RIT
Human Resources

Sick Time and Short-Term Disability Plan

Table of Contents

Introduction

Continuing your income while you are Sick/Personal or have a non-work related injury is likely one of your top priorities. It is an RIT priority, too. That's why RIT provides Sick/Personal Leave or Salary Continuation and the Short-Term Disability Plan.

This part of your handbook explains the Sick/Personal Leave and Salary Continuation benefit as well as the Short-term Disability Plan in detail - who can be covered, when you qualify for benefits, and how much the plan pays.

Sick/Personal Leave and Salary Continuation benefits are fully self-insured by RIT from its general assets. Short-term disability benefits are partially funded through an insured arrangement with Prudential covering the component equal to New York State disability benefits. The remainder is self-insured by RIT through its general assets.

Sick/Personal Leave for Non-Exempt Staff

All regular non-exempt employees (full-time, extended part-time, and part-time) are eligible for paid Sick/Personal leave upon hire. During the first fiscal year of employment, a regular full-time non-exempt employee would receive one (1) Sick/Personal day per month, based on date of hire, up to 9 days per year. The employee would receive one day in the month of hire, provided the employee was hired on or before the 15th of the month. During the first fiscal year of employment, a regular extended part-time or part-time employee would receive pro-rated Sick/Personal time based on their standard weekly hours. For all non-exempt employees, Sick/Personal time is calculated and tracked in RIT’s time keeping system in hours, based on the individual’s standard weekly hours.

After the first year of employment, full-time non-exempt staff are credited with 9 Sick/Personal days on July 1. Sick/Personal time for regular extended part-time and regular part-time non-exempt employees is pro-rated. Sick/Personal time for all non-exempt employees is calculated based on the employee’s standard hours per week; therefore, the number of hours of Sick/Personal time per fiscal year is the standard hours per week multiplied by a factor of 1.8 (9 days per year divided by 5 day week).

Example 1 (full-time):

Standard weekly hours = 40
Sick/Personal leave = 40 x 1.8 = 72 hours per fiscal year

Example 2 (extended part-time):

Standard weekly hours = 20
Sick/Personal leave = 20 x 1.8 = 36 hours per fiscal year

The Sick/Personal time will be “front loaded” each July 1st (or upon hire) with the total annual Sick/Personal time hours and the balance will decrease as Sick/Personal time is used. Employees will be able to view the remaining Sick/Personal time through Oracle employee self-service on the online payslip.

Using Sick/Personal Leave

Employees should use Sick/Personal Time leave if they are not at work due to

  1. their own illness (up to 5 consecutive days)
  2. a family member’s illness (up to 5 consecutive days)
  3. personal appointments (e.g., doctor, dentist, teacher conference, etc.)
  4. other time as needed (e.g., car breaks down on the way to work, there is a flood in their basement, etc.)

The employee should notify the supervisor as soon as possible that he/she will be absent. If the employee is scheduling a personal appointment, he/she should notify the supervisor in advance.

Cash-Out of Sick/Personal Leave at End of Fiscal Year

A non-exempt employee who does not use all of his or her current allocation of Sick/Personal leave hours by the end of the fiscal year will receive a cash-out of a portion of the unused Sick/Personal leave hours (does not include Grandfathered Sick/Personal Leave Bank as described below). The employee can choose to take this cash-out as additional taxable pay, or to have it contributed to the employee’s retirement savings account. If taken as taxable pay, the cash-out would be one-half (½) of the employee’s unused Sick/Personal leave hours. If contributed to the employee’s retirement account, the cash-out would be three-quarters (¾) of the employee pre-tax unused Sick/Personal leave.

Example: Mary is full-time and works 8 hours a day for a total of 40 hours per week. She does not use any of her 9 days (72 hours) of Sick/Personal leave during the current year. She can elect to receive her cash-out as follows:

In order to qualify to receive that year’s cash-out, an employee must be an employee on June 30th. Employees who retire on June 30 are eligible for the cash-out. An employee who transfers from non-exempt to exempt status during the year will not qualify for a cash-out. In addition, there will not be a cash-out in the event of termination of employment, including retirement, during the year.

Salary Continuation for Exempt Staff and Faculty (Salaried)

Regular full-time exempt staff and faculty receive salary continuation instead of Sick/Personal leave when absent for five (5) consecutive business days or less.

Grandfathered Sick/Personal Leave Bank

An employee who is on the RIT payroll and has any unused Sick/Personal leave as of June 30, 2005 will have a Grandfathered Sick/Personal Leave Bank. This Grandfathered Sick/Personal Leave Bank would be used as outlined below.

Non-Exempt employees could use the Grandfathered Sick/Personal Leave Bank as Sick/Personal time if they are absent after they use the current year's Sick/Personal time. All employees would be able to use this Grandfathered Sick/Personal Leave Bank to supplement the 80% STD benefit if STD is longer than nine (9) weeks such that they would receive 100% of pay. Similarly, any employee on Workers Compensation for more than nine (9) weeks, could supplement the statutory Workers compensation benefit by using grandfathered Sick/Personal leave to receive 100% of pay. All employees may use grandfathered Sick/Personal time when taking care of a dependent with a serious health condition when approved under the FMLA.

Any grandfathered Sick/Personal leave is used "1-for-1," meaning that if you are absent for eight (8) hours, you will use eight (8) hours of Sick/Personal leave. In other words, you will use one day to supplement any portion of a day absent from work. Grandfathered Sick/Personal Leave is not cashed out upon termination of employment or retirement and is not reinstated if you are rehired at a later time.

Other Information Regarding Absences

Extended Illnesses

When an employee's non-work-related illness or injury extends beyond seven (7) consecutive calendar days, he/she must apply for New York State Disability benefits (refer to short term disability section). When a non-exempt employee who is ill has exhausted accumulated sick leave credits his/her supervisor may classify the absence as excused without pay for a limited period. A pattern of repeated absenteeism may lead to disciplinary action and may be grounds for termination of employment.

Illness in the Immediate Family

Paid time is provided to employees whose presence is required to care for an ill member of their immediate family. "Immediate family" for the purpose of this policy is defined as: spouse/domestic partner, child, step-child, ward, mother, mother-in-law, father, father-in-law, brother or sister. A non-exempt employee may use up to 5 consecutive accrued Sick/Personal leave days per incident. An exempt employee may use up to 5 consecutive salary continuation days per incident. Periods of such absence beyond five consecutive working days require the use of vacation time, or may be granted as an unpaid leave of absence, subject to the approval of the supervisor and Human Resources. If the absence exceeds five consecutive working days and the employee qualifies for FMLA for taking care of a family member, the employee may use time in the grandfathered Sick/Personal bank, if any, after the five consecutive days. An exempt employee can use a maximum of 12 salary continuation days per fiscal year to take care of an immediate family member.

Absence Reporting

Employees who will be absent are required to call (or have someone else call) their immediate supervisor or the department head within a minimum of one hour of their scheduled reporting time. You do not need to give details about your medical condition, just let him or her know that you are unable to work.

Prudential, RIT's insurance company for short-term and long-term disability benefits (as well as life insurance and accidental death & dismemberment insurance), provides disability management services to RIT and its employees. Therefore, you also should call Prudential's toll-free phone number (1-877-908-4778 or log on to www.prudential.com/mybenefits, click on claim submission and follow the instructions)) in these situations:

First, report your absence for leave or disability to your supervisor. Then report it to Prudential when:

If your absence is planned in advance, you should contact Prudential 30 days before your absence begins or within 2 days of learning of the need for leave if your absence is to begin within 30 days. This may be the case, for instance, if you are undergoing elective surgery, or for a maternity disability.

The sooner you call, the better. If you don't call Prudential, your pay may be delayed for days you qualify for Short-Term Disability benefits.

If you are unsure whether you should call Prudential to report your absence, go ahead and call. The Prudential representative will review your situation and determine what the next steps are.

Information You Will be Asked to Provide When You Call Prudential

Employees who fail to arrange contact with their department will be considered to be on unauthorized leave. Should such leave extend for three working days, it is grounds for termination of employment.

RIT reserves the right in all cases of absence due to illness or injury to have the individual examined by an appointed or approved physician prior to or at the time of return to active employment.

Prudential's Contact Information: 1-877 -908-4778 or www.prudential.com/mybenefits

Short-Term Disability

General Information

Who is Covered and When

All regular full-time, extended part-time, and part-time employees are eligible for the Short-Term Disability Plan. Other employees, such as Student Workers and adjunct faculty are covered by the statutory level of New York State Disability benefits. If you are coming to RIT from a New York State Disability covered employer, the Short-Term Disability Plan begins on your first day of employment. Otherwise, you will be covered after four weeks of employment with RIT.

Who Pays For This Protection

RIT pays the entire cost of providing the Short-Term Disability Plan. Benefits are partially funded through an insured arrangement with UnumProvident (Unum) covering the component equal to New York State disability benefits. The remainder is self-insured by RIT through its general assets.

What "Pay" Means

Base pay means base annual salary divided by 52 prior to the beginning of the disability. If an employee is on short term disability when merit increases or market adjustments occur, these increases will not take effect until the employee actively returns to work.

When Coverage Ends

Your Short-Term Disability coverage will end 4 weeks following your last day worked. However, after termination of employment, benefits would be paid at the statutory New York State Disability level, as described in the next section, "STD Benefits."

Benefit Continuation During Disability

Your other benefits coverage continues during periods of short-term disability provided you pay your required employee contributions. The usual payroll deductions for benefits will be taken from your short-term disability benefits to the extent there is sufficient pay to cover them. Otherwise, RIT will either bill you or will deduct the missed deductions when you return to work.

STD Benefits

When you are absent from work because of a non-occupational (non-work related) accident, pregnancy or illness that is not covered by Workers' Compensation, Short-Term Disability (STD) benefits help protect your income.

After the required waiting period (7 consecutive calendar days), you can apply for STD. If the insurance company approves STD, eligible employees will receive 100% of base pay for up to eight (8) weeks. If you remain disabled, you will then receive 80% of your base pay for up to an additional 18 weeks. STD will continue until the insurance company determines that you are no longer disabled, up to a maximum of 26 weeks.

Employees who are scheduled to work less than 12 months per year are eligible to receive disability benefits, if they are disabled, during scheduled time off. Disability benefits begin after the one week waiting period following the actual date of disability. For employees paid over 12 months, the information above under STD Benefits remains the same, even if you are disabled during the time you are not scheduled to work. For employees who are not paid over 12 months, there are some special rules. If your disability begins when you are not scheduled to work, you would not receive pay during the waiting period since Sick/Personal or vacation time cannot be applied when you are not scheduled to work. After the waiting period, you would receive the New York State statutory disability amount, currently up to $170 per week, as long as you remain disabled, during the remainder of time you are not scheduled to work. Effective the first day you are scheduled to return to work, you would receive 100% of base pay for up to eight (8) weeks as long as you remain disabled. If you remain disabled, you would then receive 80% of your base pay. STD will continue until the insurance company determines that you are no longer disabled, up to a total maximum of 26 weeks.

If your disability begins when you are scheduled to work, you would be eligible to use Sick/Personal time during the waiting period. You would then be eligible to receive 100% of base pay for up to eight (8) weeks, provided you are scheduled to work. If you continue to be approved for STD into the period when you are not scheduled to work, the 100% of base pay amount would end. You would then receive the New York State mandated disability amount, currently up to $170 per week, as long as you remain disabled, during the remainder of time you are not scheduled to work. Effective the first day you are scheduled to return to work, you would receive 100% of base pay for up to a total of eight (8) weeks, counting the period you were paid at 100% prior to the non-working time. If you remain disabled beyond the cumulative total of 8 weeks at 100% of pay, you would then receive 80% of your base pay for up to the remainder of the disability to a total maximum of 26 weeks.

If you are approved for STD within 4 weeks of your termination of employment, after an unpaid waiting period (5 consecutive calendar days), the amount of your benefits would be 50% of your base pay in effect at the time of your termination, to a maximum of the New York State mandated disability amount, currently $170 per week. A former employee is not eligible for the amount in excess of the statutory disability benefit.

It is not necessary to be confined in a hospital to receive benefits from this plan, but you must be under a doctor's care. The doctor must provide documentation to Prudential, the insurance company, as requested throughout your disability. Prudential will make a determination on your claim, as described in the Procedures for Disability Claims and Appeals portion of this section.

If You Become Disabled Again

If you were receiving STD benefits, recover, and return to full-time work, then become disabled again within 3 months of returning to work due to the same or a related cause, your benefits may begin again without any waiting period. If, on the other hand, you become disabled due to a different cause, your benefits would begin on the eighth consecutive calendar day of absence.

In all cases, the duration for STD benefits will not be any greater than a total of 26 weeks in a rolling 52 week period (measured from the first date of disability).

What "Disability" Means

A disability is considered to be any non-work-related illness, pregnancy or injury resulting in an absence greater than seven (7) consecutive calendar days, for which a physician has certified that you are unable to work due to this illness, pregnancy or injury.

Holiday Pay During Disability

If an employee is on STD on a University-designated holiday, the pay will be considered disability pay and not holiday pay.

Earning Vacation During Disability

Vacation credit is earned during short-term disability periods. When a disability crosses over into a new fiscal year, the employee may not use the new year's vacation accrual until they physically return to work.

Supplemental Pay When Employment Ends

If an employee is on STD when a planned retirement or termination date occurs, supplemental disability benefits will end on the retirement/termination date. Statutory disability benefits will continue if the employee remains disabled as certified by Prudential.

The following information is provided directly by the insurance company, The Prudential Insurance Company of America.

Procedures for Disability Claims and Appeals

How to File A Claim

If you wish to file a claim for benefits, you should follow the claim procedures described in this section. Prudential must receive your statement either telephonically or by submitting the information via the Web. Prudential will reach out directly to your physician's office to secure the required medical information to review your claim.

Claims Procedures

Prudential will provide you notice of the decision on your claim no later than 45 days after the claim is filed. This time period may be extended twice by 30 days if it is determined that such an extension is necessary due to matters beyond the control of the Plan and notify you of the circumstances requiring the extension of time and the date by which we expect to render a decision. If such an extension is necessary due to your failure to submit the information necessary to decide the claim, the notice of extension will specifically describe the required information, and you will be afforded at least 45 days from receipt of the notice within which to provide the specified information. If you deliver the requested information within the time specified, any 30 day extension period will begin after you have provided that information. If you fail to deliver the requested information within the time specified, Prudential may decide your claim without that information.

If your claim for benefits is wholly or partially denied, any notice of adverse benefit determination under the Plan will

  1. state the specific reason(s)for determination
  2. reference specific Plan provision(s)on which the determination is based
  3. describe additional material or information necessary to complete the claim and why such information is necessary
  4. describe Plan procedures and time limits for appealing the determination, and your right to obtain information about those procedures and the right to sue in federal court
  5. disclose any internal rule, guidelines, protocol or similar criterion relied on in making the adverse determination (or state that such information will be provided free of charge upon request)

Notice of the determination may be provided in written and/or electronic form. Electronic notices will be provided in a form that complies with any applicable legal requirements.

Appeal Procedures

You have 180 days from the receipt of notice of an adverse benefit determination to file an appeal. Requests for appeals should be sent to the address specified in the claim denial. A decision on review will be made not later than 45 days following receipt of the written request for review. If Prudential determines that special circumstances require an extension of time for a decision on review, the review period may be extended by an additional 45 days (90 days in total). Prudential will notify you in writing if an additional 45 day extension is needed. If an extension is necessary due to your failure to submit the information necessary to decide the appeal, the notice of extension will specifically describe the required information, and you will be afforded at least 45 days from receipt of the notice to provide the specified information. If you deliver the requested information within the time specified, the 45 day extension of the appeal period will begin after you have provided that information. If you fail to deliver the requested information within the time specified, Prudential may decide your appeal without that information. You will have the opportunity to submit written comments, documents, or other information in support of your appeal. You will have access to all relevant documents as defined by applicable U.S. Department of Labor regulations. The review of the adverse benefit determination will take into account all new information, whether or not presented or available at the initial determination. No deference will be afforded to the initial determination.

The review will be conducted by Prudential and will be made by a person different from the person who made the initial determination and such person will not be the original decision maker's subordinate. In the case of a claim denied on the grounds of a medical judgment, Prudential will consult with a health professional with appropriate training and experience. The health care professional who is consulted on appeal will not be the individual who was consulted during the initial determination or a subordinate. If the advice of a medical or vocational expert was obtained by the Plan in connection with the denial of your claim, Prudential will provide you with the names of each such expert, regardless of whether the advice was relied upon. A notice that your request on appeal is denied will contain the following information:

  1. the specific reason(s)for the appeal determination
  2. a reference to the specific Plan provision(s)on which the determination is based
  3. a statement disclosing any internal rule, guidelines, protocol or similar criterion relied on in making the adverse determination (or a statement that such information will be provided free of charge upon request)
  4. a statement describing your right to bring a civil suit under federal law
  5. a statement that you are entitled to receive upon request, and without charge, reasonable access to or copies of all documents, records or other information relevant to the determination
  6. a statement that "You or your plan may have other voluntary alternative dispute resolution
  7. options, such as mediation. One way to find out what may be available is to contact your local U.S. Department of Labor Office and your State insurance regulatory agency

Notice of the determination may be provided in written and/or electronic form. Electronic notices will be provided in a form that complies with any applicable legal requirements.

Unless there are special circumstances, this administrative appeal process must be completed before you begin any legal action regarding your claim.