Medical Leave
Medical Leave
Policy
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Document Number: HR--116 Revision #: 1.0
Document Owner: Executive VP Date Last Updated: 08/17/2012
Primary Author: Director of Human Resources Status: Approved
Date Originally Created: 01/12/2012
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General Description
Description: Information about medical leave relative to HR policy.
Purpose: Delineation of policy.
Scope: All faculty, staff, and administrators
Responsibility: Human Resources
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Requirements
Relevant Knowledge: In order to comply with this policy you should know:
Current University policy
Terms and Definitions: Additional training
Corrective Action
Loss of privilege, general
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Policy Provisions
1. Medical Leave
There are situations where faculty and/or staff members may be granted unpaid time away from work for a documented illness or disability under conditions that are not covered by FMLA. Cumberland University has the sole discretion to grant or deny non-FMLA medical leave. In addition, employees seeking CU Medical Leave must follow the same procedural requirements, including certification of the need for medical leave and the requirement of a fitness for duty certificate, set forth in the section of this Handbook regarding, Family and Medical Leave. These conditions include:
1. Cases where an employee is not "eligible“ under FMLA because:
a. The individual has not completed one year of employment with Cumberland University, and/or
b. The individual has not worked at least 1,250 hours at Cumberland University in the past 12 months.
2. Cases where an eligible employee has exhausted the 12 weeks of FMLA eligibility for the past 12 months.
3. Cases where the illness or disability is of a minor nature or brief duration that it does not qualify as a "serious health condition“ under FMLA because it does not require:
a. Inpatient medical care, or
b. Continuing treatment by a health care provider
Unlike absences that are covered under FMLA, Cumberland University is not required to hold the employee's position while on CU Medical Leave, informal and formal, and there is no requirement that a position be made available at the conclusion of the CU Medical Leave. These medical absences should be managed carefully, as they may be used in considering performance actions relating to attendance concerns.
1.1 Eligibility for Informal Medical Leave
An informal medical leave is a medical absence for up to four (4) weeks. Absences due to medical reasons that are not covered under FMLA generally are of a short duration and do not require the employee to be placed on any formal medical leave. Informal medical absences may be available as needed to all full-time faculty and staff, excluding those in their orientation periods. Eligible employees must use all accrued sick and/or vacation days before going to unpaid status.
1.2 Eligibility for Formal Medical Leave
A formal medical leave is a medical absence of more than four (4) weeks and up to twelve (12) weeks. Formal Medical Leave may be available as needed to full-time employees who have:
1. Completed their initial orientation period,
2. Not met FMLA eligibility requirements, or
3. Exhausted their 12 weeks of FMLA eligibility for the past 12 months.
1.3 Formal Medical Leave
Eligible employees must request the leave in writing to their supervisor and provide documentation of the medical condition from the physician, that:
1. Verifies that the medical condition prevents the employee from working,
2. Indicates how much time will be needed to be away from work, and
3. Provides an estimated return to work date.
Supervisors need to forward the above mentioned letter and documentation to the Director of Human Resources for processing. When the need for leave is not foreseeable, written notice must be made as soon as practicable.
Eligible employees must use all accrued sick and/or vacation days before going to unpaid status. As long as the employee stays in a paid status using accrued sick and/or vacation days, they will continue to receive health insurance coverage under the Cumberland University health care plan at the level and under the conditions that such coverage would have been provided if the affected faculty or staff member had continued working. However, if any part of the Medical Leave is unpaid, the affected employee must make arrangements with the Office of Human Resources to continue total coverage at his/her own cost.
1.4 Return from Medical Leave
As previously indicated, unlike an employee whose absence is covered under the Family & Medical Leave Act, Cumberland University is under no obligation to return the employee to his/her prior position or an equivalent job. However, if an employee on CU Medical Leave receives and provides the University with a fitness for duty certificate, and the position the employee held prior to taking leave is available, the University may elect to return the employee to this prior position.
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Performance Evaluation
Performance Metrics: Compliance with standard policy and procedure
Consequences: Further training
Loss of privileges
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Subject Experts
The following may be consulted for additional information.
Director of Human Resources