§ 18-66COBRA.
§ 18-67Dental insurance.
§ 18-68Holiday pay.
§ 18-69Leave policies.
§ 18-70Life insurance.
§ 18-71Medical insurance.
§ 18-72State Disability Insurance Program (TDI).
§ 18-73Thrift Plan.
§ 18-74Tuition assistance.
§ 18-75Workers' compensation insurance.
Under the Consolidated Omnibus Budget Reconciliation Act of 1985, better known as "COBRA," if an employee terminates employment with the WHA, the employee is entitled to continue participating in the WHA's group health plan for a prescribed period of time, usually 18 months. (In certain circumstances, such as employee's divorce or death, the length of coverage period may be longer for qualified dependents.) COBRA coverage is not extended to employees terminated for gross misconduct.
If a former employee chooses to continue group benefits under COBRA, he/she must pay the total applicable premium in a timely manner, on a monthly basis. Coverage will cease if the former employee fails to make premium payments as scheduled, becomes covered by another group plan that does not exclude preexisting conditions, or becomes eligible for Medicare.
For detailed information or questions on COBRA, contact the Human Resources Department.
The Authority shall provide full-time, benefits-eligible employees with dental plan coverage, provided the benefit is also available to union members. A summary description of the dental plan is available through the Authority's Human Resources Department.
Employees who are members of a collective bargaining unit will follow the holiday schedule annotated in their union contract.
Nonunion employees who have a floating holiday may use such to cover a full- or partial-day absence. The floater must be taken in the calendar year in which given. Under no circumstances will this day be carried over to the next calendar year, nor will it be cashed out if not taken or paid upon termination of employment. A floating holiday must be scheduled and approved in advance by the employee's immediate supervisor.
Any employee eligible for holiday pay who is not covered by a union contract will follow the holiday schedule outlined in the Teamsters contract.
Employees not represented by a union will receive one additional "floating holiday."
Bereavement leave.
Bereavement leave, allowable for death in the family, not deducted from sick leave, shall include the following:
For spouse, child, mother, father, brother or sister, including the day of burial: not to exceed five working days.
For mother-in-law, father-in-law, son-in-law, daughter-in-law or grandchild, including the day of burial: not to exceed three working days.
For grandmother and grandfather: two working days for use up to and including the day of the burial.
For sister-in-law, brother-in-law, aunt, uncle, niece and nephew: one working day for use up to and including the day of the burial, which shall be charged to sick leave or annual leave.
In the event that distant travel is necessary, additional needed days of leave, without pay, or use of any accumulated vacation leave may be granted at the request of the employee.
For purposes of computing overtime, for those nonexempt employees not covered by a union agreement, time not worked due to the death of a family member shall be counted as time worked.
FMLA (Family and Medical Leave Act).
Both Rhode Island law (the "state law") and the Federal Family and Medical Leave Act (FMLA) guarantee eligible employees the right to unpaid leaves of absence for the birth or placement for adoption or, under FMLA, foster care of a child and the serious health condition of the employee or his or her spouse, child, parent or, in the case of state law, parent-in-law. Both laws are similar, but they also have significant differences. The major differences include the following:
FMLA leave is available for up to 12 weeks in any twelve-month period, and state law leave is available for up to 13 weeks in any two calendar years. Employees who have worked a total of 12 months and a total of 1,250 hours in the 12 months preceding the beginning of the leave qualify for FMLA leave, while state law requires that the employee be employed for at least 12 consecutive months and that he or she was employed for an average of 30 hours per week during the twelve-month period preceding the leave. FMLA requires the employer to pay the employer's share of health insurance premiums during the leave, but the employee must reimburse the employer if he/she fails to return at the end of the leave. Under state law, the employer must continue to pay its share of health insurance premiums only if the employee deposits the full amount of those premiums with the employer before the leave begins; and if the employee does not return to work at the end of the leave, he or she forfeits the deposit.
In addition, FMLA provides certain exceptions, not available under state law, for key employees (those who are among the highest paid 10% in the organization). Also, FMLA allows intermittent leaves and reduced-schedule leaves while state law does not.
Both laws assure an employee reinstatement to his or her old job or an equivalent position, without loss of seniority or any benefits earned before commencement of the leave, if the employee returns within the legal time limits and if there have been no layoffs, etc., in the meantime. Different reinstatement rules apply under the Rhode Island Workers' Compensation Act to employees returning from a leave due to a compensable injury.
This policy is intended to encompass employees' FMLA and state law entitlements. Leaves qualifying under these policies and FMLA and/or state law will run concurrently. In the event that any questions arise as to the meaning or application of these policies, the following rules shall apply:
Who is eligible? In order to be eligible for family or medical leave, you must:
What reasons qualify for leave? You may take leave for the following reasons:
The birth of a child or placement for adoption or foster care of a child 18 years old or younger and to care for that child, including children over 18 who are incapable of self care.
Because of your own serious health condition.
To care for your spouse, child, parent or parent-in-law [family member(s)] because of a serious health condition of that family member.
What is a serious health condition?
You will not qualify for leave because of your own serious health condition unless that condition renders you unable to perform your job. In addition, your illness must involve at least one of the following conditions:
An overnight hospital stay.
Absence from work for more than three calendar days and continuing treatment by a health care provider.
Continuing treatment by (or under the supervision of) a health care provider for a chronic or long-term health condition that is either incurable or would likely result, if not treated, in your being incapacitated for more than three calendar days.
Prenatal care.
Continuing treatment (except in the case of chronic illnesses) normally requires at least one visit to a health care provider followed by a program of treatment (medication, for example) or two separate visits to the provider. The phrase "health care provider" includes M.D.'s, D.O.'s, podiatrists, dentists, clinical psychologists, optometrists, chiropractors (under certain limited circumstances), nurse practitioners and nurse midwives. Certain Christian Science practitioners are also included.
What relatives are covered?
"Spouse" means a legal wife or husband. (An unmarried domestic partner is not a "spouse.")
"Child" means a biological child, a stepchild, a legally adopted child, a foster child (pursuant to an agreement with the state), a legal ward or a child for whom you have the day-to-day responsibility for care and financial support ("in loco parentis"). A child must be under the age of 18 unless he or she is incapable of self-care because of a mental or physical disability.
"Parent" means a biological parent, a person who was in loco parentis to you when you were a child, or a parent-in-law.
How much leave can I take? You have a legal right, under FMLA, to take up to a total of 12 weeks of leave for the reasons described above (except to care for parents-in-law) in any twelve-month period, and, under state law, to take up to a total of 13 weeks in any two calendar years, for the reasons described above (except that leaves for children are limited to natural or adopted children). These entitlements are in the aggregate. For example, under FMLA you would not be able to take 12 weeks of maternity leave and additional weeks of disability leave in the twelve-month period. In order to make it easier to keep track of how much FMLA and state law leave you have available, we will measure FMLA entitlements on a calendar-year basis.
What is intermittent leave and reduced-schedule leave?
FMLA permits employees to take intermittent leave or reduced-schedule leave, under certain circumstances, because of their own or a family member's serious illness. Intermittent leave involves leave taken in separate blocks of time for the same illness. Normally, it would be used for doctor's appointments or for periodic treatments (e.g., physical therapy or chemotherapy). Reduced-schedule leave involves a reduction in your daily or weekly hours of work and would usually be available only when your physician so requires. If you request intermittent or reduced-schedule leave, we may require you to transfer temporarily to an alternative position, for which you are qualified and which provides equivalent pay and benefits, in order to accommodate your schedule to our needs.
Leaves of this type will be counted (pro rata based on your regular schedule) towards statutory entitlements and are not available for birth, adoption or foster care.
What fringe benefits will I receive while on leave?
The WHA will pay our share of the premiums for your health insurance for up to a total of 13 weeks in any calendar year, provided that you continue to pay your share of those premiums (if that option applies).
When your leave is approved, you will receive instructions on how to pay your share of health insurance premiums. We reserve the right to deduct your share of health insurance premiums from any pay that may be due you during, or at the end of, your leave. If you fail to pay your share during your leave, we will cancel your insurance, after 15 days' notice.
If you fail to return to work at the end of your leave, you will be liable to us for any health insurance premiums paid on your behalf unless your failure to return is due to the continuation, recurrence or onset of a serious health condition or to other circumstances beyond your control. We may deduct amounts owed us from any final paycheck and/or pursue other legal remedies to collect these amounts.
May I use vacation, sick pay and personal days during my leave? FMLA affords you the right to use earned vacation and personal days for any type of qualified leave and paid sick leave for leaves due to your own or a family member's serious health condition, if the employer's leave plan allows such use. These laws also allow the employer to require the use of paid time during statutory leaves. We have selected the following rules:
If a leave involves your own or a family member's serious health condition (including periods of disability caused by pregnancy and/or delivery), you will be required to use all your available paid sick time during that leave. You may also use vacation and personal days.
Earned vacation and personal time may be used for parental leaves (birth, adoption or foster care).
What are your reinstatement rights?
Under FMLA and state law, you are entitled to reinstatement to your old job, or a comparable position. Reinstatement will include full seniority, to the date your leave began, as well as all other benefits accrued at that time, but you will not earn additional seniority or accrue other benefits while you are on leave. Your reinstatement rights will be determined by aggregating the amount of leave for all purposes (disability, family and parental) in each calendar year.
Failure to return to work at the end of your leave will result in termination of your employment.
What procedures are required to qualify for leave?
You must request a leave of absence under these policies for any period of absence that exceeds, or will exceed, three scheduled days of work. Your request should be made to your immediate supervisor, either verbally or, if you prefer, in writing. Be sure to explain the reasons for your leave and the anticipated duration. Your supervisor will then notify the Human Resources Department, and you will be asked to sign a form explaining the nature of your leave and your rights and obligations if the leave is approved. You will be informed in writing whether your leave has been approved.
If the need for your leave is foreseeable, you must make your request at least 30 days before the leave is to begin. If 30 days' notice is not possible, you must make your request as soon as practicable, within one or two workdays of the time you discover the need for leave.
Requests for extensions of leaves should be made directly to the Human Resources Department and must be made within one or two workdays after the need for the extension is known and, in any event, prior to expiration of your approved leave.
Failure to request a leave or an extension of a leave in a timely fashion may result in denial of the leave and termination of employment.
Prior to approval of any leave for your own serious health condition or for the serious health condition of a family member, you must submit a medical certification form signed by a health care provider. This certification must be submitted as soon as possible. A delay of more than 15 days may result in denial of your leave. We reserve the right, at our expense, to require certification from a provider of our own choice and, in the event of a disagreement, to refer the matter to a third provider for a final resolution.
Leaves related to serious health conditions will not be approved for periods longer than that certified by the health care provider(s). In the event that a definite return date cannot be specified, the leave will be approved only for a period ending one calendar week after your next scheduled appointment with the provider. If your approved leave exceeds 30 days, you must provide a medical recertification of the continued need for the leave every 30 days.
If the leave is due to your own serious health condition and is two weeks or longer, you will also be required to furnish us with medical certification of your fitness to return to work prior to returning.
What is a key employee, and what are their rights? A "key employee" is an employee who is among the highest paid 10% of our employees. Key employees who qualify for FMLA leave may be denied reinstatement if that would cause substantial and grievous economic injury to our operations. You will be notified of your status as a key employee when you request leave, and you will be informed if your reinstatement rights will be denied. At that point, you may elect to continue your leave or return to work.
Jury/witness duty.
Any employee, other than temporary, shall be granted a leave of absence for required jury or other civic duty requiring appearance before a court or other public body. Such an employee shall receive his/her regular salary and, in turn, will sign over to the WHA any compensation received from any court system for service provided to that system.
Employees who are called as witnesses for the WHA shall be paid their regular rate of pay per hour for the time spent in court. A minimum of one hour shall be paid in all cases. The same method of payment shall apply in the event that an employee is subpoenaed or voluntarily appears as a witness for WHA.
Leave without pay.
Upon written application, a permanent employee may be granted a leave of absence not to exceed 13 weeks, and subject to one renewal, not to exceed 12 weeks, subject to approval by the Executive Director or his/her designee on a case-by-case basis. However, the employee must notify the Executive Director's office 30 days prior to the end of the leave period of his/her intent to return to work. If the employee fails to provide proper notification, it will be determined that he/she has resigned.
Upon return to work, such employee will be placed in his/her former job, if available, or in an equivalent one in accordance with his/her seniority at the then-prevailing rate for the work performed.
Seniority shall be retained and shall accumulate during leaves of absence.
Medical leave. See FMLA (Family and Medical Leave Act).
Military leave.
All military leaves of absence will be granted in accordance with the Uniform Services Employment and Reemployment Rights Act ("USERRA"). Advance notice of military service is required, unless military necessity prevents such notice or it is otherwise impossible or unreasonable.
Any employee, other than temporary, who is a member of a reserve force of the National Guard and is ordered to participate in a training exercise will be granted a military leave of absence for a period not to exceed 15 working days. During this period, the employee shall continue to accrue seniority, sick leave and vacation leave as though fully employed. Such employee shall receive that part of his/her regular salary that will, together with military pay, equal the employee's full salary for a similar period.
Any reserve force employee that is ordered to active duty shall be allowed a military leave of absence for that entire period of time. Seniority shall continue to accrue during this period, and the employee shall be entitled to full reinstatement to his/her former position at the same rate of pay had no military leave been taken.
Any employee who leaves his/her position to enter military service in time of war or any period of national emergency, as declared by the President of the United States, either by draft or voluntary means, shall be carried on the WHA rolls as being on a military leave of absence and shall be entitled to be restored to the same position he/she held at time of entry into the military or to an equally acceptable position for which he/she is qualified.
Parental leave. See FMLA (Family and Medical Leave Act).
Personal leave of absence. Upon written application, a regular full-time employee may request a personal leave of absence for special purposes not already covered within this policy. Such leaves must be approved by the Executive Director and may not exceed six-months' duration. The employee will be required to notify the Executive Director's office at least 30 days prior to the end of the leave period of his/her intent to return to work. If the employee fails to provide proper notification, it will be determined that the employee has resigned.
Sick leave. The WHA provides paid sick leave benefits to all eligible employees for periods of temporary absence due to illnesses or injuries.
Employee will be entitled to 10 days of sick leave (prorated) after 30 days of continuous employment, and thereafter annually on January 1.
Each January 1, employees will be credited with 10 days of sick leave.
Each employee who has not used all 10 sick days per calendar year shall be entitled to receive a cash payment equivalent to the value of such unused sick time on the payday prior to December 25th of any year.
Vacation leave. It is the declared policy of the WHA that vacation benefits shall be granted to all permanent full-time employees. Vacation leave for employees not represented by a union will be as follows:
In consideration of an employee's need for time away from work, the WHA provides time off with full pay. Vacation periods shall be based upon anniversary date as follows:
| Years of Service | Vacation | |
|---|---|---|
| Date of hire through 6 months | 7 days | |
| 7th month through 1 year | 9 additional days | |
| 2nd through 5th year | 16 days per year | |
| 6 years | 17 days per year | |
| 7 years | 18 days per year | |
| 8 years | 19 days per year | |
| 9 years | 20 days per year | |
| 10-19 years | 21 days per year | |
| 20 years or more | 26 days per year |
Employees are encouraged to take vacation in continuous weeks. However, recognizing that work schedules do not always provide such an opportunity, vacation may be scheduled one day or 1/2 day at a time.
Employees have the option to receive up to two weeks in pay in lieu of vacation time.
Vacation schedules that include one or more weeks of continuous vacation are to be submitted to the Executive Director's office as far in advance as possible, but no later than one month prior to the start of vacation, unless there are extenuating circumstances. Where conflicts occur, the Executive Director shall make the final decision.
Vacation leave shall be suspended and sick leave substituted if an employee reports to the Executive Director illness suffered interrupting vacation leave. Similarly, vacation leave shall be suspended for bereavement under the same circumstances.
In the event an employee in this group resigns, retires, or dies, any accumulated vacation shall be paid to the employee or employee's estate.
An employee in this group must submit a written request to receive his/her paycheck prior to commencement of vacation if he/she will be on vacation during the pay period.
Full-time, benefits-eligible employees are provided with a $50,000 life insurance benefit, a $20,000 benefit for a spouse and a $10,000 benefit for each eligible dependent.
The Authority shall provide full-time, benefits-eligible employees with health insurance plan coverage, provided the benefit is also available to union members. A summary description of the PPO plan is available through the Authority's Human Resources Office.
Effective October 1990, all employees are required to participate in the Temporary Disability program of the State of Rhode Island.
The WHA agrees to maintain the existing retirement savings plan with the employee's minimum mandatory contribution being 5% in order to receive the employer's matching contribution of 7%. All regular, full-time employees are eligible to participate in the Thrift Plan contribution after one year of service with the WHA.
The WHA will make available up to a total of $5,000 of tuition refund a year. This represents $2,500 every six months.
Tuition refund will apply only to courses that the Executive Director deems are relevant to an employee's job. The employee must secure the approval of the Executive Director or his or her designee prior to registering for the course, and the employee will be advised of the Executive Director's decision within 30 calendar days of submission of the request.
An employee will be eligible for a maximum of $1,000 of tuition assistance during each six-month period, with the amount of reimbursement being prorated for all employees approved for a tuition refund when the total amount of requested reimbursement or reimbursement to be paid exceeds the $2,500 maximum during any six-month period.
The amount of tuition refund will be based on the employee's grade, with a grade of "C" resulting in 75% reimbursement and a grade of "B" or better resulting in 100% reimbursement, subject to the above-referenced prorating within 30 calendar days after all grades have been received by the WHA for the six-month period.
If the whole amount of $2,500 is not expended in the first six-month period, the unexpended balance will be added to the last six-month $2,500 pool. In no event would any portion of the $5,000 allocated annually be carried over into the next fiscal year.
All employees are covered by workers' compensation insurance, which compensates an employee for lost time, medical expenses, and loss of life or dismemberment from an injury or illness arising out of or in the course of work. An employee must report any accident or injury immediately to his/her supervisor and the Human Resources Department so that the necessary paperwork may be completed.
