Posts filed under ‘9. Employee Benefits, Leaves of Absence, and Entitlements’

Employee Benefits

Employee Benefits

  1. ELIGIBILITY: Transition Projects employees are eligible for portions of the benefits package as indicated in the grid below:
    HOURS TRIAL AND REGULAR TEMPORARY
    Full-time
    (37 through 40 scheduled hours per week)
    1. Full accrued sick/vacation
    2. All nine holidays
    3. Employment related insurance
    4. Full amount of full-time benefit package effective the first day of the fourth month following date of hire.
    5. Eligible to participate in 401(k) plan
    1. No accrual for sick or vacation time
    2. Holidays occurring during days of employment
    3. Employment related insurance
    4. No health or dental coverage
    5. No step salary increases
    6. Not eligible for 401(k) plan
    Part-time
    (20 through 36 scheduled hours per week)
    1. Sick/vacation time accrued as a percentage of time worked
    2. Holidays as a percentage of time worked
    3. Employment related insurance
    4. Full amount of full-time benefit package effective the first day of the fourth month following date of hire.
    5. Eligible to participate in 401(k) plan
    1. No accrual for sick or vacation time
    2. No paid holidays
    3. Employment related insurance
    4. No health or dental coverage
    5. No step salary increases
    6. Not eligible for 401(k) plan
    Limited Part-time
    (less than 20 hours per week)
    1. No sick/vacation time accrued
    2. No paid holidays
    3. Employment related insurance
    4. No health or dental coverage
    5. Eligible for step salary increases
    6. Not eligible for 401(k) plan
    1. No sick/vacation time accrued
    2. No paid holidays
    3. Employment related insurance
    4. No health or dental coverage
    5. No step salary increases
    6. Not eligible for 401(k) plan

  2. COMMENCEMENT OF BENEFITS COVERAGE: For eligible employees, benefits commence as below:
    • Employees receive paid holidays from date of hire.
    • Employees commence accruing and may consume sick leave from date of hire.
    • Employees commence accruing vacation leave from date of hire, but consumption of vacation leave is deferred until conclusion the initial Trail Service Period (after six full months of employment).
    • Employees may enroll in cafeteria plan benefits (medical, vision, Employee Assistance, Long Term Disability, and optional benefits) on the first day of the fourth full month of employment.
    • Employees may enroll in the 401(k) Deferred Compensation Plan on the first day of the month following one full year’s employment.
  3. VACATION LEAVE

    Accrual Rate:
    Full-time employees in the trial period or on regular status who are working 40 hours per week accrue vacation at the following annual rates:

    Years of Employment Vacation Days/Yr Vacation Hours/Yr
    1st Year 10 80
    2nd Year 11 88
    3rd Year 12 96
    4th — 9th Years 15 120
    10th + Years 20 160

    Vacation time is earned based on hours worked. The rates at which vacation pay is earned are shown below based on length of employment.

    YEARS OF EMPLOYMENT 1st 2nd 3rd 4th–9th 10th+
    a) Yearly Work Hours 2080 2080 2080 2080 2080
    b) Vacation Hours 80 88 96 120 160
    c) Sick Hours 96 96 96 96 96
    d) Holiday Hours 72 72 72 72 72
    e) TOTAL HOURS WORKED 1,832 1,824 1,816 1,792 1,752

    The accrual rates for vacation hours are calculated by dividing the vacation hours available per year (b) by the total hours per year (e). Vacation hours earned per hour worked are:

    YEARS OF EMPLOYMENT 1st 2nd 3rd 4th–9th 10th+
    Vacation hours earned per hour worked .0437 .0482 .0529 .0670 .0913

    Employees will earn vacation time as a percentage of full-time worked. Limited Part-time and Temporary employees will not earn any vacation time.

    Vacation Requests:

    • Employees will not be permitted to use their accumulated vacation time until they have completed their six month trial period. Note that accumulated sick leave can be utilized during this period.
    • Employees must submit a vacation request form to their immediate supervisor at least two weeks prior to the requested time off. Vacation requests must be approved by the immediate supervisor. A response to the employee’s request shall be made within seven days.
    • Authorization of requested vacation time shall not be unreasonably withheld but the supervisor will only approve vacation time if s/he can ensure that sufficient employees will remain on duty to meet client and/or agency needs. Approval of vacation time in writing shall be a firm commitment to the employee.
    • In deciding between various employees’ requests for vacation time when not all requests can be approved, the supervisor shall consider first the impact on the agency of each employee’s absence; second, written requests received earlier by the supervisor will be given priority; and finally, employees with greater seniority shall receive priority.
    • Authorization in writing for vacation time will not be granted more than six months in advance of the vacation date.

    Accrual Cap: Employees may accrue leave hours up to a total equal to one and one-half years’ accrual. Employees at the accrual cap will accrue no further leave until they have diminished their balance.

    At Termination: Employees leaving Transition Projects will be compensated for vacation time accrued but not used up to the accrual cap. Vacation hours will be paid at the hourly rate of the employee on the termination date.

  4. SICK LEAVE: Sick leave is intended to provide paid time off in the event of injury or illness. This allows our staff to attend to their (and their families’) bona-fide illnesses, and prevents those who might be contagious from infecting co-workers and clients.

    Employees are encouraged to maintain a sick leave balance of at least forty hours for unanticipated serious illness or injury. The Agency retains the right to require verification of illness by a licensed physician. We also retain the right to require an employee to have a physical examination at the request of the agency and at the agency’s expense to verify ability or inability to work.

    Control of sick leave and prevention of sick leave abuse is a management responsibility. Excessive use of sick leave (often evidenced by using sick leave as rapidly as it accrues) or use that demonstrates a pattern of absenteeism may result in disciplinary action. See the discussion of Punctuality and Attendance in Section III.

    Family and medical leaves of absence are discussed at Subparagraph B, Leaves of Absence, below.

    Accrual Rate: Regular full-time employees will earn eight hours of paid sick leave per month of employment. Part-time employees will earn sick leave as a percentage of full-time worked.

    Sick leave is credited each pay period at the time salary for the period is calculated. At this time sick leave hours earned for the period are added to the employee’s total and hours used as sick leave are subtracted. Sick leave is earned on the basis of hours worked. Accrual is calculated in the same manner as vacation time. (See below for calculation method.) Sick leave will not be accrued for overtime worked, travel time outside normal working hours and unpaid absences from work.

    Sick leave hours earned per hour worked are:

    YEARS OF EMPLOYMENT 1st 2nd 3rd 4th–9th 10th+
    Sick leave hours earned per hour worked .0524 .0526 .0529 .0536 .0548

    Sick leave hour accruals are reflected on your paycheck every pay period. If you have questions regarding your accruals, contact the Fiscal Department.

    Accrual Cap:No more than 140 hours of sick leave may be accrued by any employee. After 140 hours are accrued, further accruals will be halted until the employee has reduced his/her sick leave balance. Limited Part-time, on-call, and Temporary employees will not earn any sick leave.

    At Termination:Employees leaving Transition Projects will not be compensated for unused accrued sick leave.

    Mental Health Day:Once per quarter, an employee may request a mental health day using sick leave hours. The employee must give their supervisor at least 48-hours notice. The supervisor may disapprove the request. A mental health day may not be scheduled in conjunction with vacation time.

    Sick Leave Donation:The Agency recognizes that employees may suffer an illness or medical condition of lengthy duration that exhausts their sick leave bank. Employees may receive sick leave donations from other employees so long as the employee receiving the donation:

    • Has concluded his/her Trial Period.
    • Is not on a paid or unpaid suspension pursuant to formal discipline.
    • Is dealing with a condition anticipated to last longer than 10 days.
    • Is dealing with a condition that would meet Family and Medical Leave eligibility standards, for example:
      • for a serious health condition, or
      • to care for the employee’s spouse, domestic partner, child, or parent who has a serious health condition, or
      • to care for the employee’s child after birth, adoption or fostering.

    If an employee meets the above requirements and desires sick-leave donations, s/he should make this desire known to the Human Resources Director. The Human Resources Director will validate eligibility, and will then prepare an all-staff communiqué which protects both the identity of the requesting employee and the condition. The communiqué will advise staff that a colleague is faced with a serious family/medical condition and has requested sick leave donations.

    An employee wishing to donate sick leave:

    • Must have adequate sick leave hours accrued, and by donating may not take their personal sick leave balance below 40 hours.
    • Should communicate in writing to the Human Resources Director that they desire to donate sick leave and the number of hours they wish to donate. E-mail meets the standard.
    • Is doing so on an absolutely voluntary basis. There is no expectation that any employee should donate sick leave under any circumstance.

    Donated hours will be valued at the receiving employee’s leave valuation rate. Only hours sufficient to cover the requesting employee’s needs will be transferred.

  5. HOLIDAYS: The following holidays are recognized by Transition Projects as paid holidays for all benefits-eligible employees.
    Holiday Observance
    New Year’s Day January 1
    Martin Luther King Jr’s Birthday Third Monday in January>
    Presidents’ Day Third Monday in February
    Memorial Day Last Monday in May
    Independence Day July 4
    Labor Day First Monday in September
    Thanksgiving Day Fourth Thursday in November
    Day after Thanksgiving Fourth Friday in November
    Christmas Day December 25

    When a holiday falls on a Sunday, it shall be observed on the following Monday. When a holiday falls on Saturday, it shall be observed on the previous Friday. Persons regularly scheduled to work on a Saturday or Sunday may take that day as the holiday, rather than Friday or Monday.

    Employees who are required to work on a holiday will have the option to take another day off within six (6) months of the holiday or to receive pay both for the time worked and for the holiday. In no case may an employee accrue more than 24 hours of deferred holiday time within a six (6) month period. Scheduling the deferred holiday time off will be by agreement of the employee and the supervisor.

    An employee who desires but is not required to work on a holiday may do so with the approval of his/her supervisor. When such approval has been granted, the employee will have the option to take another day off within six (6) months of the holiday or to receive pay both for the time worked and for the holiday. In no case may an employee accrue more than 24 hours of deferred holiday time within a six (6) month period. Scheduling the deferred holiday time off will be by agreement of the employee and the supervisor.

    Trial and regular status part time employees will receive paid holiday time according to their scheduled hours. Holiday pay is determined by the percentage of full time that the employee is scheduled. For example, if a part time employee is scheduled for 20 hours per week (50% of full time), the employee will receive 50% of the eight hour holiday, i.e., four hours. All employees who are Trial, Regular or have Temporary Full-time status will receive eight hours of paid holiday time for each holiday even if the employee works a flexible-hour schedule such as four days of ten hours each (instead of five days of eight hours each).

    5B: VETERAN’S DAY
    This policy is applicable to all employees who are veterans, including temporary, on call, and trial service employees. Employees who are veterans as defined in ORS 408.225 will be provided with paid or unpaid time off for Veterans Day if:

    • The employee provides the employer with:
      • At least 21 calendar days’ notice that the employee intends to take time off for Veterans Day using time off request forms developed for that purpose; and
      • Documents showing that the employee is a veteran as defined in ORS 408.225.
      • The holiday request and supporting documents must be presented to the employee’s manager at least 21 calendar days prior to Veteran’s Day.

    Time off for Veterans Day will be unpaid unless the employee opts to use accrued vacation leave.

    If Transition Projects determines that providing time off as discussed above would cause significant economic or operational disruption, or undue hardship as described in ORS 659A.121, we are not required to provide time off as discussed above.

    Transition Projects shall, at least 14 calendar days before Veterans Day, notify all eligible employees who requested time off under the provisions of this policy whether the employee will be provided time off for Veterans Day and whether the time off will be paid or unpaid.

    If Transition Projects determines that we cannot provide time off to all of the employees who requested time off under the provisions of this policy, we shall either:

    • Deny time off to all employees who requested time off; or
    • Deny time off to the minimum number of employees needed by the employer to avoid significant economic or operational disruption, or undue hardship as described in ORS 659A.121.

    Transition Projects shall allow an employee who is a veteran and who does not receive time off for Veterans Day to choose, with employer approval, a single day off within the year after the Veterans Day on which the employee worked as a replacement for Veterans Day to honor the employee’s service.

  6. CAFETERIA PLAN BENEFIT PACKAGE: Transition Projects provides access to multiple benefits for full-time and part-time employees. The composition of the benefits package is discussed below. The benefit package is available the first day of the employee’s fourth calendar month of work. Premium offsets are as prescribed in the Collective Bargaining Agreement.

    Benefits-eligible staff will meet with the Benefits Administrator, typically during the third month of employment, to enroll in the benefits discussed below and to receive detailed membership guidance and Summary Plan Descriptions.

    Employer-provided Benefits

    • VOLUNTARY DENTAL: Summary Plan Descriptions will be made available at benefits enrollment during the third month of employment.
    • VOLUNTARY SHORT TERM DISABILITY: Protects income in the event of a qualifying non-work-related illness or injury of substantial duration. Provides such coverage typically for the first ninety days of a qualifying event.
    • VOLUNTARY LIFE/ AD&D: Term life insurance with accidental death and dismemberment provisions.
    • VOLUNTARY ACCIDENT INSURANCE: Protects against costs associated with off-job accidents/sickness and hospital confinement.
    • VOLUNTARY SECTION 125/132 FLEX PLANS: Full flex plans for premium deductions, parking expenses, unreimbursed medical expenses, and dependent care. Plan is employee-funded using pre-tax dollars.

    Retirement Plan:Commencing the first day of the month following one full year of employment, employees may choose to participate in a 401(k) deferred compensation plan. Employer match is subject to review and change with each budget cycle.

    Training Reimbursement:See discussion in Section VI-D. Full-time employees may be reimbursed for some discretionary off-premises training up to an amount equal to the current rate for a three-credit class at Portland Community College. Eligibility and restrictions are discussed at Section VI-D.

    Volunteer Hours Exchange:The Agency encourages employees to volunteer at other agencies, both to increase their knowledge of services and to support other efforts at reducing homelessness and poverty. Employees will be allowed to exchange volunteer time for work hours under the following conditions:

    • The purpose of the volunteer work must be to reduce homelessness and poverty. Regular employees working 30 or more hours per week are eligible for participation. Participants must be prepared to report about their volunteer experience.
    • Volunteer time away from an individual’s worksite cannot exceed more than four hours per calendar month. The staff person is responsible for arranging adequate coverage for the time away from the worksite. Individuals must obtain approval from their supervisor at least two weeks prior to doing paid volunteer work.
    • Time off must be taken within the Sunday through Saturday workweek and the same pay period in which the volunteer work takes place. Whenever practicable, the time off is to be taken the same day as the volunteer work. Verification of volunteer work must be attached to the time sheet.


Civic Duty, Military, Bereavement, and Personal Leaves of Absence

Civic Duty, Military, Bereavement, and Personal Leaves of Absence

  1. JURY DUTY LEAVE
    Employees subpoenaed for jury duty must notify their manager or supervisor as soon as possible so that coverage can be arranged. Transition Projects will pay the difference between any compensation for witness or jury duty and the employee’s regular rate of pay for up to three days. A statement of earnings from the Court must be submitted to payroll in order to receive payment. Should the obligation extend beyond three days, employees may use accrued leave or request unpaid time off for the period exceeding three days. Individuals who are on call for jury duty are expected to report to work should they be dismissed for the day during their regular working hours.

    Transition Projects views jury duty as a fundamental responsibility of citizenship. However, if it is felt that the employee’s absence would create an undue hardship on the employee or on the organization, the organization may request (with the employee’s full and willing agreement) that the employee be excused from jury duty.

  2. WITNESS DUTY LEAVE
    Employees who are required to appear in court or in a state or federal administrative proceeding to testify under subpoena or court order must notify their manager or supervisor as soon as possible so that coverage can be arranged. Transition Projects will pay the difference between any compensation for witness or jury duty and the employee’s regular rate of pay for up to three days. A statement of earnings from the Court must be submitted to payroll in order to receive payment. Should the obligation extend beyond three days, employees may use accrued leave or request unpaid time off for the period exceeding three days.

    Employees appearing in court on behalf of Transition Projects will be on a paid time/duty status.

  3. MILITARY
    An unpaid military leave of absence may be requested by an employee who has bona fide orders to temporary, active, or active-duty-for-training duty. The employee may request to use any accrued leave time. Employees are guaranteed a position with Transition Projects at the end of an approved Military Leave at the same rate of pay but not necessarily the same position, duties or location.

    Except as required by law, Transition Projects will discontinue leave accrual and benefits payments for any employee who is in a leave without pay status for a period exceeding thirty days. In order to maintain insurance coverage, the employee must self pay all insurance premiums.

  4. BEREAVEMENT LEAVE
    Transition Projects will grant Bereavement Leave of up to three paid days per occurrence (plus two days’ travel time if the funeral is more than 300 miles from the employee’s home) to employees upon the death of an immediate relative, including; parent, current parent-in-law, guardian, grandparent, sibling, current sibling-in-law, son- or daughter-in-law, child, spouse, or domestic partner. “Guardian” is defined as a person who functions/functioned in loco parentis. Employees will be required to provide some verification of the event, such as obituary, funeral announcement or death certificate, before leave will be credited as bereavement leave. Employees who require additional time off may request personal leave.
  5. PERSONAL LEAVE OF ABSENCE (UNPAID)
    Regular employees may request unpaid personal leave of absence for up to a cumulative total of 90 calendar days in any 18-month period. Approving leaves of absence will be at the complete discretion of the Executive Director, and the employee shall have no right to challenge an adverse decision. Among the factors that determine whether the request will be approved are:
    • The reason for the request;
    • Employee’s length of service;
    • Performance, attendance, safety, and disciplinary history and/or records;
    • Any previous leaves of absence (and the length/purpose of such leaves);
    • Customer service obligations of requesting employee’s department, location, and/or job;
    • Employee’s commitment to return to work immediately following the leave

    A personal leave which has been granted for fewer than 90 calendar days may be extended to 90 days, provided that the extension is requested prior to the expiration of the original leave and the reason for the request meets the above standards. Employees must use all earned vacation pay prior to going on unpaid status. Employees on personal leave of absence are responsible to pay their entire healthcare premium. Upon conclusion of the leave of absence, the employee will be reinstated into the position vacated to take the leave or, if it is no longer available, a position as similar as possible to the position vacated.


Disability, Family, and Medical Leaves

Disability, Family, and Medical Leaves

This section discusses leaves of absence pursuant to the Family and Medical Leave Act (FMLA), Oregon Family Leave Act (OFLA), and other disability, family, or medical situations not specifically addressed byFMLA/OFLA. For brevity, all such leaves are subsequently referred to as “medical leaves” or “medical leaves of absence”.

  1. Rules Governing Medical Leaves of Absence
    1. Applying For a Leave. The employee is responsible to make all arrangements for a leave of absence or extension and to provide any required medical or other documentation. All requests for leaves must be submitted to the Human Resources Director with an explanation of the need for the leave, the intended or estimated start and return dates, and for some leaves a timely, fully completed U.S. Department of Labor medical certification form.

      Employees must request leave as soon as is practicable. When the need for leave is known 30 or more days in advance, employees must make a written request for leave at least 30 days before the leave is to begin. Absent timely notice, the Agency may deny or delay the start of leave for up to 30 days in some circumstances, and/or reduce the maximum leave by three weeks. The employee may also be subject to disciplinary action.

      In unusual or emergency situations, the employee must make an oral request for leave within 24 hours (or as soon thereafter as is practicable). All oral requests for leave must then be confirmed in writing as soon as is practicable and in no event later than three calendar days after return to work. Employees must also consult with their supervisor and the Human Resources Director when scheduling intermittent leave for planned medical treatment in order to arrange the least disruptive schedule.

      Employees using vacation or sick leave to cover missed time need comply with the notice provisions of those policies.

      Employees may be required to make regular telephonic contact with their supervisors or Human Resources to discuss their status. Violations of this rule will be treated as any other “call-in” violation.

    2. Notification of Approval. The Human Resources Director or Executive Director must approve all medical leaves. Employees will be notified in writing when leave (or leave extension) requests have been approved. Employees missing time prior to approval run the risk that the request may be denied and the missed time counted will be against them for attendance purposes. Pending notification of approval, employees must follow our call-in rules each day.
  2. Family Medical Leave Act (FMLA) and Oregon Medical Leave Act (OFLA)

    Both Federal and State law outline protected medical leave with qualifying circumstances. The federal Family and Medical Leave Act (FMLA) and the Oregon Family Leave Act (OFLA) are separate and differ somewhat in benefits although both may and often do run concurrently. In administering medical leaves, the Agency will always use the law that is more favorable to the employee.

    Employees are required to give at least 30 days written notice, or as much as possible for a medical leave. We may ask employees for a medical certification of the leave and for the return to work from leave. This notice should contain the reason for taking leave, their anticipated date of leaving and their date of return.

    To qualify for leave benefits under OFLA, employees must have worked for Transition Projects for at least 180 calendar days and for an average of 25 hours per week (for parental Leave, employees must have been employed for 180 calendar days with no minimum number of hours). To qualify for leave benefits under FMLA, employees must have worked for Transition Projects for at least 12 months and have worked at least 1,250 hours during the 12 months immediately preceding the leave.

    Family and Medical Leaves may be used for the following circumstances:

    • An employee’s own serious health condition
    • To care for the serious health condition of a spouse or partner, child, or parent, including in-laws
    • To care for a newborn or newly placed or adopted child or adult dependent
    • Pregnancy; including pre-natal care, childbirth and recovery
    • Military Family Exigency

    Twelve weeks of unpaid job-protected leave is provided to eligible employees during a twelve month period for any combination of family and medical conditions. Female employees may be eligible for an additional twelve weeks of Family and Medical Leave if Leave is taken for birth, adoption, or placement of a minor foster child. A man or woman using the full 12 weeks of OFLA parental leave may take up to an additional 12 weeks for sick child leave. In addition, Family and Medical Leave may be taken intermittently or on a reduced schedule if the above conditions are met.

    Employees are required to use all accrued paid leave (vacation and sick) before taking any unpaid leave. Transition Projects will continue to pay the employer contribution toward an employee’s healthcare insurance premiums during a Family and Medical leave. During any unpaid leave, the employee will be required to pay his/her portion of premium. Employees will be returned to either their same position or an equivalent position with similar duties and the same pay rate and benefits so long as they return to work before the expiration of their job protected leave time.

    FMLA Poster
    OFLA Poster

  3. Leave for Disabled Workers: This summarizes our policies regarding disability leaves. Some such leaves may also be entitled to protections under OFLA or FMLA or under state Injured Worker law.
    1. Disability Leaves of Absence. Each employee is eligible for a disability leave of absence for recovery from bona fide disabling illnesses or injuries. Except as otherwise allowed by law (such as OFLA or FMLA and Oregon injured worker laws), disability leaves are limited to a cumulative total of 24 weeks in any 18 month period. This includes on- and off-the-job illnesses, injuries and conditions, including the period of time a woman is disabled because of pregnancy, childbirth, or related medical conditions or occurrences. Each employee is required to use all available sick leave and then must use all available vacation time prior to taking unpaid time off.

      Disability leaves are always granted for an estimated period of time. In order to return to work earlier, or to extend the leave, the employee must contact the Human Resources Director to make appropriate arrangements.

      After an absence of 30 consecutive days, the employee must contact the Human Resources Director at least once a week to report his/her status..Violations of this rule will be treated as any other “call-in” violation.

      An employee on disability leave is also subject to the rules listed in “Our Rules Governing Leaves.”

    2. Coordination of Disability and FMLA/OFLA Leaves. An employee whose combined use of FMLA and/or OFLA leave exceeds the statutory maximum or who is not eligible for OFLA or FMLA leave may still be eligible for unpaid disability leave in accordance with this policy for a total (counting any period of FMLA- or OFLA-qualifying disability leave) of up to 24 weeks in any consecutive 18-month period. In some circumstances an employee may also be entitled to additional leave time under other federal and/or state laws. However, benefits and reinstatement policies under this additional leave differ from FMLA or OFLA leave. See “Benefits While on Leave” and “Reinstatement Policies”.
  4. Medical Certifications, Recertifications, Medical or Professional Excaminations, and Return-to-Work Releases
    1. Initial Medical Certification
      1. For the employee’s own condition. For leaves due to an employee’s own health condition, we require written certification from the treating health care provider(s). The health care provider must review the essential job functions and certify that the condition prevents the employee from performing at least one of them.
      2. For other family members. For leaves due to a family member’s health condition, we require written certification from the treating health care provider(s) (except for the illness of a child requiring home care that does not qualify as a serious health condition unless the employee has missed three workdays in the last 12 months for that reason).
      3. Time Limits and Required Forms. We use the U.S. Department of Labor medical certification form (available from the Human Resources Director) for all medical leaves. The form must be fully completed and returned prior to the start of any leave for which there is 30 days’ advance notice.

        In other circumstances (for example, in emergencies or other unusual circumstances where it was impossible to foresee the need for leave that far in advance)the employee must return the completed form as soon as possible and normally within 15 calendar days of the date the employee desires to begin (or has begun) the absence, or our request for certification or recertification. An employee who fails to provide a timely, fully completed certification or recertification may be denied continuation of the leave and/or may be subject to disciplinary action up to and including termination.

    2. Medical Recertifications. We normally require employees to provide recertification of the medical need for continuing leave every 30 days, and more often in certain situations (for example, when one requests an available extension of a leave, where circumstances have changed significantly, or we have received information casting doubt on the validity of the prior certification). See “Time Limits and Required Forms” immediately above for other requirements.
    3. Medical/Professional Examinations. We may request a second (or third) medical opinion (except for a sick child requiring home care who does not have a serious health condition) at our expense if we question the employee’s initial certification. Otherwise, we may question any medical certificate or release and require any additional information we feel is appropriate under the circumstances. We may also initiate an unpaid leave of absence and/or require medical or other professional examinations at our expense in circumstances where the employee’s performance, conduct or behavior, the nature of the job and/or the employee’s condition raises a concern regarding fitness for duty or ability to safely perform regular job duties.
    4. Return-to-Work Releases. An employee who is absent for five or more workdays in any 30-day period because of an illness, injury or other condition (other than one returning from intermittent leave) will be required to provide a return-to-work release confirming that the health-care provider has reviewed the essential job functions and is releasing the employee to perform them. The release may also specify some restrictions or limitations. This release is required before the employee will be returned to work. We may at our discretion require return-to-work releases for absences of less than five workdays as well.

      All medical releases must clearly explain any limitations or restrictions. The release must clearly state what kinds of duties the employee can and cannot do. Reinstatement may be delayed until we have received a release meeting these standards. An employee who does not provide the required release in a timely manner is subject to disciplinary action up to and including termination.

    5. Out of Pocket Costs. Transition Projects will pay any out-of-pocket cost for a doctor visit or fitness-for-duty certificate that we require. Requests for payment must contain a copy of the bill or receipt from the physician showing the date of the visit. Requests for payment must be submitted to the Human Resources Director within 30 days of the visit.
  5. Reinstatement Policies
    1. Reinstatement Requests. All requests for reinstatement must be made to the Human Resources Director. An employee who was able or released to return to work (including light-duty or modified work) and does not contact the Human Resources Director within two working days will be charged with a call-in violation for each additional workday missed. (Three call-in violations in any 12 months generally will result in termination, as will three consecutive workdays’ absence without notice unless, in our opinion, the failure to notify was clearly beyond the employee’s control.)
    2. Basic Reinstatement Policy. Reinstatement is always subject to what the employee’s employment status would have been at the time of the request had the employee not been on leave. For example, if the employee would have been on reduction in force (rather than on leave) had s/he been actively working, s/he will be placed on that status. Similarly, if s/he would have been assigned to another job, shift, and/or work schedule, s/he will be reinstated to that job, shift, and/or work schedule.
    3. Reinstatement from OFLA/FMLA Leave. Employees returning from OFLA or FMLA leave will be reinstated to their former job if it exists. If the former job does not exist, reinstatement will be to a job with equivalent status, pay, benefits and other employment terms. In those unusual situations where neither the former nor an equivalent job is available under OFLA or FMLA, reinstatement rights will be determined by our Basic Reinstatement Policy (above). Employees who were on leave due to their own health condition may be required to provide a return-to-work release. An employee’s seniority rights are not affected when on OFLA/FMLA leave or in reinstatement from OFLA/FMLA leave.
    4. Reinstatement from Other Leaves. Employees who request reinstatement within 30 calendar days after starting their original leave generally will be reinstated to their former job if it exists. If the former job does not exist, and except as otherwise allowed by law (such as Oregon injured worker laws), employees generally will be reinstated to any vacant job that we deem suitable. If the employee requests reinstatement after the 30 days, s/he generally will be returned to the former job if it is vacant or, if not vacant, to any vacant job we deem suitable, provided that s/he is medically released. (A job is “vacant” if it exists, has not been filled by another employee, and in our judgment needs to be filled.) If no such job is vacant, the employee will be placed on lay-off status. An employee who is still on reduction in force after 90 calendar days will be separated from employment.
    5. Reinstatement Offers. An offer of reinstatement may be made orally or in writing to the last telephone number or address in the employee’s personnel file. It is the employee’s obligation to keep us informed of any changes. The offer will identify the available job and specify when to report to work. An employee who refuses an offer or does not report to work on the specified date will be considered a voluntary quit and will lose all reinstatement or reemployment privileges.
    6. “Light-Duty” Work. We will attempt to provide temporary light-duty or modified work to employees who are released to work with restrictions. Since our objective is to get disabled employees back to their regular jobs as quickly as possible , and at the same time not to place anyone in a position where he/she might suffer another injury or aggravation , an employee with a restricted (limited-duty) release will not be considered for any job until we receive a satisfactory medical release. An employee who is placed in a light-duty, modified or other temporary job will be compensated at an appropriate rate determined by the agency.
  6. Benefits while on Leave of Absence or Reduction in Force
    1. Our Policy. An employee on leave of absence must use all earned sick time and then all earned vacation time before going on unpaid status. An employee on reduction in force will be reimbursed for all unused vacation time before going on unpaid status.

      Except as required by law (see “Benefit Coverage While on OFLA or FMLA Leave” immediately below), we will continue paying our share of the cost of the employee’s insurance and benefits coverage through the end of the month in which any leave or reduction in force takes place. If the employee continues to meet eligibility conditions under the particular plan, s/he may then be able to continue coverage at his/her own expense. See “Election for Continuance of Coverage upon Separation”.

    2. Benefit Coverage While on OFLA or FMLA Leave. Extended Continuation of Benefit Coverage. We will continue paying our share of the cost of health coverage while the employee is on OFLA or FMLA leave on the same conditions as if s/he was working or for the length of time that the absence was covered by pay of some kind (e.g., sick pay or vacation), whichever is longer, but the employee will be responsible for continuing to make any payments normally required of him/her. The employee will be responsible for paying the premium for other types of employee-option insurance (for example, disability or life insurance). While on paid leave ( using sick pay or vacation time), any required employee payments will continue to be deducted from the employee’s payroll check as usual.
    3. Employee Payments. Employees required to continue making employee payments for coverage and who are on unpaid leave must submit premium payments to the Human Resources Director no later than the 20th day of the prior month. If a required payment is more than 30 days late, the employee’s health coverage and any life insurance and disability coverage will lapse and the termination of coverage may be retroactive to the date the unpaid premium was due.
    4. Reinstatement of Coverage. Employees who elect to let their group coverage lapse while on leave may immediately reinstate coverage upon returning to work.
    5. Loss of Coverage. We are not obligated to continue any health or other benefits coverage if the employee informs us that s/he does not intend to return to work, fails to return from leave, or exhausts his/her OFLA or FMLA leave.
    6. Our Right to Recover Benefit Payments from You. If we pay the employee’s share of any part of benefit coverage, the law allows us to recover those amounts from the employee upon his/her return to work. If the employee does not return to work at the end of the leave, the law allows us to recover from the employee these premiums as well as the premiums we paid to continue his/her coverage while s/he was on leave unless the failure to return to work is due to:
      • the continuance, recurrence or onset of a serious health condition (appropriate medical certification must be provided within 30 days of our request)
      • other circumstances beyond the employee’s control (such as a reduction in force, the employee’s spouse’s transfer to a job location more than 75 miles from the employee’s workplace, or a need to care for someone other than an immediate family member)

      NOTE: “Return to work” for FMLA purposes means that the employee returned to work for at least 30 calendar days unless retired.

      If we are required or elect to pay any part of the cost of providing health, disability, life or other coverage that the employee should have paid under the terms of our policies, OFLA and/or FMLA and which the law allows us to recover from the employee, we will give the employee the opportunity to make arrangements to do so. If we are unable to make satisfactory arrangements, we will recover the amount owed to us by deducting up to 10 percent of the employee’s gross pay each pay period, by deducting the total amount owed to us from any final moneys due if the employee does not return to work or separates from employment, and/or by other legal means.

    7. Benefit Continuation Rights. Employees who do not return to work at the end of leave may have rights under federal law (“COBRA”) to continue health coverage by paying the full premium plus a small administrative fee. See “Election for Continuance of Coverage upon Separation”.
    8. Changes in Benefit Plans or Coverage. We will notify employees of any opportunity to change benefit plans or any change in benefits while on OFLA or FMLA leave. Employees are also entitled to any new plans or benefits that they would have received had they not been on OFLA or FMLA leave. Any changes in benefit plans, benefits, plan coverage, premiums, deductibles, etc., which apply to all employees will also apply to employees on medical leave.


Entitlements

Entitlements

  1. Social Security:

    Employees are covered by Old Age, Survivors, Disability, and Medicare Insurance (Social Security). Contributions by each employee and Transition Projects are determined by federal law.

  2. Workers’ Compensation:

    Employees are covered by Workers’ Compensation Insurance, which may pay all medical expenses resulting from an on-the-job injury and a portion of salary lost for absence due to such an injury. This insurance is regulated by the State of Oregon. Employees pay an amount designated by the insurance carrier per working day and the remainder of the premium is paid by Transition Projects. Our current workers compensation carrier is posted at each location. Employees must report all job related injuries to their supervisor or the Human Resources Director within twenty-four (24) hours of their occurrence.

  3. Unemployment Compensation:

    Transition Projects participates in the unemployment compensation plan of the State of Oregon.

  4. Election for Continuance of Healthcare Coverage upon Separation (Consolidated Omnibus Budget Reconciliation Act – COBRA):

    On April 7, 1986, a Federal law was enacted (Public Law 99-272, Title X) requiring that most employers sponsoring group health plans offer employees and their families the opportunity for a temporary extension of health coverage (called “continuation coverage”) at group rates in certain instances where coverage under the plan would otherwise end. This is intended to inform you, in a summary fashion, of your rights and obligations under the continuation coverage provisions of the law.

    If you are an employee of Transition Projects covered by our group insurance you have a right to choose this continuation coverage if you lose your group health coverage because of a reduction in your hours of employment or the termination of your employment (for reasons other than gross misconduct on your part).

    Under the law, the employee or a family member has the responsibility to inform the group insurance provider of a divorce, legal separation, or a child losing dependent status. Transition Projects has the responsibility to notify the group insurance carrier of the employee’s death, termination of employment, reduction in hours, or Medicare eligibility.

    When the group insurance carrier is notified that one of these events has happened, the group insurance carrier will in turn notify you that you have the right to choose continuation coverage. Under the law, you have at least sixty (60) days from the date you would lose coverage because of one of the events described above to inform group insurance carrier that you want continuation coverage.

    If you do not choose continuation coverage, your group health insurance coverage will end.

    If you choose continuation coverage, Transition Projects is required to give you coverage that, as of the time coverage is being provided, is identical to the coverage provided under the plan to similarly situated employees or family members. The law requires that you be afforded the opportunity to maintain continuation coverage for three (3) years unless you lost group health coverage because of a termination of employment or reduction in hours. In that case, the required continuation coverage period is eighteen (18) months. However, the law also provides that continuation coverage may be cut short for any of the following four reasons:

    1. Transition Projects no longer provides group health coverage to any of its employees;
    2. The premium for your continuation coverage is not paid;
    3. The employee becomes covered under another group health plan;
    4. The employee becomes eligible for Medicare.

    You do not have to show that you are insurable to choose continuation coverage. However, under the law, you may have to pay all or part of the premium for your continuation coverage. (The law also says that, at the end of the eighteen (18) month or three (3) year continuation coverage period, you must be allowed to enroll in an individual conversion health plan provided under the group insurance carrier.) The monthly premium for continuation coverage includes a 2% administration fee for processing.



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