Frequently Asked Questions about Leaves of Absence
The Human Resources website provides detailed information about what you should do before, during, and after a leave of absence. We ask that you review Leave of Absence on the HR website if you are considering taking a leave of absence.
Other sites to explore include:
2. Is it my responsibility to inform my manager/supervisor of my leave?
Yes. It is your responsibility to notify your manager/supervisor of a foreseen leave of absence. If unforeseen, notification should be made to the employee's manager/supervisor as soon as possible. The employee is not required to discuss with his/her manager/supervisor or department the nature of the medical leave.
3. Do I continue to accrue vacation and sick time while on a leave of absence?
If your approved Leave of Absence is "with pay", you will continue to accrue vacation and sick time. Your vacation and sick time will accrue at the rate in effect prior to your approved paid leave of absence. If the leave is granted "without pay", no additional vacation or sick time is accrued or reported.
4. What documentation must I submit when I request a leave of absence?
Documentation requirements vary by Leave. Check the appropriate Leave of Absence Policy or Collective Bargaining Agreement for details.
5. Is there help available since I have exhausted all of my accrued sick and/or vacation time and I am without pay?
You may inquire about the Leave Donation Policy, which allows eligible employees who have experienced a catastrophic illness or injury and who have exhausted all accrued time, to receive donations of accrued vacation hours from fellow employees. Please refer to the Leave Donation website to review eligibility, procedures, and forms.
If you are an AAUP represented faculty member, refer to your collective bargaining agreement.
6. How can I tell when I'll run out of pay?
You can estimate when you'll run out of paid time by checking your most recent pay stub. Your supervisor should also be able to assist you.
7. If a paid holiday occurs while I'm on a leave of absence, will I be paid for the holiday?
If you are on a Leave of Absence with pay, you will receive pay for the holiday. If you are on a Leave of Absence without pay, you will not receive pay.
8. How long can I be on a Leave of Absence?
9. What is the university's maternity leave policy? *
There is no separate maternity leave policy; however, an employee may qualify for an FMLA (Employee) or Medical Leave (Employee) with or without pay.
10. Does the university have paternity leave? *
No; however, an employee may qualify for FMLA-Medical (Family) or Medical (Family) Leave of Absence with or without pay.
11. An employee is expecting a baby soon. How do I process her leave of absence?
You must first determine whether or not the employee is eligible for FMLA. The employee must use sick time for the duration of medical certification and may elect to use vacation if all sick time is exhausted. Sick time may not be used beyond the period of medical certification. When initiating the PCR, you should select Leave of Absence with pay if using sick and/or vacation or Leave of Absence without pay if no paid time is available to use.
The Leave reason will be Paid or Unpaid FMLA-Medical (Employee) if FMLA eligible or Paid or Unpaid Medical (Employee) if not FMLA eligible. Employees may remain absent for child-rearing leave following absence for childbirth. When initiating the PCR, you should select Leave of Absence with pay if using vacation or Leave of Absence without pay if no paid time is available or requested. The Leave reason will be Paid or Unpaid FMLA Child-rearing if FMLA eligible, or Paid or Unpaid Child-rearing if not FMLA eligible.
12. Post Doc Fellows are eligible for six weeks paid maternity/paternity leave. Are eligible Post Doc Fellows required to exhaust all accrued sick time and vacation time as part of the approved leave? Is this leave treated as an FMLA absence? Which Leave type do I use when initiating a PCR?
When a College of Medicine Post Doc employee indicates the need for a maternity/paternity leave per the College of Medicine Post Doc policy you must first determine whether or not the employee is eligible for FMLA. The employee must exhaust all accrued sick (for the duration of medical certification) and vacation as part of the leave. If the Post Doc employee has not accrued six weeks of accrued time (sick or vacation), the balance of the time off is paid as regular pay. The full six weeks of time is paid time. When initiating the PCR, you should select Leave of Absence with pay. The Leave reason will be Paid FMLA Medical (Employee if maternity or Family if paternity) if FMLA eligible or Paid Medical (Employee if maternity or Family if paternity) if not FMLA eligible.
13. An employee has requested time off for a medical reason. She has exhausted all available FMLA time as well as all accrued vacation. She has 10 hours of sick time available to her. Her absence will be 20 calendar days. What Leave type and reasons do I use when initiating the PCR? Her last day worked will be July 17, 2012.
Process as follows: (Example)
- Leave of Absence with pay - Paid Medical (Employee): Effective July18 (first day after last day worked)
- Leave of Absence without pay - Unpaid Medical (Employee): Effective July 20 (first full day without pay)
- Report eight (8) hours sick on July 18 and two (2) hours sick and six hours sick with no pay on July 19
14. An employee's last day worked before his/her leave begins is a Friday. When does the employee's Leave of Absence begin?
Since the employee's last day of work was Friday, the Leave of Absence will begin on the following Monday (unless the employee is normally scheduled to work on Saturday or Sunday). The start of the Leave of Absence is the following scheduled work day after the last day worked.
15. I am currently on a Leave of Absence with pay, but will exhaust all my sick time soon. How will I know how much I need to pay in order to continue my benefits? Where do I send my check?
You will receive a letter and an invoice from UC Benefits shortly after your organizational unit initiates the PCR placing you on a Leave of Absence without pay. The invoice will detail the amount you must submit each month in order to keep your benefit coverage in force. Payment instructions are also included on the invoice. If you do not hear from UC Benefits near the time you exhaust your paid time, feel free to contact them at 513-556-6381.
16. If I exhaust all paid time and I am unable to return to work, what happens to my benefits?
You should contact UC Benefits at 513-556-6381 to talk about your specific situation.
17. What are the qualifying events that will allow me to change my coverage?
You have 31 days to make changes to your pre-tax benefits (health, life, flexible spending account) when you experience a "qualified status change." going from a paid leave to a leave without pay is a qualifying event that allows you to make coverage changes. Returning from a Leave without pay is another qualifying event. You must request any desired changes within 31 days of the event effective date. Examples of other qualifying events are gaining a dependent by marriage, birth, or adoption. It also applies if you lose a dependent through divorce or death. You may also have a 31-day enrollment window if your spouse loses their coverage due to loss of job, unpaid leave of absence or change to part-time status. We will need documentation of these events for the change to be processed.
18. How does my no-pay status affect my Flexible Spending Account? (FSA's are sometimes referred to as Section 125 Flex Plan or Cafeteria Plan benefits.
Are you currently enrolled in an FSA? If so, and you return to work from an unpaid leave in the same calendar year, your FSA deduction amount will automatically increase so you will reach your elected annual amount by the end of the calendar year. You may also be eligible to make changes to your FSA before you leave. Be sure to talk to UC Benefits before you go on leave so we can discuss the options with you.
19. What happens to my benefits if I do not come back to work following an unpaid Leave of Absence?
If you do not return to work, your insurance will terminate retroactively to the date through which your premiums were paid. If you did not pay premiums while you were on leave of absence, you are responsible for paying any medical or dental expenses you incurred and you may not be eligible for COBRA coverage. Please contact us as soon as you begin your leave of absence so we can discuss your options.
20. What is long term disability?
This is an elective benefit that provides supplemental income to you, the employee, while you are totally disabled (more than four or six months depending upon the plan in which you are enrolled). Upon approval from UC's disability carrier, you will receive a monthly disability benefit check based on your current benefit election, 60% of base salary or 65% of base salary. Your LTD benefit may be offset by other sources of income you may be receiving.
21. When does long term disability begin?
Employees enrolled in the plan must be off work for a period of 120 or 180 consecutive days, depending upon the plan.
22. How do I make a claim for long term disability?
To obtain the appropriate claim form, please contact UC Benefits at 513-556-6381.
23. Who do I call if I have questions?
Contact Human Resources at 513-556-6381. Be sure to contact us at the start of your leave of absence; then again when you return to work.
24. Is it permissible to require FLSA-exempt (i.e. non-hourly) employees to use partial days of accumulated leave when absent from work?
Yes. The U.S. Department of Labor has addressed the question in the DOL Opinion Letter. Questions can be directed to Labor Relations and Policy Developmentat 513-556-6372.
25. Does the university offer Organ Donation Leave as provided under the Ohio Revised Code 124.139?
Yes. Pursuant to Ohio Revised Code 124.139 UC will provide a paid* leave of absence of up to 240 hours each calendar year to any full-time employee who donates a kidney or any portion of a liver. Additionally, any full-time employee who donates bone marrow is eligible for up to 56 hours of paid* time off during any calendar year. Time off work will be processed according to university FMLA, time off work and leave procedures which means that FMLA may run concurrent to any organ donation leave time granted. If the employee remains absent beyond the paid* period of absence provided for in the Code university paid leave time must be used and reported as appropriate.
*regular pay; you are not required to use sick time if you meet Organ Donation Leave requirements. Use of employee paid time off work accruals is not required for the first 240 or 56 hours; organ donation leave time off is to be reported as ABS.
1. What is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act is a federal law which allows unpaid leave for up to 12 work weeks in a 12-month period for certain qualifying events for eligible employees. FMLA provides job protection for employees who take this leave. The university uses a rolling 12-month calendar.
FMLA is not a separate leave bank; it is the university's policy to substitute paid leave for unpaid FMLA when appropriate. Substitution of paid leave is determined by the terms and conditions of the University's leave policies and collective bargaining agreements.
2. Who is eligible for FMLA?
Employees are eligible if they have worked (including student work employment) for the university for at least 12 cumulative months (employment prior to continuous break in service of seven (7) years or more is not counted) and for 1,250 hours (hours worked, not hours in pay status) over the previous 12 months as of the date leave is to begin, and who have not used their total 12 work weeks entitlement during the individual's 12 rolling-month period. Any FMLA taken will reduce an employee's remaining available leave entitlement.
Eligibility must be determined as of the date the FMLA leave is to start. An employee may be on "non-FMLA leave" at the time he/she meets the eligibility requirements and, in that event, any portion of the leave taken for an FMLA-qualifying reason after the employee meets the eligibility is "FMLA leave."
Employees returning from National Guard or Reserve service must be credited with hours they would have worked.
Examples of qualifying events are:
- Overnight hospitalization of employee or qualified family member
- Incapacity due to pregnancy, prenatal medical care or child care for the employee's child after birth, or placement for adoption or foster care
- Care for the employee's spouse, son/daughter under 18 (or over 18 only if she/she is incapable of self-care because of a mental or physical disability at the time leave is to begin), or parent, who has a serious health condition
- A serious health condition that makes the employee unable to perform the essential functions of the employee's job
- Qualifying exigencies arising out of the fact that the employee's spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation
- Care for a covered service member of the Armed Forces, including National Guard or Reserves who has a serious injury or illness incurred in the line of duty on active duty, that renders the service member medically unfit to perform his/her duties) for which the service member is undergoing medical treatment, recuperation, therapy, in outpatient status, or is on the temporary disability retired list
4. What is a serious health condition as defined under Family and Medical Leave?
A serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a healthcare provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents the qualified family member from participating in school or other daily activities.
5. What does continuing treatment mean?
Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three (3) consecutive calendar days combined, with at least two (2) visits to a healthcare provider or one (1) visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition.
Other conditions may meet the definition of continuing treatment. For an incapacity of over three (3) days to qualify as a serious health condition based on "two (2) visits to a healthcare provider," the two (2) visits must occur within 30 days of when the incapacity begins absent extenuating circumstances. The healthcare provider must determine that the second visit is necessary, and the first visit must be within seven (7) days of the first day of incapacity. This seven (7) day requirement also applies where the "one (1) visit to a healthcare provider followed by a regimen of treatment" standard is being applied. Whether additional treatment visits are necessary within the 30-day grace period is to be determined by the healthcare provider.
6. What is not covered under Family and Medical Leave?
Family and Medical Leave is not intended to cover short-term conditions for which treatment and recovery are very brief (i.e. cold, flu, etc.). Treatment does not include routine physical exams, eye exams, or dental exams. Over the counter medications are not considered a course of treatment.
7. What is the definition of a son or daughter under Family and Medical Leave?
Son or daughter means a biological, adopted, foster child, stepchild, legal ward, or a child of a person standing in loco parent is, who is either under age 18 or age 18 or older and "incapable of self-care because of a mental or physical disability, at the time leave is to begin.
8. What is intermittent FMLA?
Intermittent FMLA is FMLA time taken in separate blocks due to a single qualifying reason.
9. Can an employee take intermittent FMLA for prenatal care?
Yes, because prenatal care is determined to be a serious health condition under the FMLA definition. In fact, all prenatal physician visits taken during working hours should be reported as FMLA., if the employee is FMLA eligible.
10. Can an employee take intermittent FMLA for child-rearing?
Yes. Time taken for child rearing or placement may be taken intermittently or on a reduced schedule, with the approval of the department. Time taken for child rearing, foster care or adoption must be taken within 12 months of the date of the birth or placement of the child.
11. Can a father of a newborn child take FMLA too?
Yes. The father may take FMLA for the birth of a child, to care for his spouse following the birth of the child for the period of medical certification, and to care for that child (child-rearing) or for the placement of a child for adoption or foster care. Documentation requirements must be met.
12. Who determines whether leave qualifies under FMLA?
The university, in conjunction with information provided by the employee and the appropriate healthcare provider, determines whether or not FML is appropriate. Eligible employees cannot choose to decline taking FML when there is a qualifying event.
13. How do I apply for Family and Medical Leave?
Employees can request FML time verbally by contacting their supervisor. Your supervisor or business office will provide you with the Certification of Health Care Provider form which must be completed by you and your healthcare provider. Your healthcare provider must submit the form to University Health Services within 15 calendar days of receipt.
Even if you do not apply for FMLA, your supervisor may place you on FML Medical Leave of Absence when she/he determines you are eligible and knows you have a qualifying event. It is the responsibility of management to place an eligible employee on FML when there is a qualifying event. It is not the employee's choice to decline using FML.
14. Is advance notice required to take FML time?
Employees seeking to use FML time are required to provide 30-day advance notice of the need to take FML time when the need is foreseeable or as soon as practicable. Absent unusual circumstances employees must comply with the University's usual and customary notice and procedural requirements for requesting leave or the request for FML time may be denied.
Employees must follow university required notice procedures for substitution of paid leave for FML time. Failure to comply with call-in procedures may result in discipline.
15. When does my year for FML purposes begin?
It begins the very first time you use your first day or hour of FML time. For example, if you use your first day of FML time on March 3, 2012, your 12-month calendar or "window" will be from March 3, 2012 through March 2, 2013. During this 12-month "window" you may use up to 12 work weeks of FML time for a qualifying event.
16. How do I get paid (versus being unpaid) while using Family Medical Leave time?
You are paid in conjunction with the university policies on sick time/vacation time/comp time. You are paid only if you have accrued sick, vacation, or comp time. Employees are required to substitute paid sick time for unpaid FML time and may elect to remain in pay status using vacation or comp time before being placed on an unpaid medical leave.
17. If I am on Family and Medical Leave time on a holiday, will I be paid for that holiday and does the holiday count as FMLA time off?
If you are in a pay status on both the day before and the day after the holiday, you will be paid FML holiday pay. If not, you will not be paid for the holiday.
For purposes of determining the amount of FMLA time used, the fact that a holiday may occur within the FMLA work week taken has no effect; the week is counted as a work week of FMLA leave.
18. If both husband and wife are UC employees, are they each eligible for 12 weeks of FML per 12-month period?
Sometimes, but not always. When it is for their own serious health condition or the serious health condition of their spouse or child, they may each take 12 work weeks of FMLA. Spouses who both work for the university are limited in the amount of family medical leave they may take for the birth and care of a newborn child, placement of a child for adoption or foster care, or to care for a parent who has a serious health condition to a combined total of 12 work weeks (or 26 work weeks if leave to care for a covered services member with a serious injury or illness is also used).
19. In what way does Family Medical Leave protect me?
Family and Medical Leave protects your job. In most cases, your same job will be held for you up to a maximum of 12 work weeks in 12 months. If not the identical job, an equivalent job with the same pay, benefits, and other terms and conditions of employment will be provided in accordance with university policy and collective bargaining agreements.
In addition, FMLA absences cannot be held against you for corrective action purposes regarding absenteeism. Also, while you are on approved FMLA, the university will continue to pay its share of the cost for your basic life insurance, long-term disability insurance (if applicable), and for your own health insurance even if you are in no-pay status.
20. What if I do not return to work after being on Family Medical Leave?
You must repay any health insurance premiums the university paid for you unless you do not return to work due to a continuation of your serious health condition or if other circumstances occur which are beyond your control.
21. What if I am on Workers' Compensation? Is that also Family Medical Leave?
Yes it can be. Contact Human Resources for additional assistance at 513-556-6381.
22. As a supervisor or manager, what is my responsibility regarding the Family and Medical Leave Act?
You are responsible for knowing about and understanding the Family and Medical Leave Act.
You must be able to determine when your employee might be experiencing a qualifying event under the FMLA by inquiring sufficiently and appropriately to employee requests for time away from work. You must then follow the proper procedures to place your employee on FML, if appropriate. It is your responsibility to provisionally designate FML even if the employee does not apply for it. The employee may not choose to decline FML if they are eligible for it and have a qualifying event.
As soon as you are aware of your employee's FML qualifying event, you must notify your employee of his/her eligibility for FML. If the employee is not eligible, you are required to give the employee a completed WH-382 within five (5) business days of notice/request. If eligible, you are to provide the employee with a cover letter, Certification of Healthcare Provider form, and the Employee Rights and Responsibilities document within five (5) business days of notice or request.
You must track FML absences appropriately via payroll data entry.
23. Who can request FMLA?
The employee. In addition, managers and supervisors should provisionally designate FMLA in writing to an eligible employee if a request is not made and there is enough information to believe that the absence meets the requirements of FMLA.
24. What happens to the benefits while an employee is on FML?
The use of FML time cannot result in the loss of any employment benefit that accrued prior to the start of the employee's leave. During FML-related leave, the University must maintain the employee's health coverage under any "group health plan" on the same terms as if the employee had continued to work. If on paid leave, employee health care contributions continue to be deducted from the paycheck. If on unpaid leave, the employee must make arrangements with the Human Resources Department to pay for the health care that would have been deducted from the paycheck.
25. What are the return-to-work steps?
Before being restored to employment, any employee who has taken and FML-related leave that was in any part attributable to the employee's serious health condition, and for a period of five (5) or more consecutive work days, must submit to University Health Services (UHS) with a release to return to work from his/her healthcare provider. This includes returning from maternity (medical) leave. UHS will facilitate the employee's return to work. The employee must present a release of return from UHS to his/her supervisor before returning to the job. If returning from child-rearing leave (following medical leave) a note from the employee's health care provider releasing her to full duty is to be presented directly to the supervisor and no visit to UHS is required.
26. Where can I find more specific information on Employee Rights and Responsibilities concerning FMLA?
You can find more information at www.uc.edu/hr/benefits/leaves_of_absence.html.
27. An employee and his child come down with a cold and the employee needs to stay home for two consecutive days. They see the doctor and receive medical care. Would this qualify as FMLA?
No. There is no serious medical condition involved.
28. An employee and his child come down with an illness and the employee needs to stay home for four consecutive days. They see the doctor twice and receive a regimen of continuing medical treatment. Would this qualify for FMLA?
Yes, as long as the employee has met all other requirements, has not exhausted FML time, and if the doctor visits are within 30 days of when the incapacity begins; absent extenuating circumstances.
29. An employee suffers a severe stroke and is hospitalized. The doctor informs the employee she/he can not perform his/her job under the circumstances and advises her/him to take one (1) month off work to recover, undergo therapy, or have a minor surgical procedure. Would this qualify as FML time?
Yes, as long as the employee has met all other requirements and has not exhausted FML time, this would be considered a serious health condition and the employee would need to follow up with a request to the department and submit the appropriate CHCP form to University Health Services for review.
30. An employee has been employed at UC for 8.5 months and has worked 1,500 hours. The employee goes into labor and gives birth to a baby. Is she eligible for FMLA?
No. The employee must be employed at least one (1) cumulative year in a 7 years preceding the first day of need for leave and have worked at least 1,250 hours over the previous 12 months. Employment prior to a continuous break in service of seven (7) years or more is not counted. (Note: Medical leave would still be applicable, but it would not be FML time.)
31. An employee's wife has been diagnosed with cancer; her physician has requested the employee stay home with her on Tuesdays and Thursdays to take her to chemotherapy, help her bathe, and take her to physician appointments. Would this qualify for FML time?
Yes, as long as the employee has met all other requirements and has not exhausted FML time. The CHCP form must be filed with University Health Services for review. (FMLA can be provisionally designated pending CHCP submission and review.)
32. An employee's absence is designated FMLA for the eight (8) weeks following the birth of her child. She would like to take an additional four (4) weeks to bond with the child. Does FMLA apply?
Yes, as long as the employee has met all other requirements. The Leave reason must be changed from Paid or Unpaid FMLA-Medical to Paid or Unpaid FMLA-Child rearing. Sick time applies to child birth, but not child rearing. The employee may use vacation time to remain in pay status for child rearing leave.
33. Due to downsizing, several job abolishment procedures occur in a department, including the job of an employee on FML leave. Does FML protect this individual's job?
No. The FML does not protect against job abolishment.
34. Upon Return from FMLA leave, an Administrative Assistant is reassigned as a Groundskeeper responsible for mowing the lawns. Is this acceptable under FMLA?
No. The FMLA requires that the employee return to the "same or equivalent job."
1. What is the Leave Donation Program?
The Leave Donation Program is a voluntary program designed to relieve UC employees from the hardship of an extended absence from work when leave balances have been exhausted. This policy does not replace or alter normal applicable rules on sick leave usage.
2. Who is eligible for the Leave Donation Program?
In order to be eligible for Leave Donation, a recipient must:
- Be a UC employee whose appointment makes him/her eligible to accrue sick and vacation.
- Have been employed by UC for at least one year.
- Provide medical documentation to University Health Services certifying that he/she has a serious medical condition.
- Have exhausted all leave balances (short term sick, long term sick, vacation and compensatory time) and placed in "no pay status" for a minimum of 80 hours.
- Not be receiving or eligible to receive disability benefits, disability retirement or regular retirement.
- Not have been counseled or disciplined for an attendance violation within the past year.
- Not absent due to a work related injury or illness
3. To whom can I donate vacation time?
Vacation time can be donated to an eligible recipient as designated by the donor or an otherwise eligible recipient ‘with the most need’ (as determined by the Leave Donation Committee).
4. What else should I know about the Leave Donation Program?
- Donations must be a minimum of 1 hour and maximum of 40 hours of vacation time.
- ·The donor must retain a minimum of 240 hours of combined leave (includes all sick, vacation and compensatory time) in his/her pools as of the date of donation, not including the number of hours donated.
- Donated leave may not be paid from a federal grant.
- All donations made are irrevocable and irreversible.
1. Why is it so important to place employees – including AAUP-represented faculty members - on a Leave of Absence?
It is important to place employees – including AAUP-represented faculty members – on a Leave of Absence for a number of reasons including:
- The Leave action and reason that you enter into UC Flex initiates certain FMLA, pay and benefit consequences for the employee. For instance, when you enter an FMLA – Medical Leave of Absence with Pay (Employee) PCR for a faculty member, a “benefit clock” starts that alerts UC Benefits to provide paperwork and assistance for employees who may eventually transition to a disability status. If the PCR has not been entered, the faculty member will not receive timely information on important status and benefit changes – including information about timely filing of Long Term Disability and Life Insurance Premium Waiver claims.
- Additionally, only the first 160 hours of sick time should be charged to the organizational unit’s budget. Sick time over 160 hours is charged to a central budget. If the employee is not placed on a Leave in a timely manner and pay is not coded correctly, the organizational unit’s budget will not be correctly charged.
Important Note: Leaves of absences for 12 month appointed (12/12) AAUP-represented faculty members are handled in the same manner as they are for staff employees (the employee is returned from Leave when medical certification ends; he is not placed on a secondary Leave until the beginning of the school year). The questions and answers below specifically address Leaves of Absence for 2 semester appointed (9/12) AAUP-represented faculty members.
As a reminder, for AAUP-represented faculty members, Leaves of Absence and the use of time from the Faculty Sick Bank must be approved by the Provost’s Office.
2. When do I report time off for 2 semester appointed AAUP faculty members?
AAUP-represented 2 semester appointed Faculty time off is reported for absences on week days (excluding holidays) during a semester (while classes are in session and during examination week) regardless of classroom teaching schedule (for example: Fall 2012 semester absences are reported week days beginning Monday, 8/27/12 and ending Saturday, 12/15/12. Holidays do not count as FMLA or sick days for 9/12 AAUP-represented Faculty.
3. What effective date should I use for a 2 semester appointed AAUP-represented faculty member who has requested a Medical Leave of Absence (Employee) for a full semester and whose medical certification begins before the first day of classes? For example, a faculty member has a baby on Wednesday, July 25, 2012. Is the Leave of Absence effective on 7/25/12 (the date of birth), 8/15/12 (the first day of her appointment) OR the first day of classes, 8/27/12? How does the FMLA notification process fit with this scenario? How are FMLA and sick time counted?
In this case, TWO (2) Leaves of Absence must be initiated. The first Leave is effective on 8/15/12, the first day of the faculty member’s appointment. You should process a Leave of Absence with Pay PCR effective 8/15/12. The Leave action will be Paid Med/sick - Emp (whether or not the employee is eligible for FMLA; FMLA and sick time are not counted until the first day of classes – see below). Regular time is reported from 8/15/12 through 8/26/12.
Effective 8/27/12, you should initiate a PCR for Leave of Absence with or without pay as appropriate and change the Leave reason to Paid or Unpaid FMLA-Med/sck – Emp (assuming the employee is eligible for FMLA; if not, don’t change the Leave reason), but begin reporting sick time if appropriate. If FMLA eligible, you should begin tracking FMLA time when reporting sick pay on 8/27/12– the first day of classes.
You should follow standard FMLA notification protocol which includes sending the WH 382 within 5 business days of the first FMLA day of absence (8/27/12). FMLA time begins on 8/27/12 (the first day of classes). You would not enter sick time off work or track FMLA time off on holidays. Holidays are not to be counted as FMLA or sick days for 9/12 AAUP represented Faculty.
Date of birth: 7/25/12
Paid or Unpaid Medical Leave (Employee) begins: 8/15/12
Paid or Unpaid FMLA Medical Leave (Employee) effective: 8/27/12
The employee should be charged for sick and FMLA days each week day of absence (excluding holidays) during the fall 2012 semester while classes are in session (through exam week).
4. How is an FMLA-Medical Leave of Absence (Employee) handled for a 2 semester appointed AAUP-represented faculty member whose unexpected, unplanned medical absence begins during the middle of the spring semester (March 12, 2013) and who is not expected to return until the following fall semester (i.e., the faculty member did not teach during summer)? How is FMLA time counted? Should I process a PCR returning the employee from Leave when his medical certification ends? Should I process a different type of Leave for the summer so as not to use sick pay or reduce FMLA days during this period?
Because the Leave began mid-semester, you should place the employee on a Leave With or Without Pay as appropriate for the reason FMLA-Med/sick - Emp (assuming the employee is eligible for FMLA) effective Tuesday, March 12, 2013. Time should be reported as both FMLA and sick time through Friday, April 26, 2013 (the last weekday of classes in the semester in which the medical leave was certified). Because the faculty member is not expected to return until the fall, a Special Leave of Absence with Pay should be facilitated for this employee beginning on Saturday, April 27, 2013. You should initiate a PCR changing the reason for the Leave Paid FMLA Med/sick – Emp to a Leave of Absence with Pay - Paid Special.
If the employee’s Leave reason is not changed, his HR record incorrectly reflects his employment status.
Paid or Unpaid FMLA-Med/sck - Emp begins: March 12, 2013 (medical certification begins this date)
Medical certification ends: First day of classes fall semester 2013
Paid or Unpaid FMLA –Med/sck – Emp ends: April 26, 2013
Special Leave with pay begins: April 27, 2013
Special Leave with pay ends: (last week day of classes) summer semester
Initiate PCR to return employee: First day of classes fall semester 2013
5. How is an FMLA-Medical Leave of Absence (Employee) handled for a 2 semester appointed AAUP-represented faculty member whose absence begins effective on the first day of classes of the spring semester and ends on the last day of classes of the spring semester? The employee is not expected to return until the following fall semester (i.e., the faculty member did not teach during summer semester). Should I process a PCR returning the employee from Leave over the summer if he/she will not be working?
Paid or Unpaid FMLA-Med/sck - Emp begins: January 7, 2013 (first day of classes spring semester)
Medical certification ends: April 26, 2013 (last weekday of classes of spring semester)
Paid or Unpaid FMLA –Med/sck - Emp ends: April 26, 2013
Initiate PCR to return employee: April 27, 2013
6. How is an FMLA-Medical Leave of Absence (Employee) handled for a 2 semester appointed AAUP-represented faculty member whose absence begins the first day of classes spring semester and who is not expected to return until the following Fall semester (i.e., the faculty member did not teach during spring but does teach one class over the summer)? This faculty member has multiple assignments. Should I process a PCR returning the employee from Leave over the summer?
The answer depends upon whether the employee’s medical certification extends over the summer. If the medical certification extends over the summer, the faculty member should not teach during the summer on any of his/her assignments. If the medical certification ends, then you should process a PCR returning the employee from leave as described in the above example. The employee is not on Leave over the summer. If new certification is provided for the fall semester, you will place the employee on a new Leave as described above.
7. A 2 semester appointed AAUP-represented faculty member is on a Paid or Unpaid FMLA – Med/sck - Emp Leave of Absence. Her return date is November 14, 2012 (mid-term) and she is released by her physician on this date. A Special Leave with pay was approved by the Provost for the remainder of the Fall semester (see above Example B. On 12/14/12, she submits a notice tendering her resignation effective 12/31/12 (the last day of her appointment). How should I process the PCR’s?
LOA With or Without Pay as appropriate (for the period of medical leave).
Paid or Unpaid FMLA-Med/sck – Emp: October 23, 2012 (medical certification begins this date)
Medical certification ends: November 13, 2012
Paid or Unpaid FMLA –Med/sck – Emp Leave ends: November 13, 2012
Special Leave with pay begins: November 14, 2012
Special Leave with pay ends: December 14, 2012 (last weekday of classes this term)
Initiate PCR to return employee: December 15, 2012
Effective date of separation: January 1, 2013
AAUP – represented Faculty Sick Bank
8. A 2 Semester appointed AAUP-represented faculty member has exhausted his/her sick bank and has been approved by the Provost to begin using sick days from the Faculty Sick Bank. How is this time reported? Does the faculty member continue to accrue sick days while using days from the Faculty Sick Bank?
AAUP represented faculty must receive approval from the Provost to use time from the Faculty Sick Bank. The sick time is reported as Faculty Sick Bank use (SKBK) after ALL regular sick time (SCK) is used. Sick time will accrue when the faculty member is using SKBK time; the accrued time (SCK) should be utilized each pay period prior to the SKBK being utilized. The faculty member should have a zero sick hour balance at the end of each month with the entry of SCK and SKBK. If the absence is FMLA certified, the FMLA time must be tracked either in the payroll system or by other means.
9. A 2 semester appointed AAUP – represented faculty member will be on Academic Leave for 2 semesters at 2/3 base salary (because the leave was approved prior to August 15, 2012) commencing August 12, 2012. What action must be taken?
The AAUP represented faculty member is to be placed on Leave of Absence with Pay for the reason Paid Academic /Sabbatical effective August 15, 2012.
A faculty salary override should be completed to pay 100% of the prior academic year salary (though August, 2012).
A recurring payment at the 2/3 base salary rate should be completed. Base salary should not be changed in UC FLEX, due to impact on most salary based benefits. (College of Medicine Post Docs please see question and answer #12.)
Faculty and Long Term Disability benefits
10. An AAUP-represented faculty member has been approved for LTD benefits. She is still receiving sick pay. Will her LTD benefit be offset by sick pay? What happens when her sick pay is exhausted and she begins to receive sick pay from the Faculty Sick Bank as approved by the Provost?
The LTD benefit will be offset by the amount of sick time pay each month; the minimum monthly benefit due to the offset will be $50. When the faculty member’s sick time is exhausted and sick time from the Faculty Sick Bank is approved by the Provost and begins, the LTD benefit will still be offset because the faculty member remains in pay status. The offset would discontinue once payment of accrued sick time or approval of time from the Faculty Sick Bank ceases.
(College of Medicine Post Docs please see question and answer #12.)