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HR Update; January 9, 2009

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New Family & Medical Leave Act Regulations Take Effect January 16

The United States Department of Labor has released final revised regulations implementing the Family and Medical Leave Act (FMLA). The regulations become effective on January 16, 2009. Below are some highlights of the key changes. The Office of the President is currently examining the University’s leave policies to determine what areas need to be updated in order to reflect the changes. Until policy is revised, please contact your assigned Labor and Employee Relations Analyst if you have any questions regarding FMLA.

Key FMLA Changes

Eligible employees: The final regulations allow for a break in service of up to seven years.
Definition of “serious health condition”: The definition “continuing treatment by a health care provider” has been clarified to require that the two visits must occur within 30 days, and the first visit must occur within seven days of the first day of incapacity, absent extenuating circumstances.
Definition of “continuing treatment by a health care provider”: has been clarified to require that the visit must occur within seven days of the first day of incapacity.
Definition of “periodic treatment” of a chronic serious health condition: is defined as at least twice a year.
Qualifying exigency: The final rule defines “qualifying exigencies” as: short-notice deployment; military events and related activities; childcare and school activities; financial and legal arrangements; counseling; rest and recuperation; post-deployment activities; and additional activities.
Intermittent or reduced schedule leave: The final regulations make clear that employers must account for intermittent or reduced schedule leave using an increment no greater than the shortest period of time that the employer uses to account for use of other forms of leave, provided it is not greater than one hour.
Substitution of paid leave: Employers may apply their normal leave policies to the substitution of all types of paid leave for unpaid FMLA leave.
Light duty: The time an employee voluntarily works in a light-duty assignment does not count as FMLA leave.
Employer notice requirements: Employers now have to notify employees of their eligibility to take FMLA leave within five business days (was two), absent extenuating circumstances. Employers now also have five business days in which to notify employees of whether or not leave is designated as FMLA leave, absent extenuating circumstances.
Employee notice requirements: Employers may require employees to follow their usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances, so long as the employer’s usual reporting procedure is not more stringent than the FMLA allows.
Medical certification: Employers (e.g., HR professionals, leave administrators, management officials) may now contact the employee’s health care provider directly and without the employee’s consent; however, the employee’s direct supervisor is prohibited from making contact.

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CONEXIS Updating Website to Accommodate Additional Browsers

The website for the University’s new Flexible Spending Account vendor, CONEXIS, was initially developed to only accommodate Internet Explorer 7 (browser). This has created problems for the MAC users at UC and also for those who do not use Internet Explorer 7. UC began actively working with CONEXIS to resolve this problem as soon as it was identified.

CONEXIS expects to open its website to additional browsers, including Internet Explorer 6, Firefox, and Safari, by the middle of next week. Testing is currently in process to ensure necessary features of the website function properly in these other browser versions. Additionally, the CONEXIS website requires similar browser settings as the University’s At Your Service Online (AYSO) website; therefore, if participants are able to sign in to AYSO, they should be able to use the CONEXIS website as well, once it is revised next week.

In the meantime, participants can call CONEXIS anytime, 24/7, at 1-800-482-4120 to access their account information through the automated phone system; additionally, representatives are available from 5 a.m. to 5 p.m. PT. Employees will need their account number (included on the CONEXIS welcome letter) or Social Security number and date of birth to access account information via the automated phone system.

Please note: no online registration is necessary to use the FSA plans or Health FSA card.

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The UC Learning Center Launches on January 15

Starting next Thursday, UCSF will launch a new learning management system, the UC Learning Center. Employees will be able to login through the Development and Training website to register for classes and pursue online learning.

As part of our ongoing efforts to improve staff professional development, we are pleased to be part of this UC-wide roll out and to implement a powerful new learning management system. The UC Learning Center replaces WebCT and will provide access to the same classes.

Next week, you will see more information posted on our website.

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UC Retirement Readiness Education Programs

Please pass this on to your colleagues, circulate invitations, post the actual scheduled workshops happening near your location, or otherwise re-broadcast these weekly reminders about our valuable (free) education programs for faculty and staff. Bring your lunch, your questions, your spouse/partner ...

Usually there can be at least one (or more) workshop(s) per week scheduled at various UCSF locations around town. For more details and listings for upcoming scheduled presentations, please refer to our Workshops and Presentations Schedules menus found at our local UCSF HR/Benefits website.

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