POLICY STATEMENT

The Princeton University Short-term Disability benefit provides income protection in the event of a short-term, or temporary, disability where the injury or illness is not work-related. The policy is administered by the Office of Human Resources.

EFFECTIVE DATE

The Princeton University Short-term Disability policy is effective September 1, 2005.

APPLICATION OF THIS POLICY

The Princeton University Short-term Disability policy applies to staff and Dean of Faculty employees[1] who are unable to work because of a continuing medically certified illness or injury that is not work-related.

SHORT-TERM DISABILITY PAY

The Princeton University Short-term Disability program is established in accordance with the Temporary Disability Law of the State of New Jersey and the federal Family Medical Leave Act (FMLA).

·         For all eligible regular full-time or part-time employees, the University supplements the New Jersey Temporary Disability rate to full base salary for up to a maximum of 26 weeks for any one period of disability.

·         Probationary and casual employees may be eligible for the minimum legal benefit as defined under the New Jersey State statute. Positions are not held for probationary and temporary employees.

·         Employees who are members of a union may be paid according to a different schedule and/or rate. Supervisors should consult the applicable contract to determine the appropriate short-term disability rate.

ELIGIBILITY CRITERIA

To be eligible for a short-term, or temporary,  disability leave the following basic criteria must be met:

1.      the employee must be unable to perform his or her regular job or any work appropriate to the disability that may be offered;

2.      the employee must be disabled for at least eight (8) full consecutive calendar days as certified by a licensed health care provider;

3.      the employee must be under the care of a licensed health care provider who certifies that the employee is unable to work;

4.      the employee must complete and submit the short-term disability application to the Office of Employee Health; and

5.      the disability medical certificate furnished by the employee must be acceptable to the Office of Employee Health.

The University reserves the right to:

a) confer with the employee’s attending health care provider;

b) have the employee examined by the Office of Employee Health;

c)  have the employee referred by the Office of Employee Health for an Independent Medical Examination (IME) or a Functional Capacity Examination (FCE) by a health care provider designated by the Office of Employee Health or for a medical case management review by a designated third party provider;

c) assign the employee to a temporary position (or light duty) appropriate to the disability.

The University has the final responsibility for determining employee eligibility for short-term disability benefits.

CONFIDENTIALITY OF RECORDS

In all cases, the Office of Employee Health and Human Resources works with the supervisor and the employee to ensure that appropriate procedures are followed while maintaining the confidentiality of the employee's medical information.

The supervisor and Human Resources should not find it necessary to inquire about the employee’s underlying medical condition or diagnosis, nor is it necessary for the employee to share such information with Human Resources or the supervisor. Rather, the supervisor and Human Resources need only communicate with the employee about the employee’s ability to perform the job duties or plans to return to work.

The employee is required to discuss the anticipated period of absence and plans to return to work with the supervisor or Human Resources.

ROLES, RESPONSIBILITIES AND PROCEDURES

Complete the short-term disability application and return to the Office of Employee Health promptly and by no later than 3 weeks from the onset of the disability.

Sign the medical certificate and give to health care providers for completion.

Follow up with health care providers and/or third party providers, if appropriate, and ensure that they submit all required medical certificates to the Office of Employee Health promptly and throughout the disability period.[2]

Keep supervisors informed on a regular basis of the expected date of return to work.

At no time should employees feel required to discuss the underlying medical condition with their  supervisors or Human Resources.

If employees return and are then absent from work with the same short-term disability within 14 consecutive days of return, the absences from the workplace are counted as the same or continuing disability.

When the employee’s medical condition requires a permanent restriction, the employee should request accommodation, if necessary, and engage in a good faith interactive conversation with Human Resources, the supervisor, and the Office of Employee Health to assess and determine whether:

1.       the employee can fulfill the essential job requirements with or without restrictions and

2.       there are reasonable accommodations that would permit the employee to perform the essential functions of the job.

Promptly send employees the required forms or refer the employees to the HR website for form retrieval.

Advise employees of procedures to be followed.

Ensure appropriate charging of time[3], and if eligible, charge time to federal FMLA leave (see 3.31 Family and Medical Leave Policy).

Advise employees about how time will be charged.

Maintain contact with the employee, and, as necessary, Human Resources and the Office of Employee Health during the disability period to ensure:

1.   appropriate planning for coverage of the employee's area of responsibility and

2.   that the employee has returned the application form and medical certificate.

Supervisors should focus their communications on the employee’s ability to perform the job duties or plans to return to work, rather than on the employee’s underlying medical condition or diagnosis.

Confer with the Office of Employee Health and Human Resources, as necessary, to determine whether light duty work is available and to plan for the employee’s return to work.

Provide information about the job duties to the Office of Employee Health when Independent Medical Examinations (IMEs), Functional Capacity Examinations (FCEs) or medical case management reviews by a designated third party provider  are needed.

If the employee’s medical condition requires a permanent restriction(s) and the employee requests a permanent accommodation, the supervisor should engage in a good faith interactive conversation with the employee, Human Resources, and the Office of Employee Health to assess and determine whether:

1.       the employee can fulfill the essential job requirements with or without modifications and

2.      there are reasonable accommodations that would permit the employee to perform the essential functions of the job.

Notifies supervisors and Human Resources that the short-term disability leave has been approved.

Arranges for Independent Medical Examinations (IMEs), Functional Capacity Examinations (FCEs) and/or third party medical case management reviews, as necessary.

Follows up with employees or health care providers for additional information or clarification, as needed.

Determines and inform Human Resources about the frequency required for employees to submit medical certificates from their health care providers.

Works with employees, the supervisor and Human Resources to clarify temporary and/or permanent work restrictions.

Notifies supervisor and Human Resources of return to work dates.

Completes Return to Work form, noting restrictions where applicable.

Works with employees and managers to ensure that correct policies and procedures are applied.

May authorize withholding salary and/or disciplinary action, if proper documentation is not received.

Sends letters to employees and their supervisors to confirm approval of the short-term disability leave of absence.

Contacts employees, typically in writing, when the Office of Employee Health has not received the employees’ medical certificates.

Sends follow-up letters to employees and their supervisors, as needed, to request additional medical certificates and/or to confirm the return to work date provided by the employee’s licensed health care providers.

RETURNING TO WORK WITH LIMITATIONS

If the transitional period exceeds four-weeks, the supervisor must have the employee charge the time not worked to unused sporadic time, unused accrued vacation, optional holidays, compelling reason time, or leave without pay.

If an employee requires work restrictions of an extended duration or modification of his or her job functions, the situation will be treated as an accommodation request under state and federal disability law, and Human Resources, the supervisor, and the Office of Employee Health, in consultation with the Provost’s Office and the Office of General Counsel, as necessary, will enter into a good faith interactive discussion with the employee to assess and determine whether

1.   the employee can fulfill the essential job requirements with or without modifications and

2.   there are reasonable accommodations that would permit the employee to perform the essential functions of the job.

If the request cannot be accommodated, the employee either may be assigned to other duties within the department or the employee may remain on short-term disability up to the maximum of 26 weeks. These accommodations may be reviewed by the Office of Employee Health as needed.

OTHER CONSIDERATIONS

If the disability begins within 14 days of the start of the regular 9, 10 or 11-month pay cycle or within 14 days of the last day worked prior to an unpaid leave of absence, the disability benefit is paid by Princeton University's Short-term Disability Plan.

If the disability begins before or after the 14-day period, the employee is eligible to apply for benefits. The benefit paid is based on the New Jersey State benefit formula.

The federal Family Medical Leave Act (FMLA) requires the University to hold most positions for a period of 12 weeks with unpaid leave. However, subject to the exceptions noted below, the University will make every effort to hold a position for up to 26 weeks for a regular employee who is absent from the workplace because of a short-term disability. (Positions are not held for probationary or temporary employees.)

Supervisors may employ a variety of strategies, such as the hiring of temporary replacements or casual employees and temporary reassignment of duties to other staff members to ensure that the department can continue to operate effectively while the employee is absent.

Supervisors must consult with Human Resources prior to attempting to replace the employee. With approval of Human Resources, employees who have a prolonged disability may be replaced if:

1.   the medical prognosis, by an authorizing health care provider, indicates that the employee's condition will not improve sufficiently within the 26 week period to allow the person to return to work and be able to perform the essential duties of the position; and/or

2.   the supervisor can clearly demonstrate that the continuing absence seriously interferes with the effective operation of the workplace.

Employees who cannot return to the workplace after 26 weeks are placed on a transitional unpaid leave of absence (normally 30 days, subject to extension), pending review and possible approval under the University's Long-Term Disability Insurance plan.

Employees who are not approved for long term disability and who cannot perform the essential functions of their job, will have their employment terminated. Employees who have their employment terminated are not eligible for severance pay.  (See 4.04 Benefits at Termination for additional information.)

CONTACTS

(609) 258-3300

www.princeton.edu/hr

hr@princeton.edu

(609) 258- 5035

www.princeton.edu/uhs/fs_employee_health.html

www.princeton.edu/dof

(609) 258-3156

(609) 258-3096

Family and Medical Leave 3.31

www.princeton.edu/hr/policies/leaves/331.htm

Vacation 3.18

www.princeton.edu/hr/policies/leaves/318.htm

Sporadic Absence 3.16

www.princeton.edu/hr/policies/leaves/316.htm

Absence From the Workplace 5.26

www.princeton.edu/hr/policies/conditions/526.htm

Short-term Disability Homepage

www.princeton.edu/hr/ben/tdhome.htm

Short-term Disability Process

www.princeton.edu/hr/ben/tdprocess.htm

Short-term Disability Q & A

www.princeton.edu/hr/ben/tempdis.htm

Short-term Disability (Maternity)

www.princeton.edu/hr/ben/maternty.htm

How to Record Short-term Disability in the Time Collection System

http://helpdesk.princeton.edu/kb/display.plx?id=9157

Return to Work Evaluation

www.princeton.edu/uhs/fs_ehs_return_to_work.html

Long Term Disability

http://web.princeton.edu/sites/TreasurersOffice/RiskManagement/
healthguidelines.html

www.princeton.edu/hr/ben/ltd.htm