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UNC CHARLOTTE PERSONNEL
INFORMATION MEMORANDUM
LEAVE ADMINISTRATION - Family and Medical
Leave
Category: Benefits 1. References a. The Family and Medical Leave Act (FMLA) of 1993 b. 29 CFR 825, Final Rules effective January 6, 1995 c. North Carolina State Personnel Manual, Section 8, Pages 19.2 - 19.14 e. UNC Charlotte Policy Statement #46, "Policy on Faculty Leaves of Absence", UNC Charlotte Policy Statement #64, "Personnel Policies for Designated Employment Exempt from the State Personnel Act" h. Family Illness Leave, State Personnel Manual, Section 5, Pages 27.1 - 27.4 2. General a. The Family and Medical Leave Act (FMLA) of 1993 and the amendments of 2008, were passed by Congress to balance the demands of the workplace with the needs of families. The law was passed to minimize the potential for employment discrimination by ensuring leave is available for authorized medical reasons (including maternity/paternity leave, military caregiver), for any qualifying exigency related to a call to active military duty, and for compelling family reasons. The purpose of this memorandum is to provide guidance to: i. employees with such needs; and ii. supervisors in administering the benefits made available by this legislation. b. A glossary of terms used in this PIM. 3. What the Family and Medical Leave Law Allows a. During periods of Family and Medical Leave the employee's job and health insurance are protected. An employee shall be reinstated to the same position held when the Family and Medical leave began or to a position of similar pay grade (SPA only), pay, benefits, and other conditions of employment. During periods of Family and Medical Leave, whether covered by paid or unpaid leave, the University shall continue health insurance for the employee on the same basis as active employees, which means the employee on Family and Medical Leave is still responsible for the portion of premium that the employee would normally pay while working. b. Family and Medical Leave, itself, is unpaid, however, employees of the University may use paid leave (annual, sick and/or bonus) to overlay all or a portion of the Family and Medical Leave period in accordance with rules stated in Item 6. The employee may also apply for shared leave (please see PIM-29). (Nine-Month Faculty should refer to Policy Statement #46.) An employee will continue to earn leave and retirement service credit during any period of paid leave. No such benefits are earned during periods of leave without pay. c. Family and Medical Leave can be taken for up to 12 weeks (480 hours) in a rolling 12-month benefit period. A rolling 12-month period is the 12 month period, measured backward from the certified begin date of any Family and Medical Leave. Family and Medical leave can be taken for any of the following reasons: i. the employee's own serious health condition that prevents him/her from performing the essential functions of his/her position. ii. a serious health condition of parent, spouse, or child iii. childbirth, adoption, or placement of child in your home, providing the leave is taken within 12 months of the child's introduction to your family. iv. any qualifying exigency arising from an immediate family member on active duty in support of a contingency operation, or has been notified of an impending call to active duty status in support of a contingency operation. d. Family and Medical Leave can be taken for up to 26 weeks (1040 hours) in a rolling 12-month benefit period for the following reason: i. a covered service member who is recovering from a serious illness or injury sustained in the line of duty while on active duty, in certain circumstances. (Use of standard Family and Medical Leave during a rolling 12-month benefit period will reduce the 26-weeks as a military caregiver. The 26-weeks will be a combined total for spouses at the same employer.) e. If an illness for a parent, spouse, or child extends for more than a 12-week period, you may be eligible for Family Illness Leave. Family Illness Leave is an extension of the benefits provided under the Family and Medical Leave Policy; however, it is NOT provided for an employee's illness. An employee may choose whether to use Family Illness Leave or Family and Medical Leave. For more information regarding this policy, refer to http://www.osp.state.nc.us/manuals/dropmenu.html f. Medical certification of a serious health condition by a qualified practitioner will be required. If leave is taken on an intermittent basis, medical certification must be updated every 12 months from the start date of the leave. UNC Charlotte reserves the right to ask for additional or continued medical certification as needed to determine continued participation in the program. g. If an employee does not return to work at the end of the leave period, the University will initiate action to recover its portion of the health insurance premiums paid on behalf of the employee unless the failure to return to work is due to the continuation, recurrence, or onset of a serious health condition, or other circumstances beyond the employee's control. 4. Eligibility for Family and Medical Leave and Family Illness Leave a. Leave-earning Faculty and Staff i. Permanent SPA Staff - Classified (SPA) employees who have worked with the University or another North Carolina State government agency for at least 12 months prior to the commencement of the leave (not necessarily 12 consecutive months) and who have worked at least 1,250 hours during the previous 12-month period are eligible for a total of 12 work weeks (480 hours) of leave, paid or unpaid, during any rolling 12-month period* for one or more of the reasons listed in 3c above; or a total of 26 work weeks (1040 hours) of leave, paid or unpaid, during any 12-month period* for the reason listed in 3d above. *The 12-month qualifying period is determined by counting back 12 months from the date the leave begins. If any Family and Medical Leave has been taken in the 12 months prior to the certified leave begin date, the 12 weeks of Family and Medical Leave will be reduced by the amount of leave already taken. ii. Permanent EPA Staff - Same as Permanent (SPA) staff. iii. Senior Administrative Officers - Same as Permanent (SPA) staff iv. Twelve-Month Faculty - Same as Permanent (SPA) staff b. Non-Leave Earning Faculty and Staff
5. Leave Without Pay Beyond the Allowable 12-Week Period, 26-Week Period, or for Employees not eligible for Family and Medical Leave. a. Employees wishing to extend leave beyond the 12-week or 26-week (480-hour, or 1040-hour) period, which the Law allows, or who are not eligible for Family and Medical Leave Law protection because they do not meet the eligibility requirements may wish to consult PIM-5 - Leave Without Pay. b. In cases of leave without pay outside Family and Medical Leave protection: Should an employee decide to continue University-sponsored health coverage while on leave without pay, the employee is responsible for full payment (including the University's contribution) of health insurance coverage. 6. Leave Charges Most employees have several options as to what types of paid and unpaid leave may be taken under these provisions, including annual leave, sick leave, bonus leave, donations of voluntary shared leave, and leave without pay. Leave may be used according to the following guidelines: a. Employee's Illness - An employee shall exhaust available sick leave before going on leave without pay. An employee may choose to exhaust available annual leave or bonus leave, or any portion thereof, before going on leave without pay. b. Illness of Child, Spouse, or Parent - The employee may choose to exhaust available sick, bonus, and/or annual leave, or any portion thereof, or go on leave without pay. c. Birth, Adoption, or placement of newborn foster child in home - In the case of birth, there are actually two reasons for leave: 1) The Mother is usually incapacitated for some period, and 2) the newborn is in need of immediate attention for the basic necessities of survival. So, in order to create an equitable situation between birth parents and adoptive/foster parents of newborns, the University shall interpret the State leave rules to allow use of sick leave for the entire 12 weeks. Employees may also choose annual leave, bonus leave, apply for shared leave, or use leave without pay. These options are available to either parent. d. Military Exigency – the employee may choose to exhaust available vacation leave, and/or bonus leave, or any portion thereof, or go on leave without pay. e. Military Caregiver – the employee may choose to exhaust available sick leave, vacation leave, and/or bonus leave, or any portion thereof, or go on leave without pay. f. Employees are advised to discuss foreseen absences with both the supervisor and Benefits Office prior to taking the leave. Whether foreseen or unforeseen, the employee must decide how to use any accrued paid leave (annual, bonus, and sick), whether to apply for shared leave, and plan for the possibility of a leave without pay. FMLA Time off must be recorded on a regular P-1 Form and designated as Family and Medical leave regardless of whether the employee is using paid or unpaid leave to cover the period. 7. Determining the 12-Week Leave Period Periods of paid leave and periods of leave without pay (including leave without pay while awaiting short-term disability or workers' compensation benefits) both count toward the 12 work weeks (480-hours) to which the employee is entitled under the Family and Medical Leave Law. This includes leave taken under the Voluntary Shared Leave Policy. 8. Determining the 26-Week Leave Period Periods of paid leave and periods of leave without pay both count toward the 26 work weeks (1040-hours) to which the employee is entitled under the Family and Medical Leave Law revised in 2007. This includes leave taken under the Family and Medical Leave Act for any reason in the rolling 12-month period. This also includes time that an employee’s spouse for the same employer has taken as a military caregiver. 9. Reduced or Intermittent Work Schedules a. The FMLA provides that, when medically necessary, an employee may work a reduced or intermittent work schedule because of his or her own serious health condition. When it is determined to be medically necessary, an employee may also request permission to work on a reduced or intermittent schedule to care for the employee's spouse, child, parent or service member who has a serious health condition. There is no minimum limitation on the amount of leave taken intermittently, however, for accounting purposes, supervisors are asked not to require leave accounting for increments under one quarter of an hour. The reduced work schedule must be defined and agreed upon by both the employee and the employee’s supervisor. b. An employee may arrange a reduced or intermittent work schedule for childbirth or adoption only when the supervisor agrees to such an arrangement. In the case of childbirth, if the Certification by Medical Practitioner (see the Extended Leave Of Absence Resource Guide) indicates the mother is unable to perform the essential functions of her own position, then she will be granted Family and Medical Leave if she is otherwise eligible. c. If a reduced or intermittent work schedule is necessary, based on planned medical treatment, the supervisor may request the employee transfer temporarily to an available alternative position for which the employee is qualified with equal pay and benefits, and which better accommodates recurring periods of leave. d. Supervisors are to notify the Benefits Office whenever a staff member requests a reduced schedule for Family and Medical Leave purposes. The Benefits Office will make the necessary arrangements to assure the individual is not overpaid. e. If the staff member chooses to use sick or annual leave to cover periods not worked while on an intermittent work schedule, leave charges will be on a pro rata basis. Please record leave taken on a regular leave slip (Form P-1) and designate as Family and Medical Leave. Submit the leave slip with the time sheet for the week as usual to the Payroll Office with a copy of each to the Benefits Office. 10. Procedures for Requesting Paid or Unpaid Leave and Designation of Such Leave as Family and Medical Leave (FML) a. Notify your supervisor that you need Family and Medical Leave by completing a Family and Medical Leave Application at least 30 days in advance if the leave is pre-planned, and as soon as possible for last minute situations. (Forms are available from the Benefits Office, 226 King, or see attachments): 1. Leave-Earning Faculty and Staff: i. Leave-earning faculty and staff may use the Family and Medical Leave/Shared Leave Application for all 12-month employees of UNC Charlotte (see the Extended Leave Of Absence Resource Guide). Please make a copy of the completed application for you and your supervisor, send the original to the Benefits Office. ii. Send/take a Certification by Medical Practitioner (see the Extended Leave Of Absence Resource Guide) with Part 1 completed to the treating practitioner. Please request that the practitioner provide the requested information including specifics regarding the essential functions of your position that you are unable to perform and the regime of treatment prescribed. Return the form to the Benefits Office. This document will be treated confidentially. iii. Your supervisor should complete the Certification of Leave Balances/Shared Leave Application for all 12-month employees of UNC Charlotte (see the Extended Leave Of Absence Resource Guide). Please make a copy of the completed application for you and your supervisor, send the original to the Benefits Office. 2. For Nine-Month Faculty Members The Family and Medical Leave Application for Nine-Month Faculty Members has three parts wrapped inside a folder (available in the Benefits Office, 226 King or see attachments) which discusses the issues relevant to Family and Medical Leave for Nine-Month Faculty members: i. Part A is a Family and Medical Leave Application for Nine-Month Faculty Members. This should be completed and returned to the Benefits Office. ii. Part B is a Certification by Medical Practitioner (see the Extended Leave Of Absence Resource Guide). Please complete Part 1 of this form, send/or take it to the treating practitioner. Please request that the practitioner provide the requested information including specifics regarding the essential functions of your position that you are unable to perform and the regime of treatment prescribed. Have the Certification returned directly to the Benefits Office. iii. Part C is an Agreement regarding Tenure and Promotion issues (Form AA-32). This should be completed in a meeting between the faculty member and the Department Chairman in which each issue is reviewed and discussed in accordance with the information on the document wrapper. Both the faculty member and Department Chairman should sign this form, and then send it on to the appropriate dean, who will, in turn, send it to Academic Affairs. 11 All Faculty and Staff Members will receive a confirmation of Family and Medical Leave arrangements. Leave-earning Faculty and Staff will receive a confirmation from the Benefits Office including the following: a. Confirmation of eligibility/ineligibility. b. Leave balance to which to the staff member is entitled. c. Contributions toward premium due the University if a portion of leave will be unpaid. A copy of the confirmation memorandum will go to the applicant's supervisor, to Payroll, and Human Resources Development-Benefits (for SPA Staff)/Academic Affairs (for EPA Staff). 12. Nine-Month Faculty will receive a confirmation from Academic Affairs including the following: a. Confirmation of eligibility/ineligibility. b. Semesters to be taken as paid or unpaid. c. Contributions toward premium due the University if portion of leave will be unpaid. Confirmation of arrangements made regarding, reappointment, probation, tenure and promotion. 13. During Family and Medical Leave, the supervisor and individual on leave are expected to remain in periodic contact, so when the employee and physician decide it is time to return to work, it should come as no surprise. 14. Prior to the employee returning to work, the employee and the treating physician should complete the Fitness for Duty Certification (see the Extended Leave Of Absence Resource Guide) and submit it to the Benefits Office. A copy of this form will be sent to the supervisor, Payroll, and HR Development-Assignment (SPA)/Academic Affairs (EPA). The supervisor should confirm the employee's actual return to work with the Benefits Office. 15. Leave Accounting and Advanced Leave a. Supervisors need to submit leave slips (Form P-1) to the Payroll Office for leave-earning employees on Family and Medical Leave. The employee is encouraged to complete a set of leave slips designating how he/she wishes to use paid and unpaid leave during the projected leave period. If the employee does not complete the leave slips, the supervisor should apply paid leave as stated in Item 6 until it is exhausted and then use leave without pay. The Benefits Office will notify Payroll of Shared Leave donations, if any, to overlay the leave without pay. Copies of leave slips and time sheets should be sent to the Benefits Office. b. The supervisor, at his/her discretion, may choose to advance annual and/or sick leave equal to the employee's individual monthly accrual for each of the remaining months in the year. (i.e. The employee earns leave at the rate of 9.167 hours per month and three months remain in the year. The supervisor may choose to advance this employee 27.50 hours of annual leave.) This Personnel Information Memorandum (PIM) supersedes PIM-9 dated 05/01/03 Related Documents |