Authority: Board of Trustees
History: Policy on Serious Illness and Disability Leave for Faculty first approved
by ECU Board of Trustees effective May 6, 2005; Last
revised: [date
inserted after Board’s approval of revision]
Related Policies: UNC Policy Manual 300.2.11—Policy on Serious Illness and Disability Leave
for Faculty; ECU Faculty Manual, Part
VI, Appendix C, Appendix D, and Appendix I; federal Family
and Medical Leave Act [insert appropriate reference upon decision on ECU’s
faculty FMLA policy]; North Carolina Family Illness Leave Act
Additional
References: UNC Policy Manual 300.2.11[G] [insert UNC policy manual link]; (insert HR
Benefits link—includes direct link to FMLA and NCFIA)
Contact for Info: Director of Benefits, Human Resources (328-9825); Associate Vice
Chancellor for Personnel Administration, Division of Academic and Student
Affairs (328-1888 or 328-5442) or Assistant Vice Chancellor for Health Sciences
Personnel Administration, Division of Health Sciences (744-1910)
1. Purpose
This policy
provides leave with pay for eligible faculty (defined in Section 2 below) for
cases of a serious health condition and/or parental leave(defined
as birth, adoption, and foster care placement of a child). For further explanation, see the Family and
Medical Leave Act link under additional references above.
2. Eligibility
2.1 This
policy applies only to faculty members who meet all of the following
conditions:
2.1.1 have been continuously employed by East
Carolina University for at least twelve (12) consecutive calendar months, and
2.1.2 have continuously
held a permanent appointment of at least
75 percent of full-time, and
2.1.3 who participate in either the Teachers’
and State Employees’ Retirement System of North Carolina or the Optional
Retirement Program, and
2.1.4 who do not accrue
sick leave.
2.2 This policy does not apply to faculty members
with temporary appointments or to faculty who are employed with less than 75
percent appointments.
2.3 A
period of employment in a non-eligible status may not be used to partially meet
the requirement for 12 consecutive months in an eligible capacity.
2.4 Leave benefits are available to eligible
faculty members only during a period when the faculty member is contractually
employed. For nine-month faculty members,
the contract employment period is defined as the regular academic year between
Opening Day Convocation for Fall Semester in August and Commencement at the end
of Spring Semester in May.
2.4.1 Teaching
duties in the summer terms by nine-month faculty members are covered under a
separate contract, and paid leave under this policy is not provided for absence
during a contracted summer term.
2.5 This policy applies only to faculty and
not to other employment categories, including but not limited to categories of
Senior Academic and Administrative Officer (SAAO Tier I or Tier II), EPA
Non-faculty (NF-EPA Instructional or Research), SPA/CSS, Postdoctoral Fellows,
or student employees.
3. Description
of Benefit
3.1 The total leave benefit for an individual
faculty member for all leave benefits (with or without pay) under this policy
and in accordance with the FMLA is 12 calendar weeks within any consecutive
12-month period. Note in section 3.3.1.2
below, under the North Carolina Family Illness Act, a faculty member is
entitled to an extension of up to 52 weeks of leave without pay during a
five-year period in cases of serious illness of a child, spouse, or parent.
3.1.1 A faculty member is eligible for a total maximum of 12 calendar
weeks of leave with pay within a 12-month period, regardless of the number of
qualifying events that occur during the 12-month period. The date of the first qualifying event sets
the clock for the 12-month period for leave with or without pay under this
policy. [See 5.3 regarding use of any
accrued leave balance prior to utilizing paid leave benefits under this
policy.]
3.2 Leave with pay
3.2.1 For qualifying reasons defined in the federal
Family and Medical Leave Act, leave with pay is available to a faculty member
who meets the eligibility criteria defined in section 2 above.
3.2.2 Serious
Health Conditions – For documented serious health conditions as defined in FMLA
a faculty member is eligible for leave with pay for a maximum of 12 calendar weeks in any consecutive 12-month period. See section 4.2 for certification
requirements.
3.2.3 Primary Caregiver – For birth, adoption, or
foster care placement of a child,
the primary caregiver is eligible for leave with pay for 12
consecutive calendar weeks beginning on the date of the documented qualifying
event.
3.2.4 Secondary Caregiver – For birth, adoption,
or foster care placement of a child, the secondary caregiver, if also employed
by East Carolina University, is eligible for leave with pay for up to 21
consecutive calendar days (in addition to the leave with pay for the primary
caregiver) any time within the 12 month period immediately following the
documented qualifying event.
3.2.5 Health/medical complications arising due to
pregnancy and childbirth will be treated as any other serious health condition
[see 3.2.2 above].
3.2.6 Dependent Care or Care for a Family Member –
For required care of an FMLA-designated dependent or immediate family member
who has an FMLA-qualified serious health condition, the faculty member is
eligible for leave with pay for a maximum of 12 calendar weeks in any consecutive
12-month period.
3.2.7 Two eligible employees may choose to share
the 12 calendar weeks of leave with pay, but in no case may two eligible
employees each receive 12 calendar weeks of leave with pay for the same
qualifying event.
3.2.8 In no case is an employee eligible for both
12 calendar weeks of leave with pay and 21 calendar days of leave with pay for a
single qualifying event.
3.3 Leave without pay
3.3.1 For
qualifying reasons defined in the federal
Family and Medical Leave Act, leave without pay is available to faculty members
who meet the eligibility criteria defined in section 2 above.
3.3.1.1 For qualifying events defined in section 3.2.1
above, after a period of approved leave
with pay is exhausted, additional leave (without pay) up to a total maximum of
12 calendar weeks (including leave with and without pay) may be approved within
any consecutive 12-month period. In no
case will leave with or without pay under FMLA be approved beyond a total of 12
calendar weeks within any consecutive 12-month period. [see
section 4.6]
3.3.1.2 After exhausting 12 calendar weeks of leave
with or without pay pursuant to this policy, a faculty member with twelve (12)
months of eligible service is entitled under the North Carolina Family Illness
Act, to an extension of up to 52 weeks of leave without pay during a five-year
period in cases of serious illness of a child, spouse, or parent.
3.4 Short-term
Disability Benefits
3.4.1 Employees are eligible for short-term
disability benefits under the Disability Income
Plan of North Carolina after both of the following conditions are met:
3.4.1.1 one year of contributing membership within the past 36 months
in the Teachers' and State Employees' Retirement System of North Carolina or
the Optional Retirement Program, and
3.4.1.2 a 60 (sixty) calendar-day
waiting period from the date of disability onset. More information about disability benefits
can be found on the Human Resources Benefits web site [see link in additional
references above].
3.4.2 Employees may purchase supplemental
disability insurance coverage offered by
plans approved and available through the Human Resources Benefits Office. [see HR
Benefits web link above]
4. Administration of Benefit
4.1 The
faculty member's request for leave with pay will be made in writing to the
Human Resources Benefits Office by completing the form entitled “Request for
Faculty Serious Illness and Disability Leave” located on the Human Resources
Benefits web site.
4.2 Medical certification of the faculty
member’s serious health condition, including a statement from an eligible
health care provider (as defined under FMLA) about the probable length of
absence from normal duties, is required.
If the request is for the purpose of caring for a family member or
dependent, the University also requires medical certification of that person’s
illness or disability and documentation of the circumstances which make it
impossible or difficult for the faculty member to carry on with normal duties. The faculty member is responsible for submitting
the provider’s medical certification within 15 calendar days of the request for
leave.
4.2.1 In the case of parental leave,
adoption or foster care, documentation of the qualifying will be required and shall be submitted within
15 calendar days of the request for leave.
4.2.2 Forms for use by eligible health care
providers to document the illness or disability and anticipated duration are
located on the Human Resources Benefits web site.
4.3 The
Human Resources Benefits Counselor will review the medical certification from
the health care provider or the documentation of a parental leave qualifying event and determine
the eligibility of the faculty member for leave with pay under this policy. If the Human Resources Benefits Counselor determines
that the employee is not eligible for leave with pay benefits under this
policy, the Human Resources Benefits Counselor will notify the faculty member
of the decision in writing, including the grounds for denial of the requested
leave benefit. The faculty member may
appeal this decision to the Director of Benefits. The decision of the Director of Benefits is
final.
4.4
The Human Resources Benefits
Counselor will provide the appropriate vice chancellor with written
notification of the faculty member’s eligibility for leave with pay under this
policy. For approved leave with pay, the
appropriate vice chancellor will issue a letter to the faculty member informing
him or her of the beginning and ending dates of leave with pay authorized, with
copies to appropriate unit administrators.
4.5 It
is the faculty member’s responsibility to inform the unit administrator in
writing of the anticipated absence under this policy within 15 calendar days
after the faculty member becomes aware of the qualifying reason for leave.
4.5.1 The unit administrator is responsible for
securing, to the extent possible, substitute personnel for the duration of the
faculty member’s approved leave (with or without
pay). The cost of substitute personnel
is the responsibility of the academic unit.
Any adjustments in work schedules within the unit are at the discretion
of the unit administrator, with the approval of the next higher administrator,
and are subject to unit and institutional needs and resources.
4.5.2 Upon the faculty member’s return to work after a period of
approved leave (with or without pay) under this policy, the unit administrator
and the faculty member will determine together the completion of assigned
responsibilities during the remainder of the academic term. Similarly, when a faculty member anticipates
the need to request leave (with or without pay) under this policy prior to the
beginning of an academic term, the faculty member should inform the unit
administrator within 15 calendar days so that qualified substitute personnel
can be secured by the unit administrator as early as possible.
4.6 The
FMLA entitlement of 12 weeks of leave without pay will run concurrently with
any period of leave with pay under this policy.
The period of leave with pay will also be designated as family medical
leave under FMLA.
4.7 Leave
with pay may not extend beyond the end of the faculty member's contract period
as defined in section 2.4 above.
4.7.1 If the
illness or disability requires an absence from faculty duties longer than 12
(twelve) calendar weeks within a 12-calendar- month period, the faculty member
may apply in writing to his or her unit administrator for a leave of absence
without pay in accordance with provisions of the ECU Faculty Manual.
4.7.1.1 The faculty member may also apply to the
Human Resources Benefits Office
for salary continuation through the Disability Income Plan of North Carolina and through any other
optional disability program(s) in which
he or she may be enrolled.
4.8 In
cases of serious illness of a child, spouse, or parent, the North Carolina
Family Illness Act allows the faculty member to apply in writing for extension
of up to 52 weeks of leave without pay during a five-year period. Application is made through the Department of
Human Resources Benefits Office.
4.9 Any
unused leave pursuant to this policy is not eligible for terminal leave payment
when the faculty member leaves the employment of the University, and it may not
be used to extend years of creditable state service for retirement benefits. However, it must be exhausted prior to
participation in the Disability Income Plan of North Carolina available to
eligible employees.
5. Use of Leave with Pay
5.1
The leave with pay provided
under this policy may be used for serious health conditions, pregnancy, birth,
adoption, or foster care placement of a child as defined in section 3.2
above. A faculty member who anticipates
an absence from duties for longer than three (3) days for qualifying reasons
under FMLA shall inform the unit administrator as soon as possible. In cases of
medical emergency, this notice should be given as soon as practicable (see
section 4.5 above)
5.2 Faculty
will not be penalized because they require time away from work caused by or
contributed to by conditions such as pregnancy, miscarriage, childbirth, or
recovery. Disabilities resulting from pregnancy shall be treated the same as
any other covered disability. The type and nature of the faculty member's
duties during pregnancy will be determined by the department head in
consultation with the faculty member and upon advice the faculty member
receives from her eligible health care provider. Revisions to the faculty member’s assignments
will be documented in a written agreement signed by the unit administrator and
the faculty member. [Note: for information related to parental leave,
see section 3.2 above.]
5.3 Faculty
members who have an accrued balance of sick leave from a previous leave-earning
employment status must exhaust their
accumulated sick leave balance prior to utilizing the benefit of leave with pay
provided by this policy. Sick leave that
has accrued will be considered as part of the maximum 12 (twelve) calendar-week
eligibility for leave with pay under this policy.
6. Record-Keeping
6.1
This policy provides an important
financial benefit; therefore, accurate records must be maintained. The Human Resources
Benefits Office and the appropriate vice chancellor will maintain all official
records, and the vice chancellor will make an annual report on the use of leave
under this policy to the Chancellor and to the Chair of the Faculty no later
than August 1 each calendar year.
7. Coordination with Other Policies
7.1 Partial
leaves of absence are not permitted under this policy. However, at the faculty member’s discretion
and with approval of his or her health care provider, where health conditions
suggest that the faculty member may continue to perform some but not all of his
or her assigned faculty responsibilities during an academic term,
the relative weights among teaching, research, service, and clinical care
may be revised [see Appendix C of the Faculty
Manual] so long as the reassignment of responsibilities is completed in a
manner that minimizes the impact on academic program quality.
7.2 Consistent
with Appendix D of the Faculty Manual,
an untenured, probationary term (tenure-track) faculty member who is granted
leave under this policy may be eligible for an extension of the probationary
term. The faculty member must submit a written
request to the unit administrator for a probationary term extension, subject to
approval by the Chancellor, at the time the paid leave is granted.
7.3 The leave with pay provided for under
this policy shall have no effect on the faculty member's other employment
benefits.
7.4 Consistent with the Faculty Manual, Part VI and Appendix I, the faculty member may not
engage in other employment or compensated arrangements during the period
of leave with or without pay under this
policy.
7.5 A faculty member granted leave under this
policy may request in writing to the unit administrator to have his or her
five-year post-tenure review delayed by a period agreed upon by the faculty
member, unit administrator, dean, and vice chancellor. The terms of such an agreement will be stated
in writing and signed by the faculty member and the approving administrators.
8. Confidentiality
Communications
and documentation concerning leave requested or approved pursuant to this
policy shall constitute confidential records in accordance with North Carolina law.
9. Effective
Date
This
policy is effective __________ [INSERT DATE APPROVED] after approval by the ECU
Board of Trustees and shall supersede any previous policies granting leave to
faculty members for FMLA qualifying events. A faculty member who is absent on approved
leave at the time this policy becomes effective will continue to receive the leave
benefits approved for that absence until the period of approved leave expires.