2000 5310

Personnel

SUBJECT: HEALTH INSURANCE

Health insurance for certificated and classified support staffs shall be in accordance with their respective negotiated agreements or Board policy.

Continuation of Medical Insurance Coverage at Termination of Employment

Under the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), employees and their dependents are eligible to continue their insurance coverage for up to eighteen (18) months when termination of their insurance is due to a reduction in their hours worked, or upon termination of their employment.

Dependents of employees are eligible to continue their insurance for up to thirty-six (36) months upon occurrence of one of the following events:

1. Death of the covered employee; or
2. Divorce or legal separation from the covered employee; or
3. An employee becomes eligible for Medicare and ceases to participate in the employer-sponsored plan; or
4. The dependents of a covered employee reach the maximum age for dependent coverage.

Those who are eligible to continue health coverage have up to sixty (60) days to complete the Continuation of Coverage Election Form. They must pay the full cost of their premium and may be charged for any administrative costs incurred by Wayne-Finger Lakes BOCES, up to a maximum allowed by law.

Consolidated Omnibus Budget Reconciliation

Act of 1985

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2000 5311

Personnel

WFL

The BOCES will provide health insurance coverage, to adult education instructors and teacher assistants:

1. In programs where the total hours to be worked by instructors are known in advance, instructors would become eligible for pro-rated health insurance on the same basis that our daytime instructional employees earn health insurance. Must have an FTE of .50 or higher at pro-ration, based upon 925 instructional hours per year required of day school vocational education teachers.
2. In programs where the employee has been appointed for less than 462 hours, but additional sessions are scheduled and the BOCES has reasonable assurance the additional sessions will be held amounting to more than 462 total hours, the instructor becomes eligible for health insurance coverage on the same-rated basis as above.
3. When an adult education instructor or teacher assistant works for BOCES on a regular part-time basis in the BOCES daytime program, his/her assigned FTE will be combined with the FTE equivalent of the adult education assignment for purposes of pro-rating health insurance.

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2000 5320

Personnel

WFL/EB

Employees injured in the performance of their duties are covered by Workers' Compensation Insurance. Employees shall report work-related injuries immediately to their immediate supervisor as well as the Payroll Office. Delay in reporting, if necessary, must be justified to the satisfaction of the Board and/or the insurance agency.

Reimbursement for Workers’ Compensation Insurance benefits shall be in accordance with their respective negotiated agreements.

Education Law Section 2503(10)

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2000 5330

WFL/EB

Employees may participate in the Tax Sheltered Annuity program in accordance with the provisions of Section 403(b) of the Internal Revenue Code, as amended.

The Payroll Clerk is authorized to approve applications from employees to have a deduction made from their salaries to purchase tax sheltered annuities in accordance with the above Internal Revenue Code.

Internal Revenue Code Section 403(b)

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2000 5340

Personnel

WFL/EB

The Board of Cooperative Education Services, in accordance with the Family and Medical Leave Act of 1993 (FMLA), gives "eligible" employees of the Wayne-Finger Lakes BOCES the right to take unpaid leave for a period of up to 12 workweeks in a 12-month period as determined by the BOCES.

Employees are "eligible" if they have been employed by the BOCES for at least 12 months and for at least 1,250 hours of service during the previous 12-month period. Full-time teachers are deemed to meet the 1,250 hour test. The law covers both full-time and part-time employees.

Qualified employees may be granted leave for one or more of the following reasons:

At the Board’s or employee's option, certain types of paid leave may be substituted for unpaid leave.

An employee on FMLA leave is also entitled to have health benefits maintained while on leave. If an employee was paying all or part of the premium payments prior to leave, the employee will continue to pay his/her share during the leave period.

In most instances, an employee has a right to return to the same position or an equivalent position with equivalent pay, benefits and working conditions at the conclusion of the leave.

The Board has a right to 30 days advance notice from the employee where practicable. In addition, the Board may require an employee to submit certification from a health care provider to substantiate that the leave is due to the serious health condition of the employee or the employee's immediate family member. Failure to comply with these requirements may result in the denial of FMLA leave. The Board may also require that an employee present a certification of fitness to return to work when the absence was caused by the employee's serious health condition. The Board has the right to deny restoration to employment if the employee does not furnish the certificate of fitness.

A notice which explains the FMLA's provisions and provides information concerning the procedures for filing complaints of violations of the FMLA shall be posted in each BOCES building and/or location.

Administration is directed to develop regulations to implement this policy, informing employees of their rights and responsibilities under the FMLA.

Family and Medical Leave Act of 1993

Public Law 103-3

29 Code of Federal Regulations (CFR) Part 825

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2000 5350

Personnel

Wayne-Finger Lakes BOCES recognizes that employees facing problems related to family, financial, legal, emotional, societal or health concerns may find it difficult to perform their job with the effectiveness and productiveness which they desire to demonstrate. The Wayne-Finger Lakes BOCES also recognizes that these problems can be treated, particularly in the early stages, in a fashion which will assist the employee in maintaining an efficient and effective job performance.

It is the policy of the Wayne-Finger Lakes BOCES to provide an Employee Assistance Program for all district employees and their immediate families. It is the intent of this Program to assure that an employee or a family member who has a problem which impacts or has the potential to impact negatively on the employee’s job performance will receive careful attention and an opportunity to obtain confidential professional assistance.

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2000 5360

Personnel

WFL/EB

The Board recognizes its statutory obligation to indemnify BOCES employees (and in certain circumstances, Board members and volunteers) pursuant to the provisions of Sections 3023, 3028 and 3811 of the Education Law. For the purposes of this policy, the term "employee" shall be as defined in the applicable statute(s).

BOCES shall not be subject to the duty to defend unless the employee, within the time prescribed by statute, delivers appropriate notice of the claim to the Board.

BOCES will provide legal defense and/or indemnification for all damages, costs, and reasonable expenses incurred in the defense of an action or proceeding if authorized pursuant to statute and provided that the alleged action or omission which occurred or allegedly occurred is covered by the appropriate statute(s). Furthermore, BOCES will not be required to provide indemnification protection and/or legal defense unless the employee was, at the time of the alleged incident, acting in the discharge of his/her duties within the scope of his/her employment or authorized volunteer duties and/or under the direction of the Board.

The Board hereby also confers the benefits of Section 18 of the New York State Public Officers Law upon the "employees" of BOCES, as defined in Section 18 of the Public Officers Law; and BOCES assumes the liability for the costs incurred in accordance with the provisions of Section 18. The benefits accorded to BOCES employees under Section 18 of the Public Officers Law shall supplement and be available in addition to defense or indemnification protection conferred by other enactments or provisions of law.

The term "employees" shall include members of the Board; the District Superintendent; BOCES officers; BOCES employees; volunteers expressly authorized to participate in a BOCES sponsored volunteer program; or any other person holding a position by election, appointment or employment in the service of BOCES, whether or not compensated. The term "employee" shall also include a former employee, his/her estate or judicially appointed representative.

Pursuant to the provisions of Section 18 of the Public Officers Law, and upon compliance by the employee with the requirements of this statute, BOCES shall provide for the defense of the employee in any civil action or proceeding, state or federal, arising out of any alleged act or omission which occurred or allegedly occurred while the employee was acting within the scope of his/her public employment or duties. Furthermore, BOCES shall indemnify and save harmless its employees in the amount of any judgment obtained against such employees in a state or federal court, or in the amount of any settlement of a claim, provided that the act or omission from which such judgment or claim arose occurred while the employee was acting within the scope of his/her public employment or duties. However, in the case of a settlement, the duty to indemnify and save harmless shall be conditioned upon the approval of the amount of the settlement by the Board.

The duty to defend and/or indemnify and save harmless, in accordance with Section 18 of the Public Officers Law, shall be conditioned upon the delivery by the employee to the BOCES attorney or to the District Superintendent a written request to provide for his/her defense, together with the original or a copy of any summons, complaint, process, notice, demand or pleading within ten (10) days after he/she is served with such document. Pursuant to Section 18, the full cooperation of the employee in the defense of such action or proceeding and in the defense of any action or proceeding against BOCES based upon the same act or omission, and in the prosecution of any appeal, shall also be required as a condition for BOCES’ duty to defend and/or indemnify and save harmless to exist.

Indemnification coverage and/or provision of legal defense by BOCES will not apply unless the actionable claim is of the type covered by the statute(s) and/or is not otherwise exempt from coverage pursuant to law. Additionally, indemnification coverage and/or the duty to provide a defense shall not arise where such action or proceeding is brought by or on behalf of BOCES.

Public Officers Law Section 18

Education Law Sections 1709(26) and (34-b), 2560,

3023, 3028, and 3811

General Municipal Law Sections 6-n and 52

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2000 5370

Personnel

WFL

Non-bargaining unit employees other than administrators who will have completed 20 years of service to the BOCES upon the effective date of their separation for the purpose of retirement will be, when meeting all the requirements under guidelines developed by the New York State Teachers’ and Employee Retirement Systems, eligible for a retirement benefit. The BOCES agrees to purchase unused sick days from such an employee to a maximum of 216 days. Calculation of this benefit shall be based on the following formula:

Number of Unused Sick Days x 1/3 (FINAL YEAR SALARY/260) = Retirement Benefit

Within the regulations of the IRS, all of this amount may be designated to remain in an employer funded flex account, which shall be used for the purpose of paying for the premiums of the Employee’s Health Insurance Program or other medical expenses until such amount is liquidated.