-Employee Benefits -
Medical/FMLA Leave of Absence
(For
Self, Family Member or Birth or Adoption)
CODE: 30-01-40-40:00 EFFECTIVE
DATE:
PURPOSE: To set policy defining Medical/FMLA leaves of absence for employees due to illness or injury (serious health condition) for self, family member; or, leave due to birth or adoption in compliance with the provisions of the New Jersey Family Leave Act and the Federal Family & Medical Leave Act. This policy defines eligibility, duration, and reasons for granting medical/FMLA leaves of absence and addresses the treatment of time accrual benefits (e.g., sick time, vacation etc.), paid insurance benefits and pension while on leaves of absence.
This revised policy is effective for all leaves taken as of
ACCOUNTABILITY: The Vice President for Human Resources is to ensure compliance with this policy.
APPLICABILITY: This policy applies to all University staff members (non-faculty).
DEFINITIONS:
Family Member: A spouse, domestic partner, civil union partner, child, or parent.
Parent: A person who is the biological parent, adoptive parent, foster parent, stepparent, parent-in-law or legal guardian, having a "parent-child relationship" with child defined by law, or having sole or joint legal or physical custody, care, guardianship, or visitation with a child.
Child: A biological, adopted, or foster child, stepchild, legal ward, or child of a parent who is: (1) under 18 years of age; or (2) 18 years of age or older but incapable of self-care because of a mental or physical impairment.
Intermittent Leave: Leave time taken on a periodic basis.
Reduced Leave Schedule: Leave schedule that reduces the normal number of hours worked per workweek.
Serious Health Condition: An illness, injury, impairment, or physical or mental condition which requires: (1) inpatient care in a hospital, hospice, or residential medical care facility; or (2) continuing medical treatment or continuing supervision by a health care provider.
REFERENCES:
A. Staff Leave Donation Program, Policy 30-01-40-40:20
B.
POLICY:
A medical/FMLA leave of absence for self or family member is defined as an absence from work for a specific period for an illness or injury (serious health condition) with the consent of the Department of Human Resources, and in consultation with the employee’s department. Leaves are taken with the understanding that the employee will return to work at the conclusion of the leave.
For employees taking medical/FMLA leave for self, the maximum leave allowed will be six (6) months, unless the employee has paid time accruals exceeding six (6) months, then the maximum leave time shall be up to twelve (12) months. Paid sick time accruals must be utilized first, and then vacation accruals and float holidays may be used.
Staff members hired prior to
For employees taking medical/FMLA leave to care for a family member for a serious illness, the maximum leave allowed is twelve (12) weeks. Paid leave time must include accrued vacation and float holidays (utilized first), and up to a maximum of ten (10) days of accrued sick time. However, in circumstances where the family member has a catastrophic illness (defined as an illness, injury, impairment, or physical or mental condition that a licensed physician or certified practitioner certifies as life threatening or terminal), ten (10) sick days may be taken, and then vacation and float time. If additional time is required, additional sick days may then be used for the remainder of the twelve (12) week maximum allowed under the terms of this policy.
Pursuant to the Staff Leave Donation Program, Policy 30-01-40-40:20, for employees who receive donated time, such time shall not cause the employee to exceed the maximum leave time allowed by this policy. Maximum donations shall not exceed twelve (12) months. All donated time is to be used for self or family care medical leave only.
Intermittent or reduced schedule leaves are allowed for medical/FMLA for self and family members only and are not allowed for birth or adoption. Intermittent or reduced schedule leaves may be taken over a 12-month period.
Family leave for birth or adoption is approved leave from employment to enable an employee to provide necessary care by reason of the birth or adoption of a child by the employee and/or spouse.
The maximum leave allowed for birth or adoption is twelve (12) weeks. Accrued vacation and float holidays must be used; any additional leave required may be unpaid. In either event, leave shall not exceed the allowed twelve (12) weeks.
If both spouses are employed by the University, the combined leave period allowed shall not exceed twelve (12) weeks.
NOTE:
If an employee is applying for medical leave due to pregnancy disability, or for any other reason, the medical leave will be in effect only for the time period where there is an inability to work. After a birth, once the employee is medically able to work but requires childcare leave, a family leave can be requested under the birth or adoption provisions of FMLA.
Eligibility:
Regular full or part-time employees who work 20 hours or more a week, employed for a minimum of six (6) months. Full time temporary employees employed a minimum of six (6) months are also eligible.
Other Provisions:
All medical/FMLA leaves for self or family member, or for birth or adoption, whether paid or unpaid, shall run concurrent within the maximum amount of leave permitted by policy.
An employee on an approved medical leave of absence may not work for any other employer.
An employee will be considered absent without authorization (AWOL) and subject to termination if he/she fails to:
· apply for a Leave of Absence within the guidelines of this policy;
· provide required documentation (medical certification) justifying the leave within the maximum fifteen (15) days of the leave effective date;
· return to work for three (3) or more days after the leave expiration date and has not applied for an extension;
· respond to a written communication from the University advising of the leave expiration.
Procedures:
Application for a medical/FMLA leave of absence for a foreseeable event, must be made thirty (30) days in advance.
Application for a medical/FMLA leave of absence for an unforeseeable event, must be made on or before the fourth (4th) day of any period when an employee is absent due to serious illness or injury of self or family member, or due to birth or adoption.
Employees must complete the Request for Leave of Absence accessed at the Human Resources Online Forms Library, http://www.umdnj.edu/hrweb/forms_main_for_review.htm and provide required documentation to the Human Resources Generalist.
Employees on leave, but requiring an extension, must apply for the extension before the expiration of the previously approved leave. The extension cannot extend the leave beyond the maximum time allowed under policy. Contact the Human Resources Generalist to apply.
Please note that employees have a maximum of fifteen (15) days within which to provide required documentation justifying a leave or an extension of leave of absence.
Benefits During Medical/FMLA Leaves of Absence:
The first twelve (12) weeks of a medical/FMLA (paid and unpaid) leave of absence (including birth or adoption) granted to an employee will be considered leave pursuant to the Federal Family and Medical Leave Act.
Employees on paid leave for self, family member or birth or adoption will continue to enjoy full benefits.
During the first twelve (12) weeks of unpaid status, the employee will be required to pre-pay the employee portion of any applicable health plan premium cost during the leave. The University shall maintain coverage under any group State Health Benefits Program (SHBP) health insurance plans (medical, prescription drug and dental) that were in effect at the time the leave began. Once the twelve (12) week unpaid period is exhausted, the employee will be required to pre-pay the applicable employee and employer premium costs for the remainder of the leave.
If the required pre-payments are not made, the employee’s benefit coverage will be terminated under the provisions of the SHBP. Affected employees will be offered COBRA (up to eighteen (18) months. The employee may elect to continue any or all of the coverage (medical, prescription drug or dental) they had while in active status. They may not increase the level of coverage, but may switch plans upon enrollment in COBRA. The time employees spend on leave will not count as part of the COBRA eligibility period.
Employees will not accrue pension credit while on unpaid leave of absence status. However, upon return to work, employees may be allowed to purchase pension credit up to a designated maximum, with the exception of employees who are members of the Alternate Benefit Plan (ABP). Contact your Campus Human Resource Benefits Office for information.
Sick and vacation time accruals will continue for the remainder of the month in which the unpaid medical leave commences, providing the employee is still in active pay status as of the sixteenth of that month.
When an employee returns from leave, sick and vacation time will begin to accrue for the month in which the employee returns to work provided he/she returns on or before the fifteenth of that month. If an employee returns from a leave after the fifteenth of the month, then sick time and vacation time will start to accrue at the beginning of the following month.
Employees who are on an unpaid medical leave of absence on January 1, are not credited with float holidays at that time. Employees returning from unpaid leave between January 2 and July 1, will be credited with three (3) float holidays within one full pay cycle after July 1. No float holidays will be credited for employees returning from leave of absence from July 2 - December 31.
Seniority held prior to the commencement of the leave of absence will be retained.
Holidays which fall during an unpaid medical leave of absence will not be
granted pursuant to the
Return from Leave
An employee who exercises the right to take a medical leave under the Federal Family and Medical Leave Act (first twelve weeks), upon expiration of the leave is entitled to be restored to the position he/she held when the leave commenced or an equivalent position with same seniority, status, employment benefits, pay and other terms and conditions of employment. If a layoff occurs while the employee is on leave, the employee will be treated as if he/she were not on a leave relative to any layoff provisions. However, any bumping rights will be determined upon the employee’s return from an official leave of absence.
Upon returning from a medical leave, the employee must present a medical statement from his/her personal physician to his/her department head that states the employee is able to return to work without limitations and, if the leave was for a communicable disease, be cleared through the campus Health Center or designated health service.
Immediately upon the employee’s return to duty, the department must reactivate the employee.
A completed Staff Information Adjustment Form (SIAF) must be forwarded to the Campus Human Resources Department by the department head along with any required documentation. The Staff Information Adjustment Form (SIAF) must indicate the employee's return date.
Please be reminded that failure to immediately process the employee’s return from leave can result in the employee not receiving a paycheck.
Under direction of the President:
_________________________
Vice President for Human Resources