Understanding Your Role

Leaves of Absence, Disability and Reasonable Accommodations

Presented by: Patti Andrews, Leaves Administrator Eileen Labao, Senior HR Consultant

Harvard University is committed to ensuring compliance with all federal and state laws related to protected leaves of absence and disability status.

As a manager, you need to be aware of University policy and Campus Services procedures for handling employee requests for medical leaves and reasonable accommodations.

University Policies and Collective Bargaining Agreements

•Administrative and Professional staff are covered under the University’s Personnel Manual;

•Unionized employees (SEIU Local 615, HUCTW, UNITEHERE! Local 26, ATC, HUSPMGU) have language in their contracts related to leaves of absences which may or may not be different than the Personnel Manual policy;

•Reasonable Accommodation requests are handled under guidelines established by the University in compliance with the American with Disabilities Act (ADA).

Section 1: Leaves of Absence, Related Benefits and the Law

In this session, you will:

Understand the basics of common protected leaves of absence and the related laws.Understand each person’s role when managing an employee’s leave of absence and return-to-work.Learn how an employee is paid for each type of leave.

The Law

Family and Medical Leave (FML): The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees job-protected and unpaid leave for qualified medical and family reasons.

Worker’s Compensation: Massachusetts requires all employers with more than 1 employee to have worker’s compensation insurance. If an employee is injured on the job, they are covered by the University’s program.

Note: Employees out of work due to a work related injury are protected by both FMLA and state disability law.

Length of Leave

FMLA offers job protection to employees for up to 12 weeks (continuous or intermittently) in a 12-month period. Harvard’s general practice is to hold an employee’s job for up to 6-months, unless we are contractually obligated to hold it for a longer period of time or an employee requests an extension of leave as an approved reasonable accommodation. Such requests are reviewed case by case.

ReinstatementIf an employee is out on a medical leave, they are required to provide HR with a return to work note from their treating clinician prior to returning.

FMLA requires the employer to reinstate the employee to the same or an equivalent job with the same pay, benefits, and terms and conditions of employment on return from FMLA-protected leave.

HR also refers reinstatement provisions in the University Personnel Manual or the applicable collective bargaining agreement.

Common Reasons for Leaves of Absence and How Employees are Paid

•Employee is out for their own serious health condition unrelated to work;• Paid by accrued time and/or short-term and or long term disability benefits if

eligible.

•Employee is out for a maternity or paternity leave• Pay depends on employee’s union status and eligibility. May be paid via short-

term disability and/or parental leave if applicable.

•An employee’s child, spouse/partner or parent has a serious health condition and the employee must care for them;

• May utilize dependent sick time and other accrued vacation/holiday/personal time and/or unpaid. Pay is also based on the employee’s collective bargaining agreement if applicable.

•Industrial Accident (IA)• Paid by the University’s worker’s compensation program.

Responsibility of the Manager:• Contact your HR Consultant if an employee has been absent or will be absent for

more than 3 consecutive days;

• If employee has an industrial accident (IA), ensure the accident report form & investigation report are completed and sent to Patti Andrews immediately (please refer to handout with contact information);

• If an employee requests a leave of absence for their own medical issues or those of their child, parent, spouse/partner, direct them to Patti Andrews, Leaves Administrator;

• If an employee provides you with any type of medical documentation, send it to Patti Andrews or your HR Consultant immediately. Do not maintain any employee medical information in your department;

• In coordination with HR, ensure employee is paid correctly for time out on leave;

Responsibility of Human Resources:

•Manage all communications with employee regarding their leave of absence;

•Maintain all documentation and medical notes related to their leave;

•In coordination with the manager, ensure the employee is paid correctly;

•Ensure processes and procedures are followed consistently;

•Communicate to manager regarding employee status and return to work;

•Coordinate the return to work date and reinstatement;

•When appropriate, share Reasonable Accommodation information with employee.

Responsibility of the Employee:

•Alert HR or their Manager of their need for a protected leave of absence;

•Complete all relevant paperwork;

•Maintain communication with HR and the University’s STD/LTD/WC provider;

•Notify HR of return to work intent;

•Provide return-to-work note indicating return-to-work date with or without restriction(s).

Other Types of Leaves

Massachusetts Maternity Leave (MML): The Massachusetts Maternity Leave Act (MMLA) is a state law which allows for up to 8 weeks of unpaid maternity leave to covered employees. Most times, FML and MML will run concurrently. An employee may still eligible for MML even if they have exhausted their FML.

Small Necessities Leave (SNL): The Small Necessities Leave Act (SNLA) is a state law which allows for up to 24 hours of unpaid time off for covered employees for certain family obligations.

Military Leave (USERRA): Harvard grants leaves of absence and extends reemployment rights to employees who engage in military service, in accordance with applicable law. 

Section 2:

Reasonable Accommodation Process

In this session, you will:

Understand what a Reasonable Accommodation is.Understand each person’s responsibility during the Reasonable Accommodation interactive process.

Disability: 3-Prong Definition

Physical or mental impairment that substantially limits one or more major life activities;

Record or history of such a physical or mental impairment;

Regarded as having such a physical or mental impairment.

Major life activities include, but may not be limited to:

•Caring for oneself •Hearing•Speaking•Breathing•Learning•Working•Walking•Performing manual tasks•Eating

• Sleeping• Standing• Lifting• Bending• Reading• Concentrating• Thinking• Communicating• Operation of a major bodily

function

What is a Reasonable Accommodation (RA)?

Reasonable accommodation is any modification to a job, an employment practice, or the work environment that makes it possible for a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions.

A reasonable accommodation is not: redefining the essential functions of a job or reassigning that work to another employee.

Any request for reasonable accommodation must be explored on a case-by-case basis

Examples of an RA: modified schedule, ergonomic equipment, adaptive technology, temporary lifting restriction, latex-free glove, etc.

When Could an Accommodation Be Requested?

•Any time an employee who is actively working believes they may need a reasonable accommodation in order to perform the essential functions of their job;

•When an employee is returning from an FML, STD, LTD or WC leave of absence;

•When an employment applicant needs a reasonable accommodation during the application process.

If any employee or applicant indicates they need an accommodation, contact Human Resources immediately.

Reasonable Accommodation Request Process

When an employee requests a Reasonable Accommodation, the interactiveprocess begins.

University Disability Services (UDS) facilitates the interactive dialog with the employee, manager, healthcare provider and Human Resources.

Who is University Disability Services (UDS)?

Under the Office to the Assistant to the President for Institutional Diversity and Equity (H-OAP), University Disability Services (UDS) provides leadership to the University efforts to ensure an accessible, welcoming working and learning environment for people with disabilities while ensuring compliance with federal and state regulations.

UDS serves as a central resource on disability-related information, procedures and services for the University community.

University Disability ServicesSmith Campus CenterWebsite: accessibility.harvard.eduEmail: disabilityservices@harvard.eduTelephone: 617-495-1859

Website: accessibility.harvard.eduWebsite: accessibility.harvard.edu

UDS Website

•Forms

•Information

•Resources

Responsibility of the Manager

•Contact HR immediately If an employee provides a medical note that is requesting an accommodation (ex: needs a phone amplifier, must wear nitrile-free gloves, etc.);

•Send all medical documentation to Human Resources. HR will provide instructions on next steps to you and the employee;

•Participate in the interactive process;

•Ensure any approved accommodation is in place for the employee for the required duration and alert HR to any questions or concerns.

Responsibility of Human Resources

•Provide guidance on process and resources to employee and manager;

•Send Reasonable Accommodation (RA) Request forms to employee (email, via manager, regular mail, etc.);

•Coordinate return-to-work (STD, LTD, WC) accommodation requests with University Disability Services (UDS);

•Collect completed RA form, log into database and send to UDS along with the employee’s job description;

•Participate in the interactive process.

Responsibility of Employee

•Notify HR or manager of need for a reasonable accommodation;

•Complete the Reasonable Accommodation Request form in a timely manner and return it to Human Resources;

•Participate in an interactive process;

•Communicate with healthcare provider as needed and ensure that medical documentation is submitted in a timely manner;

•Comply with the accommodation put in place.

Questions?