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UI Faculty Leave Policies: Self and Family. Jan Gorman, Director HR Faculty/Staff Disability Services Lori Cranston, HR Manager Provost HR June 15, 2006 . Leave Policies. FMLA Biological Birth and Recovery Adoption Foster Care. FMLA.
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UI Faculty Leave Policies: Self and Family Jan Gorman, Director HR Faculty/Staff Disability Services Lori Cranston, HR Manager Provost HR June 15, 2006
Leave Policies • FMLA • Biological Birth and Recovery • Adoption • Foster Care
FMLA • Requires employers to designate qualifying leave as FMLA. • FMLA covers several types of events that when eligible include, • faculty member’s illness, • family member’s illness, and • child’s entry in the home.
Implementation • No faculty employee is required to request “FMLA Leave” • The department must determine whether FMLA applies and give written notice to faculty member
FMLA: Objective • Authorized leave without ramification
FMLA Benefit • Absence is protected • Employer must grant the leave • Faculty return to his/her position or equivalent with same benefit • Health insurance is maintained during any period of unpaid leave
FMLA: Faculty Eligibility • Must have worked for the UI an aggregate of 12 months in any paid capacity • Must have worked at least 1,250 actual hours during the preceding 12 months
FMLA: Determining Eligibility • 9-month appointment: • Hours worked in most recent 12 months (spring and fall semesters) • Plus summer appointment hours • Less hours charged to absences • 12-month appointment: • Hours worked in most recent 12 months • Less hours charged to absences
FMLA: Amount of Leave Available • 12 weeks each calendar year for each eligible faculty member • Reduced by FMLA leave used for Child’s Entry to the Home
FMLA: Type of Leave Available • Continuous or intermittent leave (Intermittent must be arranged with employer) • Examples: • 12 weeks of continuous leave • Intermittent days/hours for recovery or treatment that requires teaching absence • Reduced work schedule • Possible reduction of effort allocation
Care for Spouse, Child or Parent • Care and psychological comfort • Biological parent or one who functioned as parent • Biological/foster/step child • Excludes in-laws, grandparents, most adult children
Employee’s Serious or Chronic Health Condition • Inpatient care or • Absence of more than three consecutive days and medical treatment or • Intermittent absences/chronic condition • periodic visits • extended period • episodic/intermittent/reduced schedule
FMLA: Pay Status During Leave • FMLA is unpaid leave • The University implements benefit leave policies concurrently with FMLA
Documentation: Health Certification • Departments should obtain health certification (Use Form) • Explains medical need for leave. • Explains type of leave event-family, self • Duration of leave. • Frequency of absences (intermittent). (Use Health Certification Guidelines)
Documentation:Release to Work • Release to work is required for absences of 10 consecutive days or more (use form). • Information is limited to ability to perform essential functions of the job.
Communication • Limited between employee and employer (weekly). • Employers cannot have direct communication with treating practitioner regarding the leave.
After the Leave • Restored to same or equivalent position. • Restored to benefits for which employee was eligible prior to leave.
Renewing FMLA • On exhaustion of current Health Certification • Annually
Charging Absence to FMLA • Following designation of absence as FMLA
Scenario: Faculty Member’s Illness Your 9 month faculty member has MS and is absent from work for medical appointments. He may need to have leave the full spring semester. • What leave might is available? • What documentation is required from him and you? • What do you need to communicate to him and when?
Scenario: Caring for an Elderly Parent -- Long Distance Caregiving Your 9 month faculty member has an aging, single parent living outside of the Iowa City area. The parent has been diagnosed with cancer and will be receiving chemotherapy treatments for one month. The treatments will cause the parent to become ill and weak. Care is needed. The faculty member is teaching 2 classes, writing an article and advising 2 students who are in the preparation stages of their dissertations. Problem solve this situation: What leave is to be used? What documentation is to be completed and shared? What communication must be conducted?