Leave of Absence Manual

Transcription

1 Leave of Absence Manual For Employees and Supervisors Human Resources This manual contains information regarding the different types of leaves of absence offered by the University, including but not limited to important policies, forms/documentation required to request a leave of absence, and the leave of absence document in DHRS. Intermittent Leave of Absences cannot be submitted in DHRS. For additional information regarding intermittent leaves, contact the Office.

2 TABLE OF CONTENTS General Information... 3 Family and Medical Leave Act (FMLA)... 3 Leaves of Absence Offered... 4 Non-FMLA Leaves of Absence... 4 FMLA Leaves of Absence... 6 Leave of Absence Policies... 9 Forms to Request a Leave of Absence... 9 DHRS Document... 9

3 GENERAL INFORMATION Regular employees working more than 50 percent time and who have completed the initial probationary period may apply for a leave of absence for administrative, mandatory, educational, industrial disability, military, and personal reasons using the Request for Leave of Absence Form. Leaves are also available in circumstances of domestic abuse. Regular and temporary employees who have worked at least 1,250 hours during the 12-month period preceding the start of the leave are eligible for up to 12 weeks of unpaid time off under the Family and Medical Leave Act (FMLA) (see below for more information). Employees must apply for a leave of absence for medical, maternity (pregnancy), and family reasons using the Absence Form. FMLA leaves may be taken on a continuous or intermittent basis. All requests for a leave of absence in excess of 11 consecutive working days or 14 consecutive calendar days must be in writing and contain all required signatures as indicated on the Absence Form. A DHRS Document must be submitted by the employee's department along with the Absence Form and appropriate documentation (see below for more information). All leaves of absence must have beginning and ending dates specified prior to any consideration for approval. Whenever possible, the University will comply with an employee's request. However, the University may deny certain types of leaves of absence or request additional information depending on the situation. You should contact Benefits Administration for a review of benefits before beginning an approved leave of absence. You should also contact your supervisor two weeks before the end of your leave of absence to discuss your return to work. Failure to return to work at the end of a leave of absence could result in the termination of your employment. FAMILY AND MEDICAL LEAVE ACT (FMLA) The federal Family and Medical Leave Act (FMLA) was signed into law in 1993 in response to a growing national concern about balancing work and family responsibilities. The act was created in response to the needs of a workforce whose demographics had changed drastically. The FMLA provides a means for employees to balance their work and family responsibilities by taking a leave of absence for qualifying reasons/conditions. To be eligible for FMLA leave at the University of Miami, an individual must have actually worked at least 1,250 hours during the 12 months immediately before the date the FMLA leave begins. The FMLA requires covered employers to provide eligible employees with up to 12 weeks per year of job-protected leave, with continued medical benefits, for the following reasons: To care for the employee's newborn son or daughter. Because of the adoption or foster care placement of a child with the employee. To care for the employee's spouse, eligible son or daughter, parent, or eligible grandparent who has a serious health condition. Because of the employee's own serious health condition. The applicable FMLA Package (see below for more information) needs to be completed and submitted to the appropriate Central Office. For more information about FMLA, visit the appropriate Leave of Absence Policy at and view the following documents: Your Rights Under the FMLA

4 LEAVES OF ABSENCE OFFERED NON-FMLA LEAVES OF ABSENCE Type of Leave: Description Policies Pay Status Required Documentation Administrative Used for involuntary court appearances, jury duty, and special situations (as approved by the that exceeds 11 consecutive working days or 14 consecutive calendar days (with the exception of jury duty, which may be granted for less than 14 calendar days). May be paid or unpaid Absence Form and departmental Contract Class This Leave is used to bridge the period of time in which an employee will not work due to an Alternate Work Schedule. The Leave of Absence period cannot exceed 90 calendar days. Absence Form and departmental Educational Educational Leave for a maximum of 6 months may be granted without pay if approval has been given by the supervisor, the department chair and dean/designee. An employee may remain in pay status during the leave if they use their accrued vacation and floating holidays. unless employee uses available accrued vacation time and floating holidays. Absence Form and departmental Mandatory The University reserves the right to place an employee on Mandatory Leave of Absence without pay under the provisions of University policy when it is deemed necessary. The best interests of the employee and the operational liability or operational safety of the University will be the determining factors of this leave. The supervisor must initiate the leave after discussing the issue with the Office Absence Form and

5 Mandatory (cont.) and decide the length, terms, and conditions of the Mandatory Leave. At the end of a Mandatory Leave, the employee may be reinstated in the previous position. departmental Military A leave of absence for military service in any branch of the U.S. Military, including Coast Guard and National Guard, will be granted for a period of not more than five years (plus any involuntary extension for not more than one year). Absence Form and departmental Personal A Personal Leave of Absence is without pay and may affect other benefits (such as health insurance), and requires approval by the employee s supervisor. This type of leave cannot exceed 90 days and cannot be extended. Absence Form and departmental

6 FMLA LEAVES OF ABSENCE Type of Leave: Description Policies Pay Status Required Documentation Family A Family Leave of Absence may be granted to an employee for a qualifying family reason (with or without pay) for an anticipated or unanticipated period of time. A Family Leave, including extensions, cannot exceed 90 calendar days in a 12-month period measured retroactively from the date an employee uses any FMLA related leave. This type of leave is taken due to a serious health condition affecting a family member such as: Spouse Same-Sex Domestic Partner Parent Child (usually a child under 18 years of age or up to 26 years of age, if a full time student and a dependant of the employee. Child may also apply to dependants of the employee that are 18 years or older and incapable of self-care as determined by a health care provider). Grandparent for whom the employee assumes financial responsibilities Paid leave if sick, vacation, or floater Note: Sick time can only be used during the period of time the family member is sick as documented by the health care provider. FMLA Package for Family Member's Serious Health Condition Industrial An Industrial Leave of Absence is taken by an employee due to a job-related disability for a maximum of 90 calendar days. Note: All accidents must be reported to University Risk Management at once. After an employee has been absent for 14 calendar days due to a job-related injury or disability, either the employee or the supervisor must initiate a request for an Industrial Disability Leave by completing the FMLA Package for Employee's Serious Health Condition and forwarding it to the Office. An employee absent during the first seven calendar days after the onthe-job accident is paid by the employee's department as Administrative Leave if the absence is verified by a health care provider. If the absence extends beyond seven calendar days, pay will be provided by the University insurance carrier based on Florida law, which is 66.67% of the employee's normal average weekly wage up to the statewide maximum. An employee may supplement the 66.67% insurance payment by using accrued sick or vacation time in 1/3 of a day increments. An employee continues FMLA Package for Employee's Serious Health Condition

7 Industrial (cont.) to accrue sick and vacation time during an Industrial Disability Leave. Maternity An employee may request a leave of absence due to a birth of a child or the placement of a child for adoption or foster care (with or without pay) for an anticipated period of time exceeding 14 calendar days, but for a maximum of 90 calendar days. Paid leave if sick, vacation, or floater FMLA Package for Employee's Serious Health Condition Note: Sick time can only be used during the period of time the employee is sick as documented by the health care provider. Maternity leave sick period is generally the six weeks (natural delivery) or eight weeks (c-section) after the delivery of the baby. Any time after that up to the maximum 90 day period is no longer considered sick, therefore sick time may not be used. To remain in pay status the employee may use accrued and unused vacation or floating holidays. The employee may choose to be placed on unpaid leave only after sick time (if there was any) was used up during the period of time the health care provider determined the employee was sick. Medical A Medical Leave of Absence is taken when the inability of an employee to perform essential functions and job duties are a consequence of a medical condition. The leave should not exceed 90 calendar days; extensions will be reviewed and approved on a case-by-case basis in consultation with the Paid leave if sick, vacation, or floater FMLA Package for Employee's Serious Health Condition

8 Medical (cont.) Office. Military Family Leave Qualifying Exigency A Military Family Leave for Qualifying Exigency (Call to Active Duty) provides a total of 12 workweeks of leave during a single 12 month period for qualifying exigencies arising out of the fact that the employee s spouse, son, daughter, or parent is on active duty, or has been notified of an impending call or order to active duty. Paid leave if vacation or floater FMLA Package for Qualifying Exigency for Military Family Leave of Absence Qualifying Exigencies include: Short notice deployment Military events and related activities Childcare and related activities Financial and legal arrangements Counseling Rest and recuperation Post-deployment activities Click here for a more detailed information Military Family Leave Serious Injury or Illness of Covered Service member ( Caregiver Leave ) A Caregiver Leave for an Injured Service Member provides 26 workweeks of leave during a single 12 month period for a spouse, son, daughter, parent, or next of kin to care for a recovering service member who suffered an injury or illness while on active duty and that is unable to perform the duties of his/her position A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves Paid leave if sick, vacation, or floater FMLA Package for Serious Injury or Illness of Covered Servicemember for Military Family Leave of Absence

9 LEAVE OF ABSENCE POLICIES Please select the applicable employee classification to view the corresponding policy: Employees Employees Employees FORMS TO REQUEST A LEAVE OF ABSENCE To obtain the appropriate form(s), please select the type of leave you are requesting from the list below and submit the form(s) to the Office. Non-FMLA Leaves of Absence Administrative Contract Class Educational Mandatory Military Personal FMLA Leaves of Absence Family Industrial (Worker s Compensation) Maternity (Pregnancy) Medical Military Family Leave Qualifying Exigency Military Family Leave Serious Injury or Illness of Covered Servicemember For employees requesting a Medical or Maternity Leave of Absence with Short Term Disability, submit the Medical/Maternity Leave of Absence with Short Term Disability Package to the Office. DHRS DOCUMENT Please refer to the Leave of Absence Process in the DHRS Processes Manual for information regarding how to process a leave of absence document in DHRS Web. University of Miami Human Resources P.O. Box Coral Gables, FL Phone: (305) hraa@miami.edu