| Title: | Members of the Bargaining Unit Medical Leave Guidelines |
|---|---|
| Policy Owner: | Department of Human Resources (Absence Management) |
| Applies to: | Applicable members of the AAUP Bargaining Unit |
| Campus Applicability: | Storrs, the 4 Regional Campuses, and UConn Law |
| Effective Date: | June 27, 2023 |
| For More Information, Contact | Department of Human Resources (Absence Management) |
| Contact Information: | (860) 486-3034 or hr@uconn.edu |
| Official Website: | Faculty Leave of Absence | Human Resources |
Faculty medical leaves have historically been at the discretion of the University and administered in accordance with the Article XIV, L, 4 of the By-Laws of the University of Connecticut (the “By-Laws”) titled “Sick Leave for Faculty With or Without Pay,” which provides that “[e]ach case is considered separately and involves careful consideration of length of service, nature of illness, and anticipated length of disability.” These guidelines are intended to clarify the By-Laws and provide better guidance and general parameters to University administrators in evaluating requests for medical leave.
These guidelines are for a bargaining unit member’s own long term illnesses only (e.g. federal and/or state FMLA qualifying medical leaves) and apply only to tenured and tenure-track faculty and non-tenure track bargaining unit members who are on multi-year appointments or annual appointment with at least three (3) years of service in a non-tenure track position. Absences for short-term illness and caregiver leave, and for members of the bargaining unit that are on temporary appointments will be administered at the school or departmental level. In no case shall a medical leave extend a temporary appointment beyond its end-date. For non-tenure track bargaining members not on a multiyear appointment, leave under this Appendix will cease on the member’s appointment end date. If the non-tenure track bargaining unit member is renewed for a consecutive appointment in the same position, the balance of leave under this Appendix may be extended into the new appointment with approval of the Dean and the Provost.
A. Bargaining unit members with Less than Three (3) Years of Service (up to six months paid sick leave)
- Bargaining unit members with less than three (3) years of service will be eligible to be paid for a qualifying medical leave under the federal FMLA and/or the state FMLA medical leave law, up to the period provided for in the medical certification, not to exceed six (6) months. [1] Sick leave must be supported by medical certification and be approved by the Department of Human Resources, with notification provided to the department head or equivalent official and the Dean.
- If after six (6) months of continuous leave the member of the bargaining unit is still medically unable to return to work, an extension of unpaid sick leave may be requested with proper medical certification and is subject to the approval of the Dean and the Provost. Extensions of medical leave after the initial six (6) months provided for in Paragraph A.1 shall be in conformity with the By-Laws (as set forth in Article 8.3) with an emphasis on the bargaining unit member’s length of service and the likelihood, based on acceptable medical evidence, that they will be able return to full employment.
If the bargaining unit member with less than three years of service is an ARP participant and is eligible to collect long-term disability (LTD) benefits during a period of approved unpaid leave, the University will not supplement the LTD benefit. - If medical leave has been exhausted and no extension has been approved, the bargaining unit member will be medically separated in good standing. Post-employment benefits will be determined by the rules of the retirement plan that the faculty member has elected.
B. Bargaining unit members with 3 to 6 Years of Service (up to twelve months paid sick leave)
- Bargaining unit members with 3 to 6 years of service will be eligible to be paid for a qualifying medical leave under the federal FMLA and/or the state FMLA medical leave law, up to the period provided for in the medical certification, not to exceed six (6) months. Sick leave must be supported by medical certification and be approved by the Department of Human Resources, with notification provided to the department head or equivalent official and the Dean.
- If after six (6) months of continuous leave the bargaining unit member is still medically unable to return to work, an extension of six (6) months paid sick leave may be requested with proper medical certification and is subject to the approval of the Dean and the Provost. Extensions of medical leave after the initial six (6) month period provided for in Paragraph B.1 shall be in conformity with the By-Laws (as set forth in Article 8.3) with an emphasis on the bargaining unit member’s length of service and the likelihood, based on acceptable medical evidence, that they will be able return to full employment.
If the leave is approved as paid, and the bargaining unit member is an ARP participant, the leave will be converted to LTD leave in accordance with Article 19.G. The University will supplement the disability benefit so that the bargaining unit member receives the same rate of pay as if fully employed for six (6) additional months. If the leave is approved as paid, and the bargaining unit member is a SERS or Hybrid participant, they will be eligible for six (6) months of additional paid sick leave. - If after one (1) year of continuous leave the bargaining unit member is still medically unable to return to work, an extension of unpaid sick leave may be requested with proper medical certification and is subject to the approval of the Dean and the Provost. Extensions of medical leave after the initial one (1) year period provided for in Paragraphs B.1 and B.2 shall be in conformity with By-Laws (as set forth in Article 8.3) with an emphasis on the bargaining unit member’s length of service and the likelihood, based on acceptable medical evidence, that they will be able return to full employment.
- If medical leave has been exhausted and no extension has been approved, the bargaining unit member will be medically separated in good standing. Post-employment benefits will be determined by the rules of the retirement plan that the bargaining unit member has elected.
C. Bargaining unit with 7 to 10 Years of Service (up to eighteen months of paid sick leave)
- Bargaining unit members with 7 to 10 years of service will be eligible to be paid for a qualifying medical leave under the federal FMLA and/or the state FMLA medical leave law, up to the period provided for in the medical certification, not to exceed six (6) months. Sick leave must be supported by medical certification and be approved by the Department of Human Resources, with notification provided to the department head or equivalent official and the Dean.
- If after six (6) months of continuous leave the bargaining unit member is still unable to return to work, an extension of six (6) months paid sick leave may be requested with proper medical certification and is subject to the approval of the Dean and the Provost. Extensions of medical leave after the initial six (6) month period provided for in Paragraph C.1 shall be in conformity with the By-Laws (as set forth in Article 8.3) with an emphasis on the bargaining unit member’s length of service and the likelihood, based on acceptable medical evidence, that they will be able return to full employment.
If the leave is approved as paid, and the bargaining unit member is an ARP participant, the leave will be converted to LTD leave in accordance with Article 19.G. The University will supplement the LTD benefit so that the bargaining unit member receives the same rate of pay as if fully employed for six (6) additional months. If the leave is approved as paid, and the bargaining unit member is a SERS or Hybrid participant, they will be eligible for six (6) months of additional paid sick leave. - If after one (1) year of continuous leave the bargaining unit member is still unable to return to work, an extension of six (6) months paid sick leave may be requested with proper medical certification and is subject to the approval of the Dean and the Provost. Extensions
of medical leave after the initial one (1) year period provided for in Paragraphs C.1 and C.2 shall be in conformity with the By-Laws (as set forth in Article 8.3) with an emphasis on the bargaining unit member’s length of service and the likelihood, based on acceptable medical evidence, that they will be able return to full employment.
If the leave is approved as paid, the University will continue to supplement the LTD benefit so that the bargaining unit member receives the same rate of pay as if fully employed for an additional six (6) months. If the leave is approved as paid, and the bargaining unit member is a SERS or Hybrid participant, they will be eligible for six (6) months of additional paid sick leave. - If medical leave has been exhausted and no extension has been approved, the bargaining unit member will be medically separated in good standing. Post-employment benefits will be determined by the rules of the retirement plan that the bargaining unit member has elected.
D. Bargaining unit with More Than 10 Years of Service (up to twenty-four months paid sick leave)
- Bargaining unit members with more than 10 years of service will be eligible to be paid for a qualifying medical leave under the federal FMLA and/or the state FMLA medical leave law, up to the period provided for in the medical certification, not to exceed six (6) months. Sick leave must be supported by medical certification and be approved by the Department of Human Resources, with notification provided to the department head or equivalent official and the Dean.
- If after six (6) months of continuous leave the bargaining unit member is still unable to return to work, an extension of six (6) months paid sick leave may be requested with proper medical certification and is subject to the approval of the Dean and the Provost. Extensions
of medical leave after the initial six (6) month period provided for in Paragraph D.1 shall be in conformity with the By-Laws (as set forth in Article 8.3) with an emphasis on the bargaining unit member’s length of service and the likelihood, based on acceptable medical evidence, that they will be able return to full employment.
If the leave is approved as paid, and the bargaining unit member is an ARP participant, the leave will be converted to LTD leave in accordance with Article 19.G. The University will supplement the LTD benefit so that the bargaining unit member receives the same rate of pay as if fully employed for six (6) additional months. If the leave is approved as paid, and the bargaining unit member is a SERS or Hybrid participant, they will be eligible for six (6) months of additional paid sick leave. - If after one (1) year of continuous leave the bargaining unit member is still unable to return to work, an extension of twelve (12) months paid sick leave may be requested with proper medical certification and is subject to the approval of the Dean and the Provost. Extensions
of medical leave after the initial one (1) year period provided for in Paragraphs D.1 and D.2 shall be in conformity with the By-Laws (as set forth in Article 8.3) with an emphasis on the bargaining unit member’s length of service and the likelihood, based on acceptable medical evidence, that they will be able return to full employment.
If the leave is approved as paid, the University will continue to supplement the LTD benefit so that the bargaining unit member receives the same rate of pay as if fully employed for the additional twelve (12) months. If the leave is approved as paid, and the bargaining unit member is a SERS or Hybrid participant, they will be eligible for twelve (12) months of additional paid sick leave. - If medical leave has been exhausted and no extension has been approved, the bargaining unit member will be medically separated in good standing. Post-employment benefits will be determined by the rules of the retirement plan that the bargaining unit member has elected.
E. Maximum Continuous Medical Leave
Unless otherwise required by law, any continuous period of medical leave (paid, unpaid or a combination of paid/unpaid) shall not exceed two (2) years.
F. Concurrent Leaves and Entitlements
- All medical leaves under these guidelines shall run concurrently with federal FMLA and other legal entitlements, including ADA accommodations arranged through the Department of Human Resources.
- Bargaining unit members who are afforded paid time off under the collective bargaining agreement must use such time concurrently with any paid leave provided in accordance with this Appendix.
G. Reinstatement of Bargaining unit Members Who Are Medically Separated In Good Standing
If a bargaining unit member who is medically separated in good standing becomes medically able to return to University employment, they shall be eligible for rehire. Rehire shall be subject to approval of the Dean and the Provost. In determining whether to rehire the bargaining unit member, emphasis shall be placed on the qualification of the bargaining unit member at the time of rehire; the likelihood that the bargaining unit member will be able to resume teaching, scholarship and service at a level commensurate with their position; and the needs of the University, School or College, and Department.
H. Calculation of Supplemental Disability Pay
For bargaining unit members enrolled in the ARP and eligible to receive a disability supplement in accordance with these guidelines, the University shall supplement the disability insurance such that the bargaining unit member’s bi-weekly gross pay (disability benefit plus
supplement) while receiving the supplement equals the bi-weekly gross pay the bargaining unit member would have received if they were fully employed less the ARP contribution being paid by the disability carrier on behalf of the bargaining unit member.
I. Multiple Access to Paid Sick Leave
Bargaining unit members may only access the paid medical leave benefits described in this policy once every three (3) years unless otherwise approved by the Dean and the Provost, with an emphasis on whether the total amount of paid sick leave taken in any three (3) year period is less than the maximum paid sick leave available to the bargaining unit member under these guidelines.
Whenever a bargaining unit member utilizes paid sick leave under these guidelines, the bargaining unit member’s years of service shall be determined from the bargaining unit member’s University hire date. If the bargaining unit member accesses the benefit a second or subsequent time within the three (3) year period from the date the bargaining unit member initially accessed the paid sick leave, then the bargaining unit member shall be limited to the remaining paid sick leave eligibility for that three (3) year period.
If a bargaining unit member is not eligible for paid sick leave in accordance with this paragraph, they still may take as unpaid any medical leave to which they are entitled in accordance with their rights under federal and/or state medical leave laws.
REFERENCES
[1] The term “months” is intended to mean calendar months.
POLICY HISTORY
Revised and approved July 1, 2021