Leave Law Application Context, Alignment, Application & Recordkeeping
Presented by Bethann DuBois and Louis R. Lessig, this presentation delves into the strategic context and alignment of employment offerings with a focus on leave law applications, regulations, and employer policies.
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Presentation Transcript
Leave Law Application Context, Alignment, Application & Recordkeeping Presented by: Bethann DuBois, CLMS, SPHR, SHRM-SCP Louis R. Lessig, Esquire, SHRM-SCP, SPHR
Agenda Agenda Setting The Table Setting The Table Strategic Context Employment Offering Alignment General Application Specific Leave Law Application Final Thoughts & Questions
Please Take Out Your Phone Text to: 22-333 Message: louislessig726
Strategic Context Strategic Context Regulations The Sweet Spot Employment Offering Culture Business Objectives
Alignment Enhances Control Alignment Enhances Control Employment Offering Regulations
Employment Offering Alignment Employment Offering Alignment Employer Policies Benefit Programs Pay Practices Administrative Procedures
Employment Offering Alignment Employment Offering Alignment Employer Policies Employment Classification Call-Off Requirements Attendance Vacation / PTO Personal Leave Return to Work Regulatory Policies NJ Sick Pay FMLA / NJFLA NJ SAFE Act ADA Workers Comp
Employment Offering Alignment Employment Offering Alignment Employer Benefit Programs Medical 401(k) Workers Compensation Voluntary Benefits
Employment Offering Alignment Employment Offering Alignment Employer Pay Practices Vacation / PTO NJ Paid Sick Leave Short-term Disability (NJ TDB or Private Plan) NJ Family Leave Insurance Long-term Disability (optional) Voluntary Benefits (i.e. Life Insurance / Aflac) Unemployment
General Application General Application Administrative Framework Interactive Communication Separate The Process Two Broad Buckets Absence Authorization Income Replacement Apply Checklist Provide Required Notices
General Application General Application Administrative Process Employee s Notice to Employer Initiate Employee Communication Interactive Process Obtain Leave Certification - Documentation Determine Eligibility Absence Authorization Income Replacement Identify Overlaps and Concurrent Policies Provide Required Employee Notices Absence Authorization Period / Extensions Benefits / Contributions Return to Work Requirements
The Process Its Interactive! It takes two to tango! It s Emotional Be Sensitive & Consistent!
Specific Leave Law Application Specific Leave Law Application New Jersey Earned Sick Leave Key Offering Considerations Benefit Year Notice Front-loaded vs Accrual Carryover or Payout Blackout Periods Absence not subject to attendance policies/discipline Integration: Absence Authorization Employee Eligibility Calculating and Tracking Leave Return to Work Benefits How are they affected? Income Replacement Payroll status/continuation Insurance application
Specific Leave Law Application Specific Leave Law Application FMLA / NJFLA Key Offering Considerations Am I a Covered Employer? Company policy vs Regulation How is Leave Year calculated? How is PTO handled? How are Benefit Premiums handled? Sending required notices Absences not subject to attendance policies/discipline Confidentiality Integration: Absence Authorization Employee Eligibility Calculating and Tracking Leave Return to Work Concurrent leave? Benefits How are they affected? Income Replacement Payroll status/continuation Insurance application
Specific Leave Law Application Specific Leave Law Application NJ SAFE Act Key Offering Considerations Integration: Absence Authorization Employee Eligibility Calculating and Tracking Leave Concurrent leave under FMLA / NJFLA? Benefits How are they affected? Income Replacement Payroll status/continuation Insurance application Am I a Covered Employer? Absences not subject to attendance policies/discipline
Specific Leave Law Application Specific Leave Law Application Integration: Absence Authorization Calculating and Tracking Leave Concurrent leave under FMLA? Available Vacation/Sick/PTO? Benefits How are they affected? Income Replacement Payroll status/continuation Insurance application ADA Key Offering Considerations Am I a Covered Employer? Does employee meet definition of Disability (under ADA)? Accommodation Leave as Accommodation Procedure for Periodic Review
Specific Leave Law Application Specific Leave Law Application Workers Compensation Key Offering Considerations Claim filing deadlines Reporting for OSHA Absences not subject to attendance policies/discipline Integration: Absence Authorization Out of Work or Light Duty? Concurrent leave under FMLA? Benefits How are they affected? Income Replacement Payroll status/continuation WC claim
Final Thoughts Final Thoughts Questions? Contact Information: Bethann.dubois@nipro-group.com llessig@brownconnery.com For more information about the Certified Leave Management Specialist certification: http://dmec.org/certification-training/
