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.
Ready to secure some much-needed time off for family care? Make sure to fill out your UH Form 46 accurately by clicking the button below.
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.
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
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.
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.
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.
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.
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.
What protections do employees have when returning from family leave?
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
Don'ts:
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:
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.
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:
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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