2012 Maternity Brown Bag
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2012 Maternity Brown Bag
What This Session Will Answer
o How much job protected time you can take off.
o Percentage of pay you will receive; when, how and who you will receive it from.
o Difference between a leave of absence and disability.
o The process and steps to coordinate your pregnancy leave.
o What you need to do while on leave and after the baby is born.
o Resources, benefits and perks.
o Answer additional questions you may have.
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Pay & Time Off
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Gap Inc. Leave of Absence Policies
Leave of Absence
Policy
Eligibility Requirements Reason for Leave Duration/
Leave Entitlement
Relationship to Other Leaves
Family and Medical Leave of Absence (FMLA)
• Regular FT and PT
•12 months service
• Worked at least 1250 hours during the 12 month period immediately preceding the start of the leave
• Employee’s own Serious Health Condition
• To care for a spouse/domestic partner, child, or parent, with a serious health condition
• Birth of a child and to care for the newborn child
• Care for a newly adopted or newly placed child
• 12 weeks in a rolling 12 month period
• Care for newborn, newly adopted or newly placed child; must be taken during the first 12 months of the event
•26 weeks for the care of a service member
Runs concurrent with PDL, Medical, and any federal, state or local leave law, as applicable
Pregnancy Disability Leave of Absence (PDL)
• Regular FT and PT (seasonal where required by law)
• No service requirement
All employees disabled by pregnancy, childbirth, or related medical conditions
Up to four months per pregnancy
Runs concurrently with FMLA, Medical, and any other federal, state and local leave, as applicable
Medical Leave of Absence – MLOA (non-occupational)
• Regular FT
• Must apply and be approved for STD/LTD benefits
• Employee’s own Serious Health Condition
• 52 weeks in a rolling 24 month period
• May be extended for an additional 52 weeks if EE is approved for Social Security and LTD benefits before the end of the 52 weeks
Runs concurrently with FMLA, PDL, and any other state and local leave, as applicable
Parental Bonding Leave
• Regular FT
• No service requirement
Care for newborn, newly adopted or newly placed child
•12 weeks in a rolling 12 month period
•Must be taken during the first 12 months of the event
•Runs concurrently with FMLA and any applicable state or local leave
• For those disabled due to pregnancy, does not begin until medical disability ends
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CA State Leave of Absence Law
Leave of Absence Policy
Eligibility Requirements
Reason for Leave Duration/
Leave Entitlement
Relationship to other Leaves
CA Pregnancy Disability Leave
• Regular FT and PT
• Seasonal
All employees disabled by pregnancy, childbirth, or related medical conditions
Up to 4 months Runs concurrently with FMLA, Gap Medical and PDL
CA Family Rights Act (CFRA)
• Regular FT and PT
•12 months service
• Worked at least 1250 hours during the 12 month period immediately preceding the start of the leave
•Employee’s own Serious Health Condition
• To care for a spouse/registered domestic partner, child, or parent, with a serious health condition
• Birth of a child and to care for the newborn child
• Newly adopted or newly placed child
• 12 weeks in a rolling 12 month period
• Care for newborn, newly adopted or newly placed child; must be taken during the first 12 months of the event
•Runs concurrently with FMLA and Gap’s Parental Bonding Leave
•CA PDL does not run concurrently with CFRA, therefore, eligible employees may be entitled to CFRA leave at the end of a period of PDL
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How much time off can I take? •All regular FT and PT employees are eligible for pregnancy disability leave due to pregnancy (Pregnancy Disability Leave, Gap & CA policies)
•Standard duration for Gap Inc. maternity disability:
•All regular FT employees are eligible for additional time to care for your newborn under Gap’s Parental Bonding Leave (12 weeks)
•Will run concurrently with 12 weeks of California Family Rights Act (CAFRA) if eligible
•Maximum time off for standard pregnancy = 20 wks •Please note: All leave and disability time off is determined on a case by case basis and the 20 weeks may vary depending on your circumstances.
Standard Delivery = 8 weeks
•2 weeks before birth
•6 weeks after
C-Section = 10 weeks
•2 weeks before birth
•8 weeks after
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Leave Scenario
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Leave Scenario Elaine, Pregnant, CA - Employee
o Elaine is having a non-complicated pregnancy. The standard duration for a medical disability for a normal pregnancy is 2 weeks before the estimated due date of the baby and generally last another 6 weeks after the birth of the baby for a normal delivery. The estimated due date of the baby is 7/15/12. Therefore, her doctor is starting her disability on 07/01/12 (two weeks before due date) and her doctor expects her disability to end on 08/25/12 (six weeks after her due date).
o Elaine has more than 12 months of service and worked 1250 hours in the 12 month period prior to the start date of leave and has not taken any leave time since her hire date.
o Elaine is requesting to take all leave of absence time (for disability for her own serious condition and leave time to bond with her new baby) available to her under Federal, State, and Gap’s Leave Policy
* Rates displayed weekly in OE Guide for Non-Exempt Logistics and GID.
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Leave Scenario Elaine, Pregnant, CA - Employee
CA Pregnancy Leave (PDL)
Gap’s PDL
Gap’s MLOA
12 weeks of CFRA/Parental Bonding
12 weeks of FMLA
TOTAL LEAVE TIME – 20 WEEKS
11/16/12 7/1/12 8/25/12 10/5/12
8 weeks
* Rates displayed weekly in OE Guide for Non-Exempt Logistics and GID.
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Leave Scenario What if my baby arrives 1 week after my estimated due date?
CA Pregnancy Leave (PDL)
Gap’s PDL
Gap’s MLOA
12 weeks of CFRA/Parental Bonding
12 weeks of FMLA
TOTAL LEAVE TIME – 21 WEEKS
11/23/12 7/1/12 9/1/12 10/12/12
9 weeks
* Rates displayed weekly in OE Guide for Non-Exempt Logistics and GID.
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Leave Scenario What if my baby arrives 1 week early?
CA Pregnancy Leave (PDL)
Gap’s PDL
Gap’s MLOA
12 weeks of CFRA/Parental Bonding
12 weeks of FMLA
TOTAL LEAVE TIME – 19 WEEKS
11/19/12 7/1/12 8/18/12 9/28/12
7 weeks
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Disability Benefits/Wage Replacement
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Gap and State Disability Insurance
o If employee is eligible for Gap’s STD Plans, the employee is eligible to receive:
60% or 65% of earnings
Applicable SDI
Gap’s STD Plan
o State Disability amounts will offset disability benefit paid by Gap Inc. (ex. California will provide 55% and Gap STD will pay remaining amount up to 60/65% depending on plan)
o Gap Inc. will send EE STD check and will follow the EE’s normal pay cycle
o CA will send EE state disability check
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Gap Inc. Disability Administration
Gap Inc. administers the payment of Short Term Disability (STD) benefits
• Sedgwick sends a file to Gap Inc. payroll on a weekly basis with gross STD payment information and applicable state disability offset information • Payroll uploads the information into PeopleSoft and applies any applicable taxes, garnishments/offsets, and benefits deductions
• NOTE: If an EE does not have enough disability benefits to deduct from, the EE will go into arrears. Arrears balances will be deducted upon the EE’s return to work.
• The EE will be paid according to their pay cycle
The timing of an EE’s disability payment may be impacted by the following: • Date the disability claim was called in • Timing of when the medical records are submitted by the EE or their physician • Clarity of the medical records provided to Sedgwick • EE’s pay cycle
It is important for EE’s to maintain constant communication with their physician and with Sedgwick to ensure that the medical records for their claim are complete and are submitted timely
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Gap Inc. Disability Administration (con’t) Who to Contact for Issues…
Sedgwick CMS (Claims Management Services) will be able to answer questions regarding: o The calculation of the gross disability amount (ex. an EE does not believe they were paid 60% or 65% for their short term disability benefit) o Any state disability offset (only for those EE’s in NY and CA)
Employee Services will be able to answer questions regarding: o Taxes, Garnishments/Offsets o Arrears o Benefit Premium Deductions Overpayments In the event of an overpayment:
o The EE and HR will be notified o An EE must repay the amount that was overpaid. Benefits and Payroll will work with HR to determine the appropriate recovery methods
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Pay & Time Off
CA Pregnancy Leave (PDL)
Gap’s PDL
Gap’s MLOA
12 weeks of CFRA/Parental Bonding
12 weeks of FMLA
TOTAL LEAVE TIME – 20 WEEKS
11/17/12 7/1/12 8/25/12 9/22/12
DISABILITY (8 Weeks): First week is unpaid, but EE’s can use PTO. During the remaining period, EE’s will receive 60 or 65%, based on the plan they are in.
BONDING (12 Weeks): For CA EE’s, CA PFL provides up to 6 weeks of pay at 55%. EE’s can use PTO during this period.
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Next Steps
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Your Main Point of Contact o Gap Inc. has a third party vendor (Sedgwick) that coordinates all time off and disability pay.
o Sedgwick will be your PRIMARY point of contact before and during your pregnancy leave and for any time-off and disability questions.
o You will be assigned a designated Sedgwick representative.
o They will provide you the necessary forms and will process approval requests for disability with your doctor.
o You will work closely with Sedgwick and inform them immediately of any updates or changes regarding your leave or disability.
o Sedgwick: 1.800.GAP.9680.
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Step 1: Starting the Process to Begin Leave
o Discuss your anticipated leave dates with your manager.
o Call Sedgwick to initiate your leave and disability benefits (1.800.GAP.9680).
o Talk to your manager and call Sedgwick no later than 30 days from the start date of your leave.
Sedgwick will need the following information when you call:
Start date of your leave of absence
Anticipated return to work date
Estimated due date
Physician’s name, phone and fax number
Your manager’s name, phone number and email
Your annual or hourly pay rate
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Step 2: Paperwork
Sedgwick will call your doctor to verify disability.
Sedgwick will mail you a pregnancy disability leave of absence packet which
contains a checklist for you to follow and all the forms you need. Arrives within
3-5 business days.
Upon receiving the
packet you have 15 days
to submit your forms back
to Sedgwick via fax or mail.
Your leave is considered
pending until all
forms are submitted.
When a decision is made
about your disability eligibility
& dates Sedgwick will notify
you in writing and via phone.
They’ll also email your
manager your approved
leave dates.
On the first day of your leave, mail your State Disability
Insurance Claim form** (see State Contact Info) to the EDD:
State Disability Insurance PO Box 32
Fresno, CA 93707-0032
9 days before the end of your disability mail in your California Paid Family Leave
Benefits form* (automatically sent by the State) to:
Paid Family Leave PO Box 997017
Sacramento, CA 95799-7017
Employee Action
Sedgwick Action
* Form for the 55% pay (up to $987/ wk) ** Form for part of the 65% or 60% pay
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Step 3: After the Baby is Born o Call Sedgwick and provide the baby’s birth date. o Within 60 days of the baby’s birthday:
Process Birth/Adoption life event, add your baby as a dependent and enroll your baby on your benefit plans (medical, dental, vision, etc) via the Benefits Home Page on GapWeb. You also have the option to increase or decrease your Health Care Flexible Spending Account.
o You have 60 days from your return from leave date to enroll or re-enroll in your Dependent Care Flexible Spending Account.
o Reporting PTO:
o Call the CSSC to use any accrued PTO to supplement pay, do not submit via GapWeb. o Call up to 2 weeks in advance, and before the end of the pay period you want it applied.
o Mail your California Paid Family Leave Benefits application form 9 days before your disability ends (disability is typically considered your first 8 weeks of leave, ending 6 weeks after birth) o A month before your return to work date call your manager and discuss specifics regarding your return o Sedgwick will call you two weeks before your return to work date to verify the date and will attempt to confirm your return to work with your Supervisor on the scheduled day of return. Please ensure your supervisor confirms your return to work with Sedgwick as soon as possible.
Reminder: LOA Process Change As of 4/19/11, the input of LOA Start Date and End Date information into PeopleSoft has been automated
—Information for an EE’s start of leave is sent only after it has been approved
—Future dated leave information is no longer keyed
—Start date of LOA is the actual date of their leave
—End date information reflects the approved through date of an EE’s leave
—Supervisors receive notification as soon as a LOA claim/extension is opened by an EE
—If an EE returns from LOA and their status has not been updated a day after their return, please contact Employee Services immediately
— EE’s must notify Sedgwick immediately for a leave of absence or extension and submit documentation timely
—For escalated issues, please contact [email protected]
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Reminder: LOA Billing Change
As of 2/1/11, Gap Inc. no longer manually bill employees for benefit deductions
—Benefits deductions (with the exception of Short Term Disability/non-occupational LOA) are in arrears while the EE is out on LOA
—Upon return from leave, all benefit deductions are doubled each pay period until the arrears balance has been met
—By paying for missed benefit premiums through payroll, EE’s are able to take advantage of the deduction on a pre-tax basis
— If an EE does not return from LOA with outstanding benefits deductions, the company has the right to recover the outstanding balance
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Resources
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Benefits & Perks Nurseline
o OB RN available 24/7
o 1.800.267.5457 (Pin 216), www.myuhc.com
o Only available to employees with United Healthcare
Employee Assistance Program Life Resources
o 1.888.327.4427, www.magellanassist.com
o Confidential counseling sessions.
o Resource and referral service for more information about child care centers, in-home care and/or nannies in your area.
o Prenatal, legal and financial referrals.
Ayco Answerline/Ayco Financial Network
o Provides confidential professional financial planning through a call-in service or online.
o 1.800.235.3430, www.aycofinancialnetwork.com
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Benefits & Perks
Child Care Center Priority Placement o Marin Day Schools (SF, CA), Palcare (Burlingame, CA) o Fill out an application to be put on the waiting list ASAP, space is limited and the waiting list can be long. o Download an application from the Benefits Home Page and fax to Bright Horizons to add your child to the waiting list
Phase In/Phase Out o Flexible work arrangement where you can temporarily reduce your work schedule leaving and coming back from leave. o Phase Out: 2 weeks prior to leave start date o Phase In: Up to 4 weeks after leave end date o Requires your manager’s approval, o Policy and form is located on Benefits website. o Does not count towards CaPDL, FMLA and CaFRA time. o You are paid only for actual hours worked during these periods.
Quiet Rooms Updates
We’ve added more rooms!
Two new Quiet Rooms in 2 Folsom (Quiet SF2F 12 QuietRmA & QuietRmB)
Quiet Rooms in 1 Harrison have relocated to the 5th Floor (Quiet SF1H 5 QuietRm A & QuietRmB)
Quiet Room Scheduling Etiquette:
Quiet Rooms are designated solely for the purpose of expressing milk.
Please use Outlook to schedule the room in advance.
If you do not use the room, please cancel your reservation accordingly in advance.
Please stay within the timeframe that you have scheduled as others may have booked the room after you.
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State Contact Information CA Employee Development Department
Pay Forms Contact
California State Disability Insurance Plan
This is part of the STD pay you get in the 8 weeks you are considered disabled.
(8 wks includes the 1 week unpaid waiting period)
Send the EDD your state disability claim form on the first day of leave, and no later than 49 days after your leave begins.
1.800.480.3287
http://www.edd.cahwnet.gov
http://www.edd.cahwnet.gov/pdf_pub_ctr/de2501.pdf (Link to claim form)
State Disability Insurance
PO Box 32
Fresno, CA 93707-0032
California Paid Family Leave Benefit
*You will receive this form from the state right before the end of your disability period.
The 55% pay (up to $987/ wk) you receive the 6 weeks after disability ends.
Send them your California Paid Family Leave form 9 days before your disability ends and no later that 49 days after the first day your CFRA begins
1.877.BE-THERE
http://www.edd.cahwnet.gov
Paid Family Leave
PO Box 997017
Sacramento, CA 95799-7017
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Other Contact Information GapWeb
o https://portal.gap.com/
o Benefits website: GapWeb>Pay & Benefits> Benefits Home Page
o Process Birth/Adoption life event, add dependent’s record and enroll dependent on benefit plans (medical, dental, vision ,etc) within 60 days of birth.
o Leave policies, dependent care and other benefit details.
o Summary Plan Description.
o Benefits Maternity Leave Video on GapWeb with an overview of the entire process
CSSC
o 1.866.411.CSSC (2772), x20600
o Primary contact for general benefit questions.
o After the first week you must contact the CSSC to arrange for desired supplemental PTO pay while on leave.
o Call up to two weeks in advance and before the pay period ends.
o Do not report PTO hours through GapWeb while on leave.
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FAQ’s How are my health benefit premiums paid for while I am out?
o Once you are receiving disability benefits, the health premiums that you have elected to continue will be deducted from your disability checks.
o Once you are no longer receiving disability checks, your benefits deductions will go into arrears and will be deducted one at a time upon your return to work until your arrears balance has been satisfied
o If you plan on using your PTO hours, your medical deductions will NOT be deducted from your PTO paychecks.
o Checks will no longer be accepted for Benefits premiums
When I use PTO to supplement my income do my ESPP, 401k, and benefits get deducted?
o During your leave of absence all contributions are suspended from coming out of your paycheck. Only benefit premiums will be taken out of your disability check.
o 401k loan deductions will not be taken out of your paycheck, however you can elect to send a check in to pay into it during leave. Please reach out to T. Rowe price for more information.
Am I eligible to receive company holiday pay while on leave.
o No
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FAQ’s
What will happen with my ESPP contributions while I am out?
o You will not pay into your ESPP while you are on leave. You have the option of requesting a refund of the contributions you have made during the period. If you don’t request a refund, your contribution balance will be used to buy stock at the next ESPP purchase.
If I plan to leave two weeks before my due date, and then I change my mind and decide to keep working what do I need to do?
o Call Sedgwick and let them know your new leave start date. Once you do go out on leave there is still a 7 day waiting period before your disability payments begin. Unless you have your baby, then the payments are effective on the birth date and the waiting period, or remainder of the waiting period, is waived.
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FAQ’s
If I get a pay increase during Focal (and I am still on disability leave), will my disability payments increase according to the new pay?
o No, your pay increase is effective when you return from leave.
If bonuses are paid while I am on leave, will I receive it at the same time as everyone else? Will it be a live check or direct deposited?
o Yes, if bonuses are paid you will get bonus the same time as everyone else and you will receive it via your normal payment method.
Will my bonus be pro-rated for only the time I worked that year?
o Yes, you will only receive bonus for the percentage of time you worked during the year that bonuses are being paid for.
Can I use my employee discount while on leave?
o Yes
Do I accrue PTO while on leave?
o No
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FAQ’s
I'm on a leave of absence and I need to extend, end or change the dates of my leave.
o To extend, end or change the dates of your leave, you must discuss with your manager and Gap Inc.’s Leave and Disability Administrator at 800.GAP.9680. Please note that extensions are specific to each individual case. You may be eligible to extend your leave of absence, however, some Gap Inc. Leaves of Absence policies have a maximum duration and extensions may not be possible.
I’m returning to work from my leave. What should I do?
o You should contact your manager a month in advance of your return to work date. Advance notice will help your supervisor schedule you when you are able to return and review any accommodations you may have.
If I have exhausted all of my leave time, can I extend my LOA by requesting PTO?
o Once you have exhausted all of your available leave time, taking additional time using PTO is based on approval from your manager. If approved, in the employee database you will first be returned from your leave of absence. You should then request your PTO through GapWeb as you would normally do.
Appendix
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WageWorks Commuter Deductions www.wageworks.com
Before Leave Begins (Two months before your leave date notify WageWorks to stop your automatic deductions.)
Example:
o Leaving October
o Notify WageWorks by September 4th at midnight eastern time by deselecting the reoccurrence for transit passes/parking
o Transit Passes/Parking for October is deducted in September after the 5th.
Before Returning from Leave (Two months before your return from leave date sign up for WageWorks.)
Example:
o First month back February
o Enroll for transit passes/parking between December 5th and January 4th
o Payroll deduction for February transit passes/parking will occur after January 5th o Missed the Deadline
– If you missed the deadline to enroll for a parking pass through WageWorks you can purchase it at the full price (without the pre-tax benefit) by emailing corporate operations
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Phase-In, Phase-Out
With Phase Out, you may slowly wind down your work responsibilities while preparing for a new child.
Phase Back lets you test childcare arrangements while transitioning back to a full-time schedule.
Example:
– Phase Out over a two-week period prior to going on leave. You may want to work 30 hours the first week, and 15 hours the second.
– Phase Back over a four-week period when you return from your leave of absence. Gradually increase the hours you work each week until you are back to full-time. A phase back schedule could call for 10 hours the first week, 20 hours for two weeks, then 30 hours for the final week.
o You are paid only for actual hours worked during these periods.
o You can choose to use any accrued PTO to supplement your pay during this time.
o You will also be able to continue your employee benefits at active employee rates.
o Requires manager approval and you must discuss your proposed schedule with your manager at least two weeks before the begin date and the return date of your leave of absence, or sooner.
o Once manager approves, you and your manager need to fill out the phase out/phase back form located on the benefits site on GapWeb. [GapWeb> Pay & Benefits> Benefits Homepage> Time Away> Phase Out/Phase Back]
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Dependent Day Care Flexible Spending Account With the Dependent Care FSA, you can set aside a portion of your regular income each paycheck before most payroll taxes are withheld to pay for eligible dependent (day) care expenses (inside or outside your home), including:
– Day Care
– After School Care
– Day Camp
– Eldercare
You can elect to contribute any amount from $300 to $5,000 in a Plan Year (employee’s who make over $110,000 a year can contribute up to $1,200). The amount you select will be evenly divided by your number of pay periods in a Plan Year.
You pay your dependent care expenses first and then submit a claim to UnitedHealthcare to request reimbursement from your account.
For more information go to the benefits website on GapWeb
– GapWeb > Pay & Benefits > Benefits Homepage > Other Benefits & Perks > Dependent Care Flexible Spending Account Information
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FMLA Intermittent &Reduced Leave Schedule
FMLA leave is usually taken for a period of consecutive days, weeks or months. When it is medically necessary for planned and/or anticipated treatment or recovery from treatment of a serious health condition, eligible employees may request FMLA leave:
Intermittently
o Can be taken in small increments (e.g. employee takes 1 hour because of a serious health condition) and may be on an “as needed” basis.
o Usually characterized by a frequency and duration (ex. 3 days per week).
Reduced Work Schedule
o Reduces employee’s work schedule and is generally planned (e.g. employee can only work 20 hours a week).
o Employee may be eligible for disability benefits.
FMLA can also be taken intermittently or on a reduced work schedule to:
Provide care or psychological comfort to: a) covered family member with a serious health condition, or b) a covered servicemember.
During the first 12 month period immediately following the birth of a child, or placement of a child with the employee for adoption or foster care for the purpose of bonding.
o Unless necessary to comply with applicable law, employees must take leave in increments no smaller that the employee’s full workday.
o Provide at least two week’s notice.
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Pregnancy Disability & Medical Leave Intermittent & Reduced Leave Schedule
Pregnancy Disability Leave (PDL)
o Can be taken on an “as needed basis” (e.g. severe morning sickness).
o Time off needed for prenatal care.
Medical Leave of Absence
o Must take leave in full day increments unless the medical leave simultaneously qualifies as FMLA or PDL (or federal or state law, including the ADA, provides a similar entitlement to intermittent leave on less than a full day basis).
o Employees returning to work following a period of medical leave also may be offered an opportunity to work temporarily under a reduced leave schedule.
Questions?
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