Sick Time and Short-Term Disability Plan

Introduction
Sick Leave for Non-Exempt Staff
- Cash-Out of Sick Leave at End of Fiscal Year
Salary Continuation for Exempt Staff and Faculty (Salaried)
Grandfathered Sick Leave Bank
Other Information Regarding Absences
Short-Term Disability
General Information
STD Benefits
Procedures for Disability Claims and Appeals

Introduction

Continuing your income while you are sick 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 Leave or Salary Continuation and the Short-Term Disability Plan.

This part of your handbook explains the Sick 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 Leave for Non-Exempt Staff

Regular full-time non-exempt employees and regular extended part-time non-exempt employees are eligible for paid sick leave upon hire. During the first fiscal year of employment, a non-exempt employee would receive one (1) sick day per month, based on date of hire, up to 8 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. (NOTE: sick time is 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 8 sick days on July 1. Sick time for regular extended part-time and regular part-time non-exempt employees is pro-rated. Sick time is calculated based on the employee's standard hours per week; therefore, the number of hours of sick time per fiscal year is the standard hours per week multiplied by a factor of 1.6 (8 days per year divided by 5 day week).

Example 1 (full-time):

Standard weekly hours = 40
Sick leave = 40 x 1.6 = 64 hours per fiscal year

Example 2 (extended part-time):

Standard weekly hours = 20
Sick leave = 20 x 1.6 = 32 hours per fiscal year

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

For example,

Cash-Out of Sick Leave at End of Fiscal Year

Beginning July 1, 2005, a non-exempt employee who does not use all of his or her current allocation of sick leave hours by the end of the fiscal year will receive a cash-out of a portion of the unused sick leave hours (does not include Grandfathered Sick 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 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 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 8 days (64 hours) of sick leave during the current year. She can elect to receive her cash-out as follows:

½ remaining sick leave, 32 hours, in taxable pay; or

¾ of remaining sick leave, 48 hours, as pre-tax pay, contributed to RIT's Voluntary Retirement Plan [403(b) plan].

In order to qualify to receive that year's cash-out, an employee must be on the RIT payroll 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.

Salary Continuation for Exempt Staff and Faculty (Salaried)

Regular full-time professional and administrative staff, faculty, and educational development faculty (exempt) receive salary continuation instead of sick leave when absent for five (5) consecutive business days or less. Salary continuation is paid at 100% of regular base pay. There is a 12 day limit, per fiscal year, when using salary continuation days to take care of a dependent with a serious health condition when approved under FMLA.

Grandfathered Sick Leave Bank

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

Non-Exempt employees could use the Grandfathered Sick Leave Bank as sick time if they are absent after they use the current year's sick time. All employees would be able to use this Grandfathered Sick 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 leave to receive 100% of pay.

Any grandfathered sick leave is used "1-for-1," meaning that if you are absent for eight (8) hours, you will use eight (8) hours of sick leave. In other words, you will use one day to supplement any portion of a day absent from work. Grandfathered Sick 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

Employees whose presence is required to care for an ill member of the immediate family may use accrued sick leave (non-exempt) or salary continuation (exempt) of up to five consecutive working days per incident. "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. Periods of such absence beyond five 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.

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.

UnumProvident (Unum), 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 Unum's toll-free phone number (1-800-605-2802/v and 1-800-887-2180/TTY) in these situations:

On the 1st day of an absence:
- for your or a family member's chronic condition.
- for intermittent leave, including partial days, due to your own or a family member's serious health condition.
- to care for your newborn child, or due to placement of a child in your household for adoption or foster care.

By the 3rd day of a continuous absence:
- for your own disability (non-work related illness, injury or maternity) or workers' compensation (work-related illness or injury).
- to care for your family member who has a serious health condition.

If your absence is planned in advance, you may contact Unum before your absence begins. 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 do not call Unum during your absence, you have until two workdays following your return to work in order for your absence to be protected as FMLA leave. If you don't call Unum, your pay may be delayed for days you qualify for Short-Term Disability benefits.

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

Information You Will be Asked to Provide When You Call Unum

Your name, address, phone number, birth date and employee identification number
RIT's Policy Number - 462235
Your employer's name (Rochester Institute of Technology)
Your supervisor's name, work phone number
Your job title & a brief description of what you do
Your last day worked & first day absent
Date of expected return to work if known, or the actual date of return, if you have already returned to work
Other pertinent information related to your absence & employment

If you are absent due to your own injury, illness or medical condition, you will also need to provide:

Your doctor's name, address & phone number
The date you were first treated by your doctor, the date of your most recent visit and, if applicable, the date of your next scheduled visit
A brief description of your medical condition, or the date & description of an injury
Work restrictions or limitations advised by your physician, if any.

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.

Unum's Contact Information: 1-800-605-2802/v and 1-800-887-2180/TTY

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 funded through an insured arrangement with UnumProvident (Unum).

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 30 days 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 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 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 30 days 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 Unum, the insurance company, as requested throughout your disability. UnumProvident 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.

The following information is provided directly by the insurance company, UnumProvident. In this section, "we" or "us" refers to UnumProvident.

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. We must receive a completed claim form. The form must be completed by you, your attending physician and your employer. If you have any questions about what to do, you should contact us directly.

Claims Procedures

We will give you notice of the decision no later than 45 days after the claim is filed. This time period may be extended twice by 30 days if we both determine 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, we 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

state the specific reason(s)for determination;
reference specific Plan provision(s)on which the determination is based;
describe additional material or information necessary to complete the claim and why such information is necessary;
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; and
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 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 we determine 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). We 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, we 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 us 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, we 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, we 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:

the specific reason(s)for the appeal determination;
a reference to the specific Plan provision(s)on which the determination is based;
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);
a statement describing your right to bring a civil suit under federal law;
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; and
a statement that "You or your plan may have other voluntary alternative dispute resolution
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.