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The UH Form 46 serves as a critical tool for employees at the University of Hawaii, guiding them through the process of applying for family leave in accordance with the Family Leave Guidelines. It outlines eligibility, definitions, and detailed steps for submission, supporting those aiming to take leave for reasons such as the birth or adoption of a child, or the care of a family member with a serious health condition. This document ensures employees are well-informed of their rights and the procedural aspects of availing family leave benefits.

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Overview

Understanding the UH 46 form is essential for employees of the University of Hawaii who are considering taking family leave. Originating from Act 328, SLH 1991, this form serves as a pivotal document aimed at implementing family leave guidelines effectively. Family leave encompasses time off for the birth of a child, adoption, or to care for a family member with a serious health condition, providing support to employees during significant life events. It outlines eligibility criteria, specifying that an employee must have worked a minimum of six consecutive months at at least 50% full-time equivalency (FTE) to qualify. The form also details the administration of family leave, including the duration, the combination of unpaid and paid leave options, and the requirement for prior notification in certain cases. Moreover, it addresses employment and benefits protection for returning employees, assurances against unlawful employer practices, and the resolution process for any disputes concerning the Family Leave Act's application. With sections dedicated to the application process, it ensures employees provide necessary information regarding their leave request, fostering a structured approach to availing family leave.

Example - Uh 46 Form

FAMILY LEAVE GUIDELINES

FOR EMPLOYEES OF THE UNIVERSITY OF HAWAII

1.Purpose

To promulgate guidelines for the implementation of Act 328, SLH 1991, Family Leave, which took effect on January 1, 1992. These interim guidelines are effective until administrative rules and/or memoranda of agreements are executed.

2.Definition of Terms

A.Child: An individual who is a biological, step, adopted, legal ward, or foster son or daughter of an employee.

B.Employee: A Civil Service or BOR employees who has worked at least 50% full-time equivalency (FTE) for a minimum of six (6) consecutive months.

C.Employer: University of Hawaii, State of Hawaii

D.Health Care Provider: A physician as defined under Section 386-1, HRS

E.Parent: A biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, a grandparent, or a grandparent-in-law.

F.Serious Health Condition: A physical or mental condition that warrants the participation of the employee to provide care during the period of treatment or supervision by a health care provider, and:

1.Involves inpatient care in a hospital, hospice, or residential health care facility; or

2.Requires continuing treatment or continuing supervision by a health care provider.

3.Administration of Family Leave

A.The Family Leave Act provides that all employees are entitled to a total of four weeks of family leave during any calendar year for the following reasons:

1.The birth of an employee’s child,

2.The adoption of a child by an employee,

3.The care of an employee’s child, spouse, or parent with a serious health condition.

B.Employee eligibility and entitlement:

1.Any employee who has worked at least six (6) consecutive months for the State of Hawaii and has at least 50% full-time equivalency (FTE).

Emergency/casual hires are not eligible. Temporary employees are eligible only if they have been employed with the State or counties at .50 FTE or more for at least six (6) consecutive months. The family leave period should not extend beyond an employee’s temporary appointment expiration date.

Lecturers shall be eligible provided they have been employed at least 50% full- time equivalency (FTE) for a minimum of six (6) consecutive months.

2.Full-time employees shall be entitled to 160 hours of family leave. Eligible part- time employees shall be allowed family leave of an equivalent amount based on their FTE.

C.Family leave shall consist of unpaid or paid leave or a combination of both. An employee may elect to substitute any accumulated paid leaves (vacation or sick) for any part of the four-week family leave period. The minimum amount of paid leave that an employee may elect to substitute shall be no less than one (1) hour.

D.Family leave for all eligible employees shall be monitored and administered on a calendar year (January 1 through December 31) basis.

E.An employee should provide the supervisor with prior notice of the expected birth or adoption or serious health condition in the manner determined by the University/designee as soon as possible or if practicable, as soon thereafter as circumstances permit.

F.Under Act 328, SLH 1991, family leave for any of the three reasons (childbirth, adoption, and serious health condition), may be taken intermittently for a total of four weeks during any calendar year. An employee’s request for additional leave in excess of the four weeks required under the family leave law shall be administered in accordance with applicable leave provisions contained in applicable collective bargaining agreements, administrative rules, or executive orders.

G.Under Act 328, SLH 1991, family leave shall not be cumulative.

H.Birth/Adoption of a Child. To ensure compliance with Act 328 – Family Leave, each department may require that an application and/or claim for family leave be supported by certification of the birth of the child or expected date of birth issued by a health care provider, the family court, or certification of the placement of the child for adoption with the employee, issued by a recognized adoption agency, the attorney handling the adoption, or the individual designated by the birth parent to select and approve the adoptive family.

I.Care for Child, Spouse or Parent with Serious Health Condition. In cases where family leave is requested to care for an employee’s child, spouse or parent with a serious health condition and the employee’s accrued sick leave of five or more days is used to substitute for any part of the family leave period, the employee shall provide

(1)medical certification containing the facts regarding the serious health condition and its probable duration, and (2) evidence of family relationship.

J.Employees shall be covered by the following employment and benefits protection:

1. An employee returning to work after family leave shall be restored to the position of employment last held by the employee when the leave commenced, or restored to an equivalent employment benefits, pay, and other terms and conditions of employment.

2. An employee is not entitled to reinstatement in the former or equivalent position if during the leave period, the employer experienced a layoff or workforce reduction and the employee would have lost a position had the employee not been on family leave. The employee retains all rights, including seniority rights pursuant to layoff procedures, if layoff procedures are applicable to such employee.

3. An employee shall not lose any employment benefit accrued before the date of leave commencement, except for any paid leave that may have been used for family leave.

4. The accrual of any seniority or employment benefits while on family leaver would be administered in the same manner as any other leave without pay (LWOP) and/or paid leave situation.

4.Prohibited Acts

A.It shall be unlawful for any employer to interfere with, restrain, or deny the exercise or the attempt to exercise any right provided for under Act 328, SLH 1991.

B.It shall be unlawful for any employer to discharge or discriminate against any individual for opposing any practice made unlawful by Act 328, SLH 1991.

C.It shall be unlawful for any person to discharge or discriminate against any individual because the individual has:

1. Filed any charge, or instituted or caused to be instituted any proceeding, under or related to Act 328, SLH 1991;

2. Given or is about to give any information in connection with any inquiry or proceeding relating to any right as provided in Act 328, SLH 1991;

3. Testified or is about to testify in any inquiry or proceeding relating to any right as provided in Act 328, SLH 1991.

5.Any question of conflict concerning the interpretation and application of these guidelines affecting civil service employees shall be resolved by the Directory of the State Department of Personnel Services. Question or conflict concerning BOR appointees shall be resolved by the Director of Personnel, University of Hawaii.

APPLICATION FOR FAMILY LEAVE

(To be retained by the division)

Employee Name:

_______________________________________________________________________

Position Title:

_______________________________________________________________________

Bargaining Unit:

_______________________________________________________________________

Division/Branch/Unit:

_______________________________________________________________________

1.Specify the reason for the family leave:

Birth of an employee’s child

Adoption of a child by an employee

Care of an employee’s child, spouse, or parent with a serious health condition

2.If family leave is being taken to care for your child, spouse or parent with a serious health condition, please provide the following information:

A.Family relationship to the person being cared for:

_______________________________________________________________________________

B.The serious health condition must be an acute, traumatic, or life-threatening illness, injury, or impairment and which involves treatment or supervision by a health care provider. List name of health care provider. (If not known at this time, indicate “not known” and name of health care provider may be submitted at a later date.)

_______________________________________________________________________________

C.Probable duration of the serious health condition if known:

_______________________________________________________________________________

3.Period of leave (dates) and total number of working hours being utilized for family leave:

__________________________________________________________________________________

The information contained in this form may be subject to verification by the employer.

I certify that the above information is true and accurate.

_________________________________________________________

________________________

Employee Signature

Date

UH FORM 46 (PERS) 4/92

Document Information

Fact Detail
Purpose The form is designed to guide the implementation of Act 328, SLH 1991, Family Leave, which supports employees in times of family need starting from January 1, 1992.
Eligibility Employees must have worked at least 50% full-time equivalency (FTE) for no less than six consecutive months to be eligible for family leave.
Leave Duration and Usage Eligible employees are entitled to four weeks of family leave per calendar year, for birth or adoption of a child or to care for a family member with a serious health condition.
Administration Family leave consists of unpaid or paid leave, with employees able to substitute any accumulated paid leave for part of the four-week period.
Governing Law Act 328, SLH 1991, Family Leave, as governed by the State of Hawaii laws, is the primary regulation dictating the provisions of the UH Form 46.

Guide to Writing Uh 46

Understanding the process of applying for family leave is crucial for employees at the University of Hawaii who find themselves needing time off for significant family events or health issues. The UH 46 form is the designated document for initiating this process. Filling it out correctly ensures that employees communicate their needs effectively and comply with university guidelines. Here are simple steps to take when completing the form, designed to help navigate the requirements with ease.

  1. Start by entering your full name in the space provided for Employee Name.
  2. Next, fill in your current Position Title, as officially recognized by the University of Hawaii.
  3. Indicate your Bargaining Unit number or classification to help determine the specific terms that apply to your leave.
  4. Write down your Division/Branch/Unit to specify where you are currently stationed or working within the university system.
  5. Under "Specify the reason for the family leave," check off the appropriate box that corresponds to your situation: Birth of an employee’s child, Adoption of a child by an employee, or Care of an employee’s child, spouse, or parent with a serious health condition.
  6. If your leave is due to caring for a family member with a serious health condition, you'll need to complete the following details:
    • Your family relationship to the patient.
    • The name of the health care provider overseeing their treatment (write "not known" if you're currently unaware, and be prepared to update this information later).
    • The probable duration of the serious health condition, if known.
  7. Specify the period of the leave you're requesting by listing both the start and end dates, along with the total number of working hours this encompasses.
  8. Before signing, recheck the form to ensure all provided information is complete and accurate. Inaccuracies can delay processing.
  9. After verifying the information, sign your name and date the form where indicated.

Once your UH 46 form is filled out and submitted, your division will retain it for record-keeping and process verification. The information you've provided may be checked for accuracy, so be prepared to supply any additional documentation as requested by your employer. Remember, this form is a formal request for family leave, so communication with your supervisor and HR department throughout the process is key to ensuring everything progresses smoothly.

Frequently Asked Questions

  1. What is the UH Form 46, and who needs to complete it?

    The UH Form 46 is designed to facilitate the application process for family leave under the guidelines set by the University of Hawaii, following Act 328, SLH 1991. This form is necessary for employees of the University of Hawaii who are seeking to take family leave for the birth or adoption of a child, or to care for a child, spouse, or parent with a serious health condition. Employees who have worked at least 50% full-time equivalency (FTE) for a minimum of six consecutive months are eligible to apply for family leave using this form.

  2. How much family leave are employees entitled to, and can it be paid?

    Eligible employees are entitled to a total of four weeks of family leave during any calendar year. This can include the birth or adoption of a child, or caring for a family member with a serious health condition. The leave can be a combination of unpaid or paid leave. Employees have the option to substitute any accumulated paid leave (such as vacation or sick leave) for any part of the four-week family leave period, with a minimum substitution of one hour.

  3. What are the requirements for notifying an employer about taking family leave?

    Employees are required to give their supervisor prior notice of the need for family leave as soon as possible, especially in cases of expected birth or adoption, or when a serious health condition of a family member arises. The notice should be given in a manner determined by the University or designated representative, allowing for practical circumstances that might delay immediate notification.

  4. What protections do employees have when returning from family leave?

    • Employees are guaranteed to be restored to their original position or an equivalent position with the same employment benefits, pay, and other terms and conditions of employment.
    • An employee is not entitled to reinstatement if, due to a layoff or workforce reduction that occurred during the leave period, the employee would have lost their position even if they had not taken family leave. However, they retain their rights, including seniority rights, if applicable.
    • The act of taking family leave does not result in the loss of any employment benefits accrued before the start of the leave, except for any paid leave that may have been used.
    • Accrual of any seniority or employment benefits during the family leave period is treated the same as any other leave without pay (LWOP) and/or paid leave situation.

Common mistakes

Filling out the UH Form 46, dealing with Family Leave Guidelines for employees of the University of Hawaii, can be a bit tricky. Here are nine common mistakes people often make which can delay or negatively influence the processing of their application:
  1. Not specifying the reason for family leave clearly. The form requires choosing from the birth of a child, adoption, or caring for a child, spouse, or parent with a serious health condition. Failing to clearly mark one of these reasons can result in unnecessary back and forth.

  2. Leaving the family relationship section blank or incomplete. It's vital to establish the relationship of the employee to the person who necessitates the care, as eligibility may depend on this information.

  3. Incorrect or vague information about the serious health condition. The condition must be described adequately, noting that it is an acute, traumatic, or life-threatening illness, injury, or impairment involving treatment or supervision by a health care provider.

  4. Listing an unknown health care provider without a follow-up plan. If the health care provider's details are not yet known, stating "not known" is acceptable, but it's important to provide this information at a later date without delay.

  5. Failure to provide the probable duration of the serious health condition. While it might not always be completely predictable, a rough estimation helps in planning the leave period.

  6. Incomplete dates and work hours for the leave period. Being precise with the start and end dates, as well as the total hours needed, is essential for accurate processing.

  7. Not certifying the information contained in the application. The form must be signed and dated by the employee for it to be considered valid and processed.

  8. Forgetting to mention if accumulated paid leaves will be substituted. Employees have the option to substitute any accumulated paid leaves (vacation or sick) for any part of the four-week period, but this needs to be indicated specifically.

  9. Overlooking the requirement for supporting documentation in cases of birth/adoption or when caring for a family member with a serious health condition. Proper certification or evidence of family relationship when accrued sick leave is used is critical.

Watching out for these common oversights can streamline the process, ensuring that employees receive the benefits they're entitled to under family leave guidelines without unnecessary headaches.

Documents used along the form

When dealing with the complex processes of applying for family leave, particularly under the guidelines stated in the UH FORM 46 (PERS), employees of the University of Hawaii might need to prepare additional forms and documents to ensure a smooth application process. The following explains eight such documents that are often used in conjunction with the main family leave form, aiming to assist employees in navigating the administrative labyrinth with greater ease.

  • Medical Certification Form: This document, completed by a healthcare provider, certifies the serious health condition of the child, spouse, or parent, detailing the necessity and duration of the leave required. It serves as a critical piece of evidence to support family leave used to care for a sick relative.
  • Proof of Family Relationship: Documents like birth certificates, marriage certificates, or adoption papers might be necessary to establish the family relationship between the employee and the person receiving care, as stated in the UH FORM 46.
  • Adoption Documentation: In cases of leave for adoption, employees should provide documentation from an adoption agency or attorney to confirm the placement of a child. This ensures the leave request meets eligibility criteria for adoption-related absences.
  • Notice of Leave Form: Employees are typically required to provide a notice of their intention to take family leave. This form allows employees to officially notify their supervisors and the human resources department of their planned leave, including duration and start date.
  • Return to Work Certification: Before resuming duties, an employee might be required to submit a return to work certification. This form, often completed by a healthcare provider, states that the employee or their family member has recovered or stabilized sufficiently for the employee to return to work.
  • Leave Balances Report: A document indicating the employee's available paid leave balances (vacation, sick leave) that might be used in lieu of, or in addition to, unpaid family leave. It helps employees and employers track the amount of paid leave being substituted for unpaid family leave.
  • Employee Benefits Status Form: While on family leave, it's essential to maintain certain benefits. This document outlines which benefits will continue during the leave period and how they will be administered, ensuring that employees are aware of their rights and benefits status.
  • Request for Intermittent Leave Form: For employees who need to take family leave intermittently, this form helps schedule and approve the non-consecutive days or hours an employee will be on leave. It's particularly useful in managing the care of family members with serious health conditions that do not require continuous leave.

Each of these documents plays a valuable role in the family leave process, ensuring that employees provide the necessary information and comply with both the University of Hawaii and the State of Hawaii's requirements. By understanding and properly managing these forms and documents, employees can more easily navigate the administrative aspects of taking family leave, focusing instead on the well-being of their family or themselves during these critical times.

Similar forms

The UH 46 form is similar to other documents used in the administration of leave within various organizations, particularly those that pertain to family and medical leave. These documents share common features in structuring eligibility requirements, defining terms, and outlining the procedures for applying for leave. Each document, while unique to its organization, follows a general blueprint that aids in the administration of leave in a structured and equitable manner.

One comparable document is the Family and Medical Leave Act (FMLA) Certification Form used by employers across the United States. Like the UH 46 form, the FMLA form requires detailed information about the reason for the leave request, whether it’s for the birth of a child, adoption, or to care for a family member with a serious health condition. Both documents necessitate certification from a healthcare provider when the leave involves serious health conditions. They also outline the rights and protections of employees, such as job restoration and maintenance of benefits, and set forth specific eligibility criteria, including the length of service and hours worked.

Another document with similarities is the State Leave Application used by state employees, which also addresses various types of leave including family leave. This document, akin to the UH 46 form, often requires employees to specify the type of leave requested, provide a detailed reason for the leave, and submit appropriate documentation to support the leave request, such as medical certification or proof of a family relationship. The emphasis on substantiating the leave request with adequate documentation is a common thread between these documents, ensuring that the leave is justified and in compliance with relevant laws and policies.

Additionally, the Employee’s Request for Family Leave form, specific to corporate entities, bears resemblance to the UH 46 form in its structure and purpose. It typically outlines the conditions under which an employee is entitled to family leave, including the expected duration and scheduling of such leave. Like the UH 46 form, it often allows for both unpaid and paid leave options, enabling employees to substitute accrued paid leave for family leave to ensure financial support during their absence. This document also stresses the protection of employees’ jobs upon their return, mirroring the job protection guidelines found in the UH 46 form.

In summary, while the UH 46 form is tailored to the needs of the University of Hawaii employees, its structure, requirements, and protections align closely with those found in similar leave-related documents across different sectors. These documents collectively underscore the importance of supporting employees through significant family and medical needs while ensuring a clear and fair process for requesting and administering leave.

Dos and Don'ts

Filling out the UH Form 46 is a critical step for employees at the University of Hawaii seeking family leave. Ensuring accuracy and completeness in this process is paramount. Below are key dos and don'ts to keep in mind when managing this essential document.

Dos:

  1. Double-check the eligibility criteria, confirming you've been employed for at least six consecutive months with at least a 50% full-time equivalency (FTE).
  2. Clearly specify the reason for the family leave, choosing among the birth of a child, adoption, or care for a family member with a serious health condition.
  3. Accurately detail your relationship to the person you are caring for, if applicable.
  4. Include the name and contact information of the health care provider overseeing the serious health condition, ensuring it matches the defined criteria under the form's guidelines.
  5. Provide precise dates and the total number of working hours you intend to utilize for family leave.
  6. Ensure all the information provided is true and sign the document to verify its accuracy.
  7. Provide prior notice to your supervisor as required, detailing the expected leave period as soon as possible.
  8. Should you decide to substitute any part of your family leave with paid leave, remember the minimum amount is no less than one hour.
  9. Be mindful of the non-cumulative nature of the family leave under Act 328, meaning unused leave doesn't roll over to the next calendar year.
  10. Remember to submit any required certification for the birth/adoption of a child or for a serious health condition as stipulated by the guidelines.

Don'ts:

  1. Don't overlook the requirement to have worked at least six consecutive months at a minimum of 50% FTE to be eligible.
  2. Don't provide vague reasons for leave; be specific about the circumstances, as outlined in the application.
  3. Don't leave out the name or indicate "not known" for the health care provider without following up with the required information later.
  4. Don't estimate or guess the duration of the serious health condition; provide the most accurate information available.
  5. Don't forget to sign and date the form, as unsigned forms may not be processed.
  6. Don't fail to provide advance notice to your supervisor, as failing to do so could complicate the leave approval process.
  7. Don't misuse the form for purposes other than specified by the Family Leave Act. Ensure your request aligns with the eligible reasons.
  8. Don't attempt to apply for more than the entitled four weeks of leave without discussing additional leave provisions that may apply.
  9. Don't ignore the document's note on verification, which means the information you submit can be checked for accuracy.
  10. Don't neglect to review your application thoroughly before submission, as incomplete or inaccurate information can lead to delays or denial of the leave request.

Misconceptions

When it comes to understanding the UH Form 46, which relates to Family Leave Guidelines for Employees of the University of Hawaii, there are several misconceptions that can arise. Here, five common misunderstandings are clarified:

  • Only full-time employees are eligible for family leave. This is incorrect. Both full-time and part-time employees are eligible for family leave, provided they have worked at least 50% full-time equivalency (FTE) for a minimum of six consecutive months before applying for the leave. This includes civil service and BOR (Board of Regents) employees.
  • Family leave is always paid. This is a misunderstanding. The UH Form 46 states that family leave consists of either unpaid or paid leave, or a combination of both. Employees have the option to substitute any accumulated paid leaves (like vacation or sick leaves) for any part of the four-week family leave period, but it is not inherently paid leave.
  • Family leave can only be taken in one continuous period. This is not the case. Under Act 328, SLH 1991, family leave can be taken intermittently for a total of four weeks during any calendar year. This provides flexibility for employees needing to attend to family matters that do not require a continuous leave.
  • Family leave is cumulative from year to year. Another misconception. According to the guidelines, family leave is not cumulative. Any entitlement to family leave resets every calendar year (January 1 through December 31), and unused leave from one year cannot be carried over to the next.
  • An employee's job position is guaranteed after returning from family leave. While the guidelines generally protect an employee's position, there are exceptions. If, during the leave period, the employer experienced a layoff or workforce reduction that would have affected the employee's position regardless of their leave status, then the employer is not required to restore that employee to their previous position or an equivalent one. However, the employee retains any seniority rights pursuant to applicable layoff procedures.

Understanding these aspects of the UH Form 46 is essential for both employees and employers to properly navigate the family leave process, ensuring that rights are preserved while also adhering to the regulations established by the University of Hawaii and the state law.

Key takeaways

Understanding the UH Form 46 is essential for employees of the University of Hawaii who are considering taking family leave. Here are six key takeaways to help navigate the process:

  • The form is designed to implement the guidelines of Act 328, SLH 1991, Family Leave, which allows employees to take leave for family-related reasons since January 1, 1992.
  • Eligibility for family leave is specific: the employee must have worked for at least six consecutive months at a minimum of 50% full-time equivalency (FTE). This includes civil service and BOR employees but excludes emergency/casual hires, with specific conditions for temporary employees and lecturers.
  • Family leave encompasses unpaid or paid leave, or a combination thereof, not exceeding four weeks per calendar year. Employees have the option to substitute accumulated paid leaves (vacation or sick) for part of the family leave period.
  • Family leave can be used for the birth or adoption of a child, or to care for the employee’s child, spouse, or parent who has a serious health condition, with provisions for intermittent leave. Supporting documentation may be required for birth, adoption, or serious health conditions, including medical certification and evidence of family relationship.
  • The act ensures protections for employees regarding their position, benefits, pay, and terms of employment upon returning from family leave. However, it does not protect from layoff or workforce reduction situations that would have affected the employee regardless of their leave status.
  • It is prohibited for employers to interfere with, restrain, or deny the exercise of any family leave rights under Act 328, as well as to discharge or discriminate against individuals exercising their rights or participating in related proceedings.

Completing the UH Form 46 conscientiously ensures that both the employee and the University of Hawaii adhere to the guidelines set forth by Act 328, SLH 1991, supporting employees during significant family milestones while maintaining legal and administrative compliance.

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