ITHACA COLLEGE
POLICY MANUAL

VOLUME III
College-wide Faculty, Staff, and Administration Employment and Benefits Policies

3.9 Employee Benefits

General -- Accrual Records -- Holidays -- Vacation -- Personal Leave -- Medical Leave --
Leaves of Absence -- Flexible Benefit Plan -- Retirement Plan -- Educational Benefits -- Other

3.9.14 Time Off Benefits (Medical Leave and Related Benefits)

All employees regardless of benefits eligibility may be entitled to payments through workers' compensation. Staff employees may also be entitled to payments through New York State disability insurance. In the event a disability lasts for longer than six months, an eligible employee may be entitled to a monthly income benefit under the College's long-term disability plan. (See sections 3.9.15.2.6 and 3.9.16.6.)

In most cases, periods of disability will be counted towards an employee's entitlement under the Family and Medical Leave Act of 1993.

3.9.14.1 Ithaca College Medical Leave (Staff Employees Only)

Medical leave is intended to provide the security of continued income when an employee is absent due to illness or injury. Medical leave may only be used when the employee is unable to perform the employee's duties because of illness or injury, or for medical or dental appointments that cannot be scheduled outside of working hours. Only the amount of medical leave already accrued can be used; medical leave cannot be used in advance of accruing it.

If any employee is absent due to illness or injury for seven or more consecutive calendar days (not necessarily work days), the medical leave benefit must be coordinated with New York State disability or workers' compensation. (See sections 3.9.14.5 and 3.9.14.7.) The supervisor must contact the Benefits Department to begin this process as soon as it becomes apparent that the employee will be absent for seven or more consecutive calendar days.

3.9.14.1.1 Medical Leave Accrual Rate

Medical leave credits accrue at the rate of one day per month (a day equals the average number of hours in an employee's work day) to a maximum of 120 times the number of hours in the average workday for benefits groups II and III.

Benefits group I has an unspecified number of medical leave days. However, under normal circumstances, an employee in group I will not exceed the number of days granted to employees in groups II and III. Due to the level of responsibility and the accompanying demands on employees in group I, these individuals are often working even though they are away on sick or personal leave. Therefore, the president and executive officers may authorize time beyond the standard entitlements granted to other benefits groups. If the circumstances warrant special consideration, the College (not the employee) determines how to specify the "unspecified" amount.

3.9.14.1.2 How to Calculate and Record Accrual of Medical Leave

Medical leave hours are entered in the week a new employee completes one month of service and each month thereafter provided that the employee has worked (or received an Ithaca College payment) for at least 11 times the employee's average workday in that month. (See section 3.9.10.)

The number of hours entered depends on the employees average workday.

EXAMPLES:

3.9.14.1.3 Use of Medical Leave

Employees will not be paid for more medical leave than they have accrued. Medical leave used should be rounded to the nearest tenth of an hour when deducting it on the accrual sheet. (See section 3.9.10.) Debits to medical leave accrual for non-exempt employees should be taken directly from the time report form. (See the Parnassus HR/Payroll documentation at www.ithaca.edu/hr/hrinfo for instructions on completing the time report form.) If an adjustment must be made to an exempt employee's check, contact the Benefits Department.

Generally, if an employee is ill and has no medical leave left, with the agreement of the employee, accrued personal and vacation leave are used to cover the absence prior to going on an unpaid leave.

If an employee who is not on New York State disability has no medical leave accrual balance and wants to use vacation leave to cover an illness of short duration, such use of vacation leave is granted at the discretion of the supervisor.

If an employee works a varied number of hours each day, a debit is charged against medical leave for the number of hours scheduled for the day or days of sickness.

Abuse of medical leave privileges is cause for disciplinary action up to and including suspension or dismissal. It is the responsibility of supervisors to explain the use of medical leave and to make sure it is used for valid reasons only. The College reserves the right to require proof for all absences for illness. While the supervisor generally need not require proof of illness, if there is a regular pattern of short-term absences or abuse of the benefit is suspected, proof should be required. Supervisors should be consistent in monitoring absences and should consult with the director of human resources prior to taking written disciplinary action.

Employees should be required to notify the supervisor within the first hour of the work period if they will be absent due to illness. If an employee does not give proper notification or does not provide proof, if requested, the supervisor may deny use of medical leave accrual.

The College reserves the right to require a physician's statement indicating an employee returning from medical leave is fit to resume the employee's responsibilities. If the supervisor is uncertain whether the employee is fit to return, the supervisor should consult with the director of benefits. (See section 3.9.15.2.6.)

3.9.14.1.4 Use of Medical Leave Accrual to Care for Immediate Family (Staff Employees Only)

(See also Family Leave section 3.9.15.2 and Personal Leave section 3.9.13.4.)

In addition to the College's unpaid leave of absence policy, and in recognition of the difficult roles which employees must sometimes assume in caring for children, parents, and other dependents, the College will allow employees to use up to five days (per fiscal year) of their accrued medical leave for the care of members of their immediate family who are ill. Immediate family is defined as parents (also foster and step-parents), children, spouse, qualified domestic partner, brothers and sisters, in-laws (including parents and children), grandparents and grandchildren. This policy is also applicable to the care of a relative or other individual who is a permanent member of the household.

Employees are limited to five days of family care medical leave each fiscal year and should notify their supervisor as soon as possible when time will need to be taken. The days should be coded as a "C" on both the time report form and the employee's accrual form (the time should be deducted from medical time accrued).

3.9.14.1.5 Coordination of Medical Leave with New York State Disability and Workers' Compensation (Staff Employees Only)

(See also sections 3.9.14.5.3 and 3.9.14.7.)

An employee must use accrued medical leave for absences due to personal illness which are not covered by New York State disability or workers' compensation (statutory benefits) or to supplement payment from one of these sources, up to the amount the employee would normally earn.

At the point it appears that an employee, either exempt or non-exempt, will be absent due to illness or injury for seven or more consecutive calendar days (not necessarily all work days), the supervisor must contact the Benefits Department. (See sections 3.9.14.2.3 and 3.9.14.2.2.) Special procedures must be followed in these cases to apply for the statutory benefits.

Hours paid under the statutory benefits coverage are not charged against accrued medical leave. The benefits staff will assist the supervisor by handling the special procedures for completing the time report form for non-exempt employees (see Parnassus/HR Payroll documentation at www.ithaca.edu/hr/hrinfo) and for adjusting the paycheck of an exempt employee. When the employee returns to work, the supervisor should review the calculations done by the Benefits Department and confirm the accuracy of the payments and accruals.

EXAMPLE:

An employee who normally works 40 hours a week receives payment from NYS disability for an amount equal to 20 hours at the employee's regular rate. (Statutory benefit payments are made directly by the insurance carrier to the employee and do not go through the College payroll.) The employee will receive payment for the other 20 hours as medical leave from Ithaca College, therefore, the employee will be charged for 20 hours of medical leave usage. (If the insurance check had been equivalent to 18 hours, then the other 22 hours would have been paid by the College and charged against the accrual.) If the employee has used up their accrued medical leave, the employee may request that vacation and personal leave accruals be used to supplement the disability benefit. An employee with no accrued time left will receive only the payment from the insurer. (The same procedure is used when receiving workers' compensation payments.)

3.9.14.2 New York State Disability (Non-Work-Related Illness or Injury) (Staff Employees Only)

New York State disability is a statutory benefit provided by the College in compliance with New York State law. The College currently pays the entire premium for this benefit. Employees of the Ithaca College L.A. Program currently pay the premium for California short-term disability insurance.

3.9.14.2.1 Eligibility for New York State Disability

This benefit covers all employees (except faculty) including part-time, temporary, and student employees, except teaching assistants who work in New York State. Eligibility for this benefit begins four weeks from the date of hire and continues until four weeks immediately following termination of employment.

3.9.14.2.2 Benefits Under New York State Disability Insurance

The staff employee on disability is entitled to one-half of the employee's average weekly salary up to a maximum amount set by law. (This amount changes periodically. Contact the Benefits Department for the current amount.) The employee must use medical leave for the first five workdays of absence if the employee has an accrual balance. Disability payments begin after seven consecutive calendar days of absence (not necessarily work days). Successive periods of disability with the same diagnosis are considered part of the same period if recurrence is within 90 days of the employee's return to work. Therefore, the employee would not have to complete another seven-day waiting period.

Disability checks are issued by the insurance carrier directly to the employee. An employee may receive disability checks for up to 26 weeks during any 52-week period.

If the employee has a medical leave accrual balance, the College will continue to issue a paycheck based on the difference between the amount paid by the disability benefit and the amount of the employee's usual weekly wage. (See section 3.9.14.5.) If the employee has no medical leave remaining, the employee may request that vacation and personal leave accruals be used to supplement the disability benefit. An employee with no accrued time left will receive only the check from the disability insurance carrier.

Employees who receive New York State disability payments are responsible for declaring these as income on their income tax returns (employees will need to file with their income tax return the W2 issued by the carrier). However, it is possible to request that the insurance carrier withhold federal income tax from each check.

The employee should notify the supervisor and the Benefits Department when ready to return to work. The employee must first submit a statement from a physician indicating the employee is able to return to work.

If an employee has questions about the applicability or interpretation of New York State disability benefits the employee should be advised to contact the Benefits Department directly.

3.9.14.2.3 Claiming New York State Disability Benefits

A staff employee must contact the supervisor when the employee is absent from work due to an illness or injury. As soon as the employee knows that the absence will extend beyond five workdays, the employee should notify the supervisor as well as the Benefits Department. The supervisor should complete the Notice of Disability form, www.ithaca.edu/hr/pdf/benefits/Disability_Notice.pdf, attach a copy of the current accrual form, and send it to the Benefits Department.

When the employee contacts the Benefits Department, the employee will be instructed to call the insurance carrier directly to begin the New York State disability application process. Written instructions will then be sent to the employee as well as a copy of the laws that govern the NYS disability plan, and the application form, Form DB-450.

Part A of Form DB-450 must be completed by the employee and then given to the physician for completion of part B. The form should then be forwarded to the insurance carrier for processing. In the meantime, the physician will be contacted by a nurse from the carrier's disability unit so that eligibility can be established and payment initiated. It is essential that the Form DB-450 be returned in a timely manner. If not, disability payments may be interrupted. (form link under construction).

The Benefits Department will work with the insurer, the employee, and the supervisor to ensure that all procedures are properly followed.

Each pay period, for the duration of the disability, supervisors must forward the employee's TRF to the Benefits Department by the Wednesday preceding the payroll end date.

The benefits staff will follow special procedures for completing the time report form for non-exempt employees (see Parnassus HR/Payroll documentation at www.ithaca.edu/hr/hrinfo) and for adjusting the paychecks of exempt employees.

3.9.14.3 Medical Leave (Faculty)

Faculty on tenure, tenure-eligible, or non-tenure notice appointments are entitled to paid medical leave from the College. Full salary will be continued for up to six months provided that appropriate medical documentation is provided to the director of benefits. Six months coincides with the waiting period for long-term disability benefits. In the event that a faculty member does not meet the criteria for long-term disability benefits, the provost/vice president for academic affairs in consultation with the director of human resources may approve partial or full salary for the duration of the current academic year, if longer than six months and if medically necessary. See sections 3.9.14, 3.9.15.2.6, and 3.9.16.6 and Volume IV, section 4.8.4.

3.9.14.4 Pregnancy Disability

The 1978 Pregnancy Discrimination Act (an amendment to title VII of the Civil Rights Act of 1964) mandates that pregnancy, childbirth, and other related medical conditions must be treated the same as other disabilities. The period of medical disability is determined by the employee's physician. For pregnancies without complications, most physicians recommend a six-week leave.

The staff employee is entitled to New York State disability benefits even if she does not intend to return to work. For information on administering this leave, supervisors should contact the Benefits Department. The supervisor should also instruct the employee to contact the Benefits Department so that she may be briefed on the benefits that are available and of the steps that must be completed in order to collect those benefits.

The Pregnancy Discrimination Act also provides that a leave for childcare purposes must be granted on the same basis as a leave granted to employees for other non-medical reasons. Frequently, an employee will request additional time to care for the newborn child. Such requests should be handled according to the procedures outlined in section 3.9.15.2, Leaves of Absence Without Pay; see also section 3.9.15.2.1, Leaves of Absence Without Pay Due to Illness or for the Care of Family Members - Family and Medical Leave Act of 1993 (FMLA).

3.9.14.5 Workers' Compensation (Work-Related Illness or Injury)

Workers' Compensation is a statutory benefit provided by the College in compliance with New York State law. This benefit compensates the employee for absence due to work-related injuries and illnesses. All medical or hospital charges relating to the injury will be paid for through the workers' compensation carrier for the duration of a work-related illness.

3.9.14.5.1 Eligibility for Workers' Compensation

This benefit covers everyone on the Ithaca College payroll including faculty, student employees, part-time employees, and temporary workers (excludes agency temporary workers and independent contractors).

3.9.14.5.2 Benefits Under Workers' Compensation Insurance

Workers' compensation will pay two-thirds of the employee's average weekly salary up to a specified limit. (To find out the current amount, contact the Benefits Department.) The employee must use any accrued medical leave balance to cover the first five days of absence due to a work-related illness or injury. After seven consecutive days of absence (not necessarily work days), workers' compensation benefits will begin if it is determined to be a work-related illness or injury. If an employee is receiving workers' compensation and is absent for 15 days or more, workers' compensation retroactively reimburses the employee 2/3 of their pay, up to the specified limit for the first five days of absence from work. After reimbursement is made to the College by the carrier, the employee's accruals will be adjusted to reflect the reimbursement.

If the employee has a medical leave balance, the College will continue to issue a paycheck based on the difference between the amount paid by the workers' compensation benefit and the amount of the employee's usual weekly wage. (See section 3.9.15.2.6.) The employee may also use accrued medical leave for time spent attending doctor's appointment(s) or workers' compensation hearing(s) resulting from the employee's on-the-job injury or illness at the College.

The employee must notify the supervisor and the Benefits Department when ready to return to work. The employee must first submit a statement from a physician indicating the employee is able to return to work.

3.9.14.5.3 Claiming Workers' Compensation Benefits

Workers' compensation covers work-related injuries or illnesses. The injury or illness must be reported to the supervisor (staff) or dean's office (faculty) immediately. The supervisor should make certain that the injured employee promptly receives whatever medical attention is necessary. (See Volume II, section 2.8.11.2, Accidents.) Any time lost for the day of the accident must be entered as "regular hours" on the time report form and should not be charged to medical leave. Attending physicians and hospitals should be informed that treatment is being submitted through the workers' compensation system.

The employee must complete an Accident Report form (see www.ithaca.edu/safety/pdfs/form_accidentrpt.pdf) as soon as possible and forward it to the supervisor for signature. The supervisor should then turn it in to the Benefits Department within 24 hours of the employee becoming sick or injured on the job. The Benefits Department will complete the other forms necessary for the Workers' Compensation Board.

An Accident Report form must be submitted within 24 hours for all injuries, even those which do not involve loss of work time.

Supervisors and department chairs have a responsibility to prevent accidents in their departments and should investigate every accident in order to learn the cause and adopt proper methods to prevent a similar occurrence. After investigation, the "corrective action" part of the accident report must be filled out and returned to the Office of Human Resources. The Office of Environmental Health & Safety and the Office of Human Resources are available to assist supervisors with this responsibility.

Supervisors should remain in contact with an employee who is out of work as a result of a work-related injury. As soon as the supervisor is aware that the employee may be absent beyond seven calendar days, the supervisor should notify the Benefits Department and submit a copy of the current accrual form. (See section 3.9.14.5.)

Time report forms must be forwarded to the Benefits Department by the Wednesday preceding the payroll end date for the entire time period the employee is out due to a workers' compensation injury. The benefits staff will follow special procedures for completing the time report form for non-exempt employees (see Parnassus HR/Payroll Documentation at www.ithaca.edu/hr/hrinfo) and for adjusting the paychecks of exempt employees.

3.9.14.6 Long-Term Illness

An employee who has a long-term illness will receive pay from the College to supplement workers' compensation or New York State disability payments for up to 26 weeks or until accrued time-off benefits (medical, vacation, and personal) are exhausted, whichever occurs first. If an illness continues beyond six months, eligible employees may be entitled to a monthly income benefit as provided for under the long-term disability plan. (See section 3.9.16.6.)

3.9.14.7 Employees with Disabilities Accommodation Policy

See Volume II, section 2.5, Institutional Policy on Disability, and section 2.5.3, Employees with Disabilities Accommodation Policy.

August 18, 2008