Leaves of Absence
The following briefly outlines the process for medical, paid parental leave (PPL), personal, child-rearing, FMLA and non-FMLA. Generally, the leaves listed above involve medical or proof of birth or adoption documentation. The pertinent articles in the UC/AAUP Collective Bargaining Agreement (CBA) are Articles 17 and 19. This overview also outlines behind–the-scenes processing not directly the responsibility of the AUH, but which may serve to enlighten the AUH of the touch points throughout the leave process.
Other types of leaves such as military, academic, professional, and emergency/special are available to faculty but do not involve medical or proof of birth or adoption documentation. Thus, they are outside the scope of this outline. Questions on these types of leaves can be sent to firstname.lastname@example.org.
1. Normally, a faculty member advises their AUH and/or College HR Office of the need for a LOA verbally.
NOTE: Specific medical information should NOT be divulged by the faculty member during the discussion(s), or in any written communications. Nor should any individual make inquiry regarding medical information.
2. Upon notice by the faculty member of the need for a leave of absence outlining the LOA circumstances (illness, adoption, childrearing, etc.), and the probable duration of the LOA - their College HR Office follows up directly with the faculty member. The faculty member is sent a Certification of Healthcare Provider (CHCP) and accompanying documentation by the College HR Office within 5 business days as soon as they are made aware of a possible FMLA qualifying event in accordance with federal law The faculty member has 15 calendar days from the date the packet is received to return the completed CHCP to Central HR LOAADM at LOAADM@uc.edu.
3. The College HR Office completes and sends a Provisional Designation Form to LOAADM@uc.edu within 5 business days of the notice/request by the faculty member, while keeping the AUH informed.
4. Once the CHCP is received in Central HR LOAADM from the health care provider of the faculty member, Central HR LOAADM emails a Medical Certification Notice to Faculty Affairs and Academic Personnel (FAAP) and the College HR Office certifying the dates of the leave, and whether the circumstances of the leave meet eligibility for FMLA or non-FMLA designation for the faculty member, or their family member.
5. FAAP reviews the Medical Certification Notice and all other documentation from the College HR Office (including approvals from the Dean and AUH, primary semesters, if applicable, amount of accrued sick time of the faculty member), and makes a determination on the leave under the appropriate UC/AAUP CBA Article(s). An email is sent by FAAP to the College HR Office, Dean, Central HR LOAADM and Provost HR advising of the determination, and dates of the leave. The email states no work may be performed by the faculty member during the dates specified for the leave. If an intermittent leave, not continuous or full-time, no work may be performed for the dates and time period(s) specified for the leave.
NOTE: If the LOA is a medical leave and the faculty member will not have enough sick time for the requested leave, a written request for time from the Faculty Sick Bank (FSB) should be initiated by the faculty member, sent to their College HR Office and AUH. The College HR Office seeks the necessary internal approvals and forwards the request to FAAP (Article 17.3) for determination.
6. The faculty member will receive a WH-382 form from their College HR Office advising of the determination of FMLA/non-FMLA status of the leave, and other details regarding the leave.
NOTE: The faculty member may confer with their College HR Office, FAAP, appropriate Associate Dean, or Central HR LOAADM regarding any questions.
7. The faculty member is required to obtain a certification from their treating health care provider for their return to work (RTW) release with the date of release specified. If there are no RTW restrictions, the faculty member presents the certification to their AUH. If the RTW is with restrictions, the faculty member must make an appointment with University Health Services (UHS) prior to their RTW, and present the RTW certification with restrictions. UHS will provide the faculty member with a Return to Work Form to present to their AUH for completion. If the faculty member is requesting a leave extension; a note on the letterhead of the same health care provider who completed the original CHCP form must be sent to LOAADM@uc.edu ASAP.
8. If the absence of a faculty member is fifteen (15) consecutive calendar days or more, the College HR Office processes a Personnel Change Request (PCR) to initiate the leave, as well as, a return to work (RTW) or extension PCR, whichever is appropriate. Also, the College HR Office ensures sick and FMLA time is posted accurately in UC Flex for the faculty member.
NOTE: The College HR Office will determine if the faculty member has a two-semester or a 1212 appointment to post sick, FMLA or non-FMLA, time accurately in UC Flex. The HR College Office may confer with FAAP or LOAADM for guidance.
The College HR Office nor any other individual may inquire or request medical information regarding the reason for the medically related LOA (FMLA or non-FMLA). Medical information in ANY form must be stored in a file separate from the faculty member’s personnel file and must be restricted to individuals with a need to know (Central HR LOAADM personnel only). Central HR LOAADM maintains a file separate from an individual faculty member’s personnel file for medical information only. If the College HR Office, or any other individual or office receives medically related information; it should be forwarded to Central HR LOAADM for filing purposes. Copies of medically related information should NOT be made or maintained by the College HR Office, or any other individual.
1. Normally, a faculty member advises their AUH and/or college HR of the need for a LOA. However, there may be instances where the AUH may, in consultation with appropriate academic administrators (Office of the Provost- Academic Personnel, appropriate Associate Dean, or college HR), need to advise a faculty member of the type(s) of leave appropriate to the situation.
NOTE: In some departments college HR conducts the above discussion with the faculty member. No specific medical information should be divulged by the faculty member during the discussion, or in any written communications.
2. The faculty member normally submits the LOA request in writing to the Dean, AUH and college HR prior or subsequent to above discussion.
NOTE: If the faculty member will not have enough sick time, if a medical leave, a request for time from the Faculty Sick Bank (FSB) should be included with the LOA request.
College HR may also confer with the Office of the Provost - Academic Personnel, the appropriate Associate Dean, or Central HR regarding any questions.
3. The AUH may advise college HR via email of the name of the faculty member and a brief outline of the LOA circumstances (illness, birth or adoption, etc.) and the probable duration of the LOA, if college HR was not party to the above discussion with the faculty member. The foregoing may be accomplished by simply forwarding the faculty member’s written request for the LOA, if available. College HR follows up directly with the faculty member regarding the required documentation, based on the type of LOA, while keeping the AUH informed as appropriate.
4. Once the appropriate documentation is received (medical, PPL, child- rearing, FMLA or non-FMLA) in Central HR, college HR sends a request in writing to the AUH and Dean for their approval of the LOA, if they have not already indicated such. College HR attaches the forgoing documentation to a written request for approval to the Office of the Provost - Academic Personnel for final approval.
NOTE: College HR, AUH, Dean or Office of the Provost – Academic Personnel do NOT receive medical information, merely the duration, type, and whether the LOA qualifies as FMLA or non-FMLA, intermittent, etc.
5. The Office of the Provost - Academic Personnel reviews the leave request, documentation, AUH and Dean leave determinations, and makes the final determination under the appropriate UC/AAUP CBA Article(s) and forwards an email to all parties regarding the leave final determination.
6. During the period of documentation gathering, review, and decision making, the AUH should develop a plan to cover the duties of the faculty member requesting the leave (via, for example, adjunct faculty or overload for another faculty member(s), etc.). The AUH may involve the Dean and/or faculty member in this process. College HR is involved in the system processing requirements for such coverage during the LOA.
The AUH, College HR nor any individual can NOT inquire or request medical information regarding the reason for the medically related LOA (FMLA or non-FMLA). Medical information in ANY form must be stored in a file separate from the faculty member’s personnel file and must be restricted to individuals with a need to know only (Central HR- LOA Administrative (LOAADM) personnel only). Central HR LOAADM maintains a file separate from an individual faculty member’s personnel file for medical information only. If an AUH, college HR, or any other individual or office receives medically related information; it should be forwarded to Central HR LOAADM for filing purposes. Copies of medically related information should NOT be made or maintained by the AUH, college HR, or any other individual.
Paid Parental Leave
1. Faculty Member discusses request for PPL (with or without teaching release) with her/his Academic Unit Head (AUH)
2. Faculty Member advises their AUH of the intention to request PPL and completes Application for PPL and Certification of Health Care Provider (CHCP) or adoption documentation, if applicable. CHCP is filed with Central Human Resources (HR) at LOA ADM (loaadm) email@example.com. Adoption documentation is filed with the Application for PPL.
3. Faculty Member submits Application for PPL to AUH. The AUH forwards all documentation to their College/Department Human Resources (HR) office. The College/Department HR office forwards same to Academic Personnel (Provost Office) along with the primary semesters of the faculty member (if applicable) with a copy to Central HR.
4. Academic Personnel (Provost Office) reviews the PPL Application and supporting documentation (Medical Review Form from Central HR, or adoption documentation) and signs off on the PPL Application.
5. Academic Personnel (Provost Office) sends an e-mail to the Dean, AUH, College/Department HR office and Central HR (LOAADM) outlining the approval and dates thereof. A copy is saved in Academic Personnel (Provost Office) HR files. Supporting documents are attached to the e-mail for documentation purposes.
6. The College/Department HR office notifies the Faculty Member of approval outlining the specifics of the PPL.
7. The College/Department HR office completes a PCR with the PPL commencement date.
8. The College/Department HR office completes a PCR for return from work (RTW) or subsequent approved leave at PPL conclusion.
If you are the primary caregiver, PPL provides paid leave* for the birth of a child, the placement of a newly adopted child under the age of 7, or the initiation of travel to take custody of a newly adopted child. Adoption of a child over the age of 7 also qualifies, if the adoption process requires such leave. (This policy cannot be used in the event of the adoption of a child of your spouse or domestic partner).
*An eligible individual is paid his/her base salary for the period of the leave (maximum 6 weeks) and is not required to use sick and/or vacation time.
Ninety days is expected as a minimum, unless circumstances prevent you from giving notice earlier (e.g., adopting parents are sometimes given short notice that a child is ready to come to their home). In all cases, we ask that you give notice as early as possible in order to allow your academic unit head plenty of time to make scheduling arrangements.
A primary caregiver is defined as the individual who has primary responsibility for the care of a child following the birth or the child coming into the custody, care, and control of the parent for the first time. The definition applies to both births and adoptions.
Under the PPL policy, teaching release is defined as release from specifically assigned course teaching duties for the same academic semester during which PPL is taken. Alternative duties as agreed between the parties for any period of the semester not covered by PPL are expected to continue during the semester of teaching release, except during the PPL (maximum 6 weeks).
The faculty member must be the child’s primary caregiver in order to be eligible for teaching release. An affidavit to this affect is part of the Application for PPL.
Your Academic Unit Head and Dean in conjunction with the Provost Office will make the determination regarding eligibility.
AAUP-represented faculty members are eligible for PPL.
The faculty member intending to take PPL must provide his/her Academic Unit Head with written notification in the form of an Application for PPL at least 90 days in advance of the leave, or as soon as practicable. The Application for PPL should indicate the anticipated birth or adoption date, length of the PPL (maximum 6 weeks), semester in which the PPL is to be taken, whether teaching release is requested, and confirmation the faculty member will be the primary caregiver during the PPL.
The faculty member must provide a Certification of Health Care Provider (CHCP) for a birth, or court or other legal documentation for adoption.
If the faculty member is eligible for FMLA, it will run concurrent with PPL.
If the faculty member is not eligible for FMLA yet, he/she is still eligible for PPL if all other requirements are met.
No. PPL is intended to be used in lieu of medical leave for the birth or adoption of a child. It is expected that PPL will be taken at the time of birth or adoption, or in the immediate next primary semester. PPL must be completed within 6 calendar months of the birth or placement for adoption.
The intent of the PPL policy is that PPL begins at the time of birth. If requesting teaching release, it will be for the full or partial semester in which the birth occurs (i.e., Fall semester).
If you are requesting teaching release for Fall semester and your request is approved, your teaching release will begin at the start of Fall semester, with alternative duties as agreed between you and your Academic Unit Head, for any period of the semester not covered by PPL.
A faculty member may use accrued sick time before the birth of the child for medically-related reasons (medical leave applies if the absence is to exceed fourteen (14) calendar days per Article 17.9.1 of the AAUP/UC collective bargaining agreement).
Example: Your physician releases you from work three (3) calendar weeks before the expected due date (CHCP required per Article 17.9.2). You may use medical leave (per Article 17.9.1) for this three (3) calendar week period. Once the baby is born, you will transition to PPL and will no longer use sick time (medical leave).
Your spouse, as an AAUP-represented faculty member, is eligible for a maximum 6 weeks of PPL in addition to teaching release for the semester coincident with PPL, provided he is the primary caregiver.
He is not eligible to take PPL at the same time you are on medical leave, unless he will be the primary caregiver. He may be eligible to take PPL when you return to work as long as he does so within six (6) calendar months of the baby’s birth.
Alternatively, he may be eligible to use sick time per Article 17 during your post-delivery recovery (CHCP required for a medical leave if the absence is to exceed fourteen (14) calendar days under Articles 17.9.1 and 17.9.2).
Your PPL begins when travel is initiated to take custody of the child. If you feel you need additional time off beyond the limits of the PPL, you may request an unpaid Personal or Childrearing Leave per Article 19.1 or 19.2 of the AAUP collective bargaining agreement.
You may request an unpaid Personal or Childrearing Leave per Article 19.1 or 19.2 after the expiration of the PPL.
A faculty member taking PPL will be paid his/her base salary for the period of the PPL (maximum 6 weeks). All benefits will remain in force during the PPL period requested. Premiums will be deducted from your paycheck in accordance with normal practice. During the teaching release period of the PPL, base salary and benefits continue.
Both you and the university will continue to contribute to the retirement plan in which you are a member.
There is no limit to the number of times a faculty member may use PPL during the course of his/her employment with UC as long as all other eligibility requirements are met.
No. The period of time available is not extended for multiple births or in case of adopting more than one child at the same time.
Yes, if both parents are AAUP-represented faculty; however, both parents cannot use PPL at the same time.
For “dual faculty” couples, all PPL use must be completed within 12 calendar months of birth or adoption.
You may request PPL and course teaching release in the immediate next primary semester.
The same as for two-semester faculty, except there are not primary or secondary semesters. You may request a PPL in the semester in which the birth or adoption takes place. All other provisions are as described above.
A tenure-track faculty member who applies for and is approved for PPL may request, within the first year of the birth or adoption, an extension of the seven-year probationary period of up to one year for each event of birth or adoption provided all time off the tenure clock totals no more than two years during the probationary period. The use of PPL shall not factor into any RPT decision.