (90.12.14),
if the associate is re-employed by Advocate within one year or less from
his/her last day worked, there will be no break in the associate’s system
seniority.
3.
FML for All Other Qualifying Reasons:
If an associate is eligible for FML, and the associate is requesting leave for an FML-
qualifying reason other than his/her own serious health condition use the following
procedure:
•
In a planned LOA, the associate contacts Human Resources (HR),
completes and signs the Associate Notification to the Manager of Intent To
Request A Leave of Absence form, and gives it to the manager at least 30
days prior to the start of the requested leave. HR will determine the type of
leave the associate is eligible for and provide the associate with a LOA
Packet which will include:
1) Guidelines For Leave of Absence
2) A copy of the completed Associate Notification To The Manager of
Intent to
Request A Leave of Absence
3)
If FML eligible, a Certification of Health Care Provider
Family/Medical Leave form. This form must be returned to the
Disability Council, by the associate or their physician, prior to the
start of the leave or within 15 da
y
s after it is received. Failure to
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return this form to the Council by the date indicated may result in the
loss of coverage under FMLA.
The LOA Packet can be given directly to the associate or sent certified
mail to their home. In either case, the associate must
sign
the Associate
Notification To The Manager of Intent to Request a Leave of Absence,
which indicates that they have received the LOA Packet.
•
Upon receipt of the completed Certification of Health Care Provider
Family/Medical Leave form, the Council will provide clinical review and
approval. The Council notifies HR via e-mail of the status of the claim. If
approved the HR will mail to the associate, via Certified Mail, the Associate
Notification of Approved Family/Medical Leave form. HR will notify the
manager and Council via e-mail, the start date of the FML, hours available
to the associate and the end date of the FML. If further evaluation is
necessary the Council will forward all the appropriate information to
Advocate’s designated Health Care Provider.
•
The associate is responsible for the duration of the leave to enter PTO time
into the time and attendance system. These hours should be coded 37
(Scheduled PTO). The manager is then responsible for editing these hours
to FMPTO. The associate is required to use available PTO for the first 10
consecutively scheduled work days of leave. If no PTO is available, the
associate may utilize unpaid time off should code these hours as 38 (Unpaid
Time Off). The manager is responsible for editing these hours as FMLUP
(PTO hours used should be charged to the home cost center).
•
To continue employment benefits while on an unpaid LOA it is the
associate’s responsibility to contact HR to arrange for payment of these
benefits.
•
Human Resources will notify Associate Records/Data of the associate’s
change in status by processing his/her electronic associate record at the start
and end of the leave. HR must notify the associate, via certified mail, at
least two weeks prior to the expiration of the FML leave (using the
Exhaustion of Family/Medical Leave
form). The associate who intends to
return to work should, (when possible), notify their HR/manager a minimum
of two (2) business days prior to their return to work.
•
If an associate exhausts their coverage under FML and either their position
has been filled or they do not return to work, they will be considered to have
voluntarily resigned. The Advocate separation protocol should be followed.
However, in accordance with AHC’s Bridging of Service Policy (90.12.14),
if the associate is re-employed by Advocate within one year or less from
his/her last day worked, there will be no break in the associate’s system
seniority.
4. Intermittent FML
If an associate is eligible for FML and is requesting an intermittent leave or a reduced
schedule and the Disability Protection Plan or Worke
r
’s Compensation does not cover
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it, use the following procedure (NOTE: There is no change in status with an
intermittent FML):
•
In a planned LOA, the associate contacts Human Resources (HR),
completes and signs the Associate Notification to the Manager of Intent To
Request A Leave of Absence form, and gives it to the manager at least 30
days prior to the start of the requested leave. HR will determine the type of
leave the associate is eligible for and provide the associate with a LOA
Packet which will include:
1) Guidelines For Leave of Absence
2) A copy of the completed Associate Notification To The Manager of
Intent to
Request A Leave of Absence
3) If FML eligible, a Certification of Health Care Provider
Family/Medical Leave form. This form must be returned to the
Disability Council, by the associate or their physician, prior to the start
of the leave or within 15 days after it is received. Failure to return this
form to the Council by the date indicated may result in the loss of
coverage under FMLA.
The LOA Packet can be given directly to the associate or sent certified
mail to their home. In either case, the associate must
sign
the Associate
Notification To The Manager of Intent to Request a Leave of Absence,
which indicates that they have received the LOA Packet.
•
Upon receipt of the completed Certification of Health Care Provider
Family/Medical Leave, the Council will provide clinical review. The
Council notifies HR via e-mail of the status of the claim. If approved the HR
will mail to the associate, via Certified Mail, the Associate Notification of
Approved Intermittent Family/Medical Leave form. HR will notify the
manager via e-mail, the start date of the FML and the schedule or hours the
associate will be using while on Intermittent FML. If further evaluation is
necessary the Council will forward all the appropriate information to
Advocate’s designated Health Care Provider.
•
The associate is responsible for the duration of the intermittent leave to
enter PTO time into the time and attendance system. These hours should be
coded 37 (Scheduled PTO). The associate’s manager is then responsible for
editing these hours to FMPTO. The associate is required to use available
PTO for the initial hours of an intermittent leave as indicated in the schedule
below:
Full time associate – Associate is required to use available PTO for the
first 80 hours of intermittent leave in a calendar year. If no PTO is
available, the associate may utilize unpaid time off.
Part-Time A Associate – Associate is required to use available PTO for
the first 64 hours of intermittent leave in a calendar year. If no PTO is
available, the associate may utilize unpaid time off.
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Part –time B Associate – Associate is required to use available PTO for
the first 40 hours of intermittent leave in a calendar year. If no PTO is
available, the associate may utilize unpaid time off.
If no PTO is available, the associate may utilize unpaid time off and the
the associate should code these hours as 38 (Unpaid Time Off). The
manager is responsible for editing these hours as FMLUP (PTO hours
used should be charged to the home cost center).
•
If an associate exhausts their coverage under FML they will be expected to
return to their normal FTE status. Failure to return to their normal FTE
status may result in termination of employment.
5. VESSA LOA (can be Intermittent and/or with or without Disability):
If an associate (or household member) is a victim of domestic or sexual violence, the associate
may be eligible for a VESSA LOA. This leave entitles the associate to take up to 12-weeks off
in any 12-month period. It can be intermittent, with a reduced work schedule and may require
reasonable accommodation.
NOTE: Leave under VESSA is coordinated with the Family Medical Leave.
The leave must be taken for one of the following reasons:
A) To seek medical attention for, or recover from, physical or psychological
injuries caused by domestic or sexual violence to the associate or the associate’s family
or household member.
B) To obtain services from a victim services organization for the associate or
associate’s family or household member.
C) To obtain psychological or other counseling for the associate or the
associate’s family or household member.
D) To participate in safety planning, temporarily or permanently relocating, or
taking other actions to increase the safety of the associate or the associate’s family or
household member from future domestic or sexual violence or ensure economic safety.
E) To seek legal assistance or remedies to ensure the health and safety of the
associate or the associate’s family or household member, including preparing for or
participating in any civil or criminal legal proceeding related to or derived from the
domestic or sexual violence.
To be eligible, an associate must be on Advocate’s payroll in a full-time, part-time, 0-
hour or temporary employment status. In order to process this leave, the procedure
below must be followed:
•
In a planned VESSA LOA, the associate contacts Human Resources (HR),
completes and signs the Associate Notification to the Manager of Intent To
Request A Leave of Absence form, and gives it to the manager at least 48
hours (or within a reasonable period) prior to the start of the requested
leave. HR will confirm eli
g
ibilit
y
and
p
rovide the associate with a LOA
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Packet which will include:
1) Guidelines For Leave of Absence
2) A copy of the completed Associate Notification To The Manager of
Intent to Request A Leave of Absence
3) If VESSA eligible, evidence of this event must be provided within
15 days after applying for the leave. This must include a sworn
statement of the victim, and police or court record, documentation from
a Victim Services Organization, an attorney, clergy member, or a
medical or other professional from whom assistance has been sought.
Failure to provide this documentation may result in the loss of coverage
under VESSA.
In addition, under VESSA, Human Resources may request periodic
updates on the status and intention of the associate to return to work
may be requested.
The LOA Packet can be given directly to the associate or sent certified
mail to their home or other designated address. In either case, the
associate must
sign
the Associate Notification To The Manager of Intent
to Request a Leave of Absence, which indicates that they have received
the LOA Packet.
•
If approved HR will mail to the associate, via Certified Mail, the Associate
Notification of Approved Family/Medical Leave form. HR will notify the
manager the start date of the VESSA, hours available to the associate and
the end date of the VESSA LOA.
•
The associate is responsible for the duration of the leave to enter PTO time
into the time and attendance system. These hours should be coded 37
(Scheduled PTO). If no PTO is available, the associate may utilize unpaid
time off.. In order to ensure confidentiality, the local human resources
department will be responsible for tracking the total VESSA hours taken by
an associate.
•
To continue employment benefits while on an unpaid LOA, it is the
associate’s responsibility to contact HR to arrange for payment of these
benefits.
•
Human Resources will notify Associate Records/ Data of the associate’s
change in status by processing his/her electronic associate record at the start
and end of the leave (when an associate uses intermittent leave there is no
change in status).
•
HR must notify the associate, via certified mail, at least two weeks prior to
the expiration of the VESSA (using Exhaustion of FML/VESSA LOA
form).
•
The associate who intends to return to work should notify their HR/manager
a minimum of two (2) business days (when possible) prior to returning to
work.
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•
If an associate exhausts their coverage under VESSA, and either their
position has been filled or they do not return to work, they will be
considered to have voluntarily resigned. The Advocate separation protocol
should be followed. However, in accordance with AHC’s Bridging of
Service Policy (90.12.14), if the associate is re-employed by Advocate
within one year or less from his/her last day worked, there will be no break
in the associate’s system seniority.
6. Disability Leave Non-FML (Paid Medical Leave):
If an associate requests a leave of absence because of their non-work related
illness or injury, and is eligible for Medical Leave with Disability Pay but not
for protection under the FML use the procedure below. To be eligible, an
associate must be employed for 6 continuous months in a full time or part-time
A status.
•
In a planned Medical LOA, the associate contacts HR, completes and signs
the Associate Notification to the Manager of Intent To Request A Leave of
Absence form, and gives it to the manager at least 30 days prior to the start
of the requested leave. HR will determine the type of leave the associate is
eligible for, and provide them with a LOA Packet which will include
Guidelines For Leave of Absence form, and a copy of the completed and
signed
Associate Notification To The Manager of Intent to Request A
Leave of Absence.
•
The associate must notify the Council to certify their disability no later than
the sixth (6
th
) day of absence. Once notified, the Council will verify
eligibility for disability. The Council will discuss this with the associate and
provide the associate with the Certification Packet. This packet will include
a Disability Certification form, and Authorization for Release of
Information form. Failure to return these forms to the Council by the date
indicated may affect the start of disability benefits.
•
The Council will notify the manager and HR via e-mail or HR via faxed
report of the date the Council will begin paying disability benefits to the
associate.
•
The associate is responsible for entering PTO time into the time and
attendance system the first 10 consecutively scheduled workdays of absence
or 14 consecutive calendar days of absence. These hours should be coded
37 (Scheduled PTO - charged to the home cost center). The associate is
required to use available PTO for the first 10 consectuively scheduled work
days of leave. If no PTO is available the associate may utilize unpaid time
off the associate should code these hours as 38 (Unpaid Time Off).
•
The Council will update the associate record, changing the status by
processing his/her electronic associate record at the start and end of the
leave. The Council will complete the time keeping record utilizing the
appropriate disability code.
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•
When the associate is released by their physician to return to work, they
must contact their manager a minimum of one week in advance (when
possible) and provide the Council with a statement from his/her health care
provider indicating their fitness for duty. The Council will then review,
approve and notify Human Resources and the Manager to confirm the
associate’s release. If the associate returns to work within 30 days, he/she
will be placed in his/her former or equivalent position with equivalent pay
and benefits.
•
If the Council continues to certify the associate for disability, their
guaranteed reinstatement can be extended for an additional 30 days. This is
done on a case-by-case basis in coordination with HR. Exhaustion of the
guaranteed reinstatement requirement does not affect an associate’s
eligibility for disability benefits, as long as the time off continues to be
certified by the Council.
•
If an associate exhausts their guaranteed reinstatement requirement and
extension, and is medically released to return to work to their former
position, and either their position has been filled or they do not return to
work, they will be considered to have voluntarily resigned. The Advocate
separation protocol should be followed. However, in accordance with
AHC’s Bridging of Service Policy (90.12.14), if the associate is re-
employed by Advocate within one year or less from his/her last day worked,
there will be no break in the associate’s system seniority.
7. Workers’ Compensation
In the event that an associate is unable to work due to a work-related injury or illness
the procedure below will be followed along with Workers’ Compensation Policy
#90.12.15.
•
The associate must notify their manager, the Workers’ Compensation
administrator and HR immediately, seek medical treatment and complete the
required Workers’ Compensation forms.
•
The manager must contact HR to determine the associate’s eligibility for
protection under FMLA. After reviewing the associate’s employment
information HR will determine the appropriate LOA and mail to the
associate, via Certified Mail, a Leave of Absence Packet. This packet
should include a Guidelines For Leave Of Absence form, the Associate
Notification Of Approved Family/Medical Leave Without Disability
Benefits form, and a Certification of Health Care Provider Family/Medical
Leave form, if eligible for FML. This form must be returned to HR prior to
the start of the leave or within 15 days after it is received. Failure to return
this form to the HR by the date indicated may result in the loss of coverage
under FMLA. HR will notify the Workers’ Compensation Administrator of
the associates FML eligibility and hours available.
If the associate is not
eligible for FML they will be sent a Guidelines For Leave of Absence
,
and an Associate Notification of Approved Personal Medical Leave
form.
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•
As directed by the Workers’ Compensation Administrator, the manager
must complete and process the associate’s first 3 consecutively scheduled
workdays of absence in the time and attendance system. The hours must be
coded as FMWCP (Family Medical Leave Worker’s Compensation) or
WRKCP (Worker’s Compensation Non-FMLA eligible). NOTE: The
above payroll codes can only be used after the Workers' Compensation
Administrator gives approval.
•
After the first 3 days, the Workers’ Compensation Administrator will be
responsible for the duration of the leave to complete and process the
associate’s time keeping record. The FMLUP code (will be used for all non-
paid FML hours). In the event the associate is not eligible for FMLA, the
time keeping record will be coded UNPD (Unpaid Time Off).
•
To continue employment benefits while receiving Workers’ Compensation,
it is the associate’s responsibility to contact HR to arrange for payment of
these benefits.
•
W/C will notify Associate Records/ Data of the associate’s change in status
by processing his/her electronic associate record form at the start and end of
the leave. Human Resources must notify the associate, via certified mail, at
least two weeks prior to the expiration of the FML (using Exhaustion of
Family/Medical Leave form). The associate who intends to return to work
should, (when possible), notify their manager a minimum of one (l) week
prior to returning to work and must provide the Workers’ Compensation
Administer and HR with a statement from his/her health care provider
indicating their fitness for duty.
•
If an associate has been eligible for coverage under FML and they exhaust
this coverage, there is no affect on an associates eligibility to receive
Workers’ Compensation benefits or their employment status, as long as the
time off continues to be approved by the Workers’ Compensation
Administrator.
•
If an associate is not eligible for FML and the Workers’ Compensation
Administrator continues to certify the associate for benefits, their guaranteed
reinstatement requirement can be extended for an additional 30 days. This
is done on a case-by-case basis in coordination with HR. Exhaustion of the
guaranteed reinstatement requirement does not affect an associate’s
eligibility for benefits, as long as the time off continues to be certified by the
Workers’ Compensation Administrator
•
If an associate exhausts their guaranteed reinstatement requirement and
extension, and is medically released to return to work to their former
position, and either their position has been filled or they do not return to
work, they will be considered to have voluntarily resigned. The Advocate
separation protocol should be followed. However, in accordance with
AHC’s Bridging of Service Policy (90.12.14), if the associate is re-
employed by Advocate within one year or less from his/her last day worked,
there will be no break in the associate’s system seniority.
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8. Personal Medical Leave (non-FML, without Disability Pay):
In the event that an associate is not eligible for either an FML or a Disability
leave, either because of the reason for the leave or because of the associate’s
status, but has worked for Advocate for a period of 3 months, and is unable to
work because of their own serious health condition HR, along with the manager,
at the associate’s request, is required to grant up to a 30 calendar day personal
medical leave of absence. If the associate returns to work within the approved
leave dates, he/she will be placed in his/her former or equivalent position with
equivalent pay and benefits.
.
•
In a planned Medical LOA, the associate contacts HR, completes and signs
the Associate Notification to the Manager of Intent To Request A Leave of
Absence form, and gives it to the manager at least 30 days prior to the start
of the requested leave. HR will discuss with the associate the type of leave
and provide them with a LOA Packet which will include Guidelines For
Leave of Absence form, a copy of the completed and
signed
Associate
Notification To The Manager of Intent to Request A Leave of Absence, and
a Provider Certification for Personal Medical Leave form.
The Provider Certification form must be returned to the Disability Council
prior to
the start of the leave or within 15 days after it is received. Failure to return
this form
to the DCby the date indicated, may result in the loss of the job guarantee
under the
Personal Medical Leave policy.
•
Upon receipt of the completed Provider Certification for Personal Medical
Leave form the Disability Council will notify HR and the manager via e-
mail. Human Resources will notify the associate, via certified mail, of the
start date of the Personal Medical Leave and the end date of the job
guarantee.
•
The associate is responsible for the duration of the leave to enter PTO time
into the time and attendance system. These hours should be coded 37
(Scheduled PTO- charged to the home cost center). The associate is
required to use available PTO for the first 10 consecutively scheduled work
days of leave. If no PTO is available, the associate may utilize unpaid time
off and the associate should code these hours as 38 (Unpaid Time Off).
•
To continue employment benefits while on an unpaid Leave of Absence, it
is the associate’s responsibility to contact HR to arrange for payment of
these benefits.
•
HR will notify Associate Records/ Data of the associate’s change in status
by processing his/her electronic associate record at the start and end of the
leave. The associate who intends to return to work should, (when
possible), notify their manager a minimum of one (l) week prior to returning
to work and must provide the HR with a statement from his/her health care
p
rovider indicatin
g
their fitness for dut
y
. If the associate returns to work
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within 30 days, he/she will be placed in his/her former or equivalent position
with equivalent pay and benefits.
•
Requests for a Medical LOA in excess of 30 days for an associate’s serious
health condition, including pregnancy disability, will be considered on a
case-by-case basis and must be approved by the Council in coordination
with HR. If approved, their guaranteed reinstatement requirement can be
extended for up to an additional 30 days up to a maximum of 60 days within
a 12 month period. Supporting documentation may be requested.
•
If an associate exhausts their guaranteed reinstatement requirement and
extension (if applicable), and is medically released to return to work to their
former position, and either their position has been filled or they do not
return to work, they will be considered to have voluntarily resigned. The
Advocate separation protocol should be followed. However, in accordance
with AHC’s Bridging of Service Policy (90.12.14), if the associate is re-
employed by Advocate within one year or less from his/her last day worked,
there will be no break in the associate’s system seniority.
9. Personal Leave (Non-Medical):
In the event that an associate is not eligible for either FML or Disability leave,
either based on the reason of the leave or because of the associate’s status, but
has worked for Advocate for a period of 3 months, the manager, at the
associate’s request, may grant a 30-calendar day personal leave of absence.
•
In a planned LOA, the associate contacts HR, completes and signs the
Associate Notification to the Manager of Intent To Request A Leave of
Absence form, and gives it to the manager at least 30 days prior to the start
of the requested leave. HR will discuss with the associate the type of leave
and provide them with a LOA Packet which will include Guidelines For
Leave of Absence form, a copy of the completed and
signed
Associate
Notification To The Manager of Intent to Request A Leave of Absence, and
a copy of this policy.
•
The manager, in conjunction with HR, will determine whether to approve
the associate’s request. If approved, HR will give or send certified mail the
Associate Notification of Approved Personal Leave
form.
•
The associate is responsible for the duration of the leave to enter PTO time
into the time and attendance system. These hours should be coded 37
(Scheduled PTO- charged to the home cost center). The associate is
required to use available PTO for the first 10 consecutively scheduled work
days of leave. If no PTO is available, the associate may utilize unpaid time
off and the associate should code these hours as 38 (Unpaid Time Off).
•
To continue employment benefits while on an unpaid LOA, it is the
associate’s responsibility to contact HR to arrange for payment of these
benefits.
•
The mana
g
er will notif
y
Associate Records/ Data of the associate’s chan
g
e
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in status by processing his/her Electronic record form at the start and end of the
leave. The associate who intends to return to work should, (when possible),
notify their manager and HR a minimum of one (l) week prior to returning
to work.
•
Requests for a personal LOA in excess of 30 days will be considered on a
case-by-case basis and must be approved by the Department Manager and
HR. This request must be in writing and supporting documentation may be
requested. In making a decision on any such leave request, the business
needs of the department or unit in which the associate is employed will be
considered. The associate who intends to return to work should, (when
possible), notify their manager and HR a minimum of one (l) week prior to
returning to work.
•
If an associate fails to return to work after exhausting their approved time
off and either their position has been filled or they do not return to work,
they will be considered to have voluntarily resigned. The Advocate
separation protocol should be followed. However, in accordance with
AHC’s Bridging of Service Policy (90.12.14), if the associate is re-
employed by Advocate within one year or less from his/her last day worked,
there will be no break in the associate’s system seniority.
•
In conjunction with the HR, the associate’s manager may deny the Personal
Leave. HR will notify the associate via the Denial of Personal Leave of
Absence form.
10
.
Family Military Leave:
An excused time away from work, up to 30 days, requested by an associate who is the
spouse or parent of a person called by order of the Governor or President to state or
federal military service. To be eligible an associate must have worked at least 1,250
hours in the 12 months preceding the commencement of the leave.
An associate is required to produce proper certification from the military authority to
verify the associate’s eligibility for the leave.
If the associate returns to work during the approved leave that is within 30 calendar
days he/she will be placed in his/her former or equivalent position with equivalent pay
and benefits.
•
In a planned Family Military Leave, the associate contacts HR, completes and
signs the Associate Notification to the Manager of Intent To Request A Leave of
Absence form, and gives it to the manager at least 14 days prior to the start of the
requested leave. HR will discuss with the associate the type of leave and provide
them with a LOA Packet which will include Guidelines For Leave of Absence
form, a copy of the completed and
signed
Associate Notification To The Manager
of Intent to Request A Leave of Absence.
•
If no PTO is available, the associate may utilize unpaid time off and the associate
should code these hours as 38 (Unpaid Time Off).
•
To continue em
p
lo
y
ment benefits while on an un
p
aid Leave of Absence, it is the
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associate’s responsibility to contact HR to arrange for payment of these benefits.
•
HR will notify Associate Records/ Data of the associate’s change in status by
processing his/her electronic associate record at the start and end of the leave.
•
If an associate does not return to work within 30 days of the Family Military
Leave, they will be considered to have voluntarily resigned. The Advocate
separation protocol should be followed. However, in accordance with
AHC’s Bridging of Service Policy (90.012.014
), if the associate is re-employed by
Advocate within one year or less from his/her last day worked, there will be no
break in the associate’s system seniority.
•
IV. CROSS REFERENCE
Advocate System Policy #90.12.02 Bereavement Leave
Advocate System Policy #90.12.04 Paid Time Off
Advocate System Policy # 90.12.15 Workers’ Compensation
Advocate System Policy #90.13.01 Reasonable Accommodation Committee
Advocate System Policy #90.13.06 Termination of Employment
Advocate System Policy #90.13.17 Jury Duty
Advocate System Policy #90.13.18 Military Service
Advocate Disability Income Protection Plan
V. EXHIBITS/ATTACHMENTS
Associate Notification To The Manager Of Intent To Request A Leave Of Absence
Associate Notification of Approved Family Medical or VESSA Leave With Disability Benefits
or
Workers’ Compensation or Family Medical or VESSA Leave Without Disability Benefits
VESSA Affidavit
Associate Notification of Approved Personal
Medical
Leave
Associate Notification of Approved Personal Leave
Guidelines for Leave of Absence
Exhaustion of Family/Medical and VESSA Leave
Exhaustion of Personal Medical Leave/Personal Leave
Certification of Health Care Provider (DOL’s Form WH-380)
Provider Certification for Personal Medical Form Leave
Denial of Personal Medical/Personal Leave of Absence
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