ECU
Faculty Manual
Part VI. Section VII.C.
https://author.ecu.edu/cs-acad/fsonline/customcf/facultymanual/part6/part6.htm
Current Serious Illness and
Disability Leave for Faculty Policy (as of January 2010)
The
purpose of this policy is to provide permanent faculty who do not currently
earn sick leave with paid leave for cases of a serious health condition,
maternity leave, or parental leave as defined under the Family and Medical
Leave Act (FMLA). The purpose of this
policy is also to coordinate leaves granted under federal and state acts such
as the FMLA [29 U.S.C. § 2601, et seq.], the North Carolina Family Illness Act
(NCFIA) [SB1115, Section 28.3B], and the UNC Policy on Serious Illness and
Disability Leave for Faculty [UNC Policy 300.2.11(G)]. All three policies cover the same serious
health conditions, maternity leave or parental leave. This policy supplements the FMLA and NCFIA to
provide for a period of paid leave rather than such leave being unpaid.
This
policy does not apply to brief absences of 14 calendar days or less that are
usually accommodated informally. This policy is intended to apply to short-term
and intermediate-term disability of up to one year. Exceptional cases may be
considered by the University.
All
eligible
Granting
or denial of a request for a leave under this policy shall be made without
regard to the faculty member's race, color, national origin, religion, gender,
age, sexual orientation, political affiliation, disability, or personal malice.
I. Definitions
For
purposes of this policy a brief absence is defined as fourteen (14) calendar
days or less.
The
following definitions are applicable to the Family and Medical Leave Act
(FMLA), the North Carolina Family Illness Act (NCFIA) and ECU's Policy on
Serious Illness and Disability Leave for faculty:
A serious health condition is defined as (a) an illness, injury,
impairment, or physical or mental condition that involves either inpatient care
in a hospital, hospice, or residential medical care facility, or that involves
continuing treatment by a health care provider; (b) any period of incapacity
requiring an absence from work of more than fourteen calendar days that also
involves continuing treatment by a health care provider; or (c) continuing
treatment by a health care provider for conditions so serious that, if not
treated, would likely result in an absence of more than ten workdays. Prenatal
care is also included. The period of
actual physical disability associated with childbirth is considered a serious
health condition and must be taken as family/medical leave, whether as paid or
unpaid leave.
Immediate
Family - spouse, parents, children (including step relationships), or other
legal dependents who require the faculty member's care.
Parent -
a biological or adoptive parent or an individual who stood in loco parentis
(a person who is in the position or place of a parent) to an employee when the
employee was a child.
Child - a
son or daughter who is under 18 years of age or is 18 years of age or older and
incapable of self-care because of a mental or physical disability. Child would
include: (a) biological, (b) adopted, (c) foster, (d) step-child, (e) legal
ward, and (f) child of an employee standing in loco parentis as defined
above.
Immediate Supervisor - Normally, the immediate supervisor is the
individual who is the head of the code unit. However, in code units that
describe department structures, the immediate supervisor is the department
head/chair.
FMLA
provides for a period of up to 12 weeks of unpaid leave for a serious health
condition, maternity leave, or parental leave.
NCFIA provides for up to 52 weeks of unpaid leave in a five-year period
in cases of serious illness of a child, spouse, or parent.
Applicable
vice chancellor - The applicable vice chancellor is the Provost/Vice Chancellor
for Academic Affairs or the Vice Chancellor for Health Sciences, whoever is
appropriate for the particular faculty member.
Start Date - The period of paid leave
under this policy begins with the first day of the absence from University
contractual duties resulting from such illness or disability. If
a leave begins as a brief illness, then results in a more serious condition
that warrants use of the Serious Illness Leave policy, the period of paid leave
under this policy will revert back to the first day of absence.
II. Eligibility
This
policy applies to persons holding regular full-time faculty appointments who
are eligible for participation in either the North Carolina Teachers and State
Employees Retirement System or the Optional Retirement Program, and who are not
eligible to earn sick leave under any other state or institutional leave
policy. If a faculty member has been in a previous leave-earning position and
has an accumulated sick leave balance, the faculty member must exhaust any
previous sick leave balance prior to requesting coverage under this policy.
Part-time permanent faculty holding appointments of at least 75% are also
covered under this policy.
III. Benefit
(A) In all cases, leave granted under this policy
shall be in increments that are appropriate to the facts and circumstances
surrounding the illness or disability, the academic calendar, the needs of the
unit, and the responsibilities of the faculty member. Leave taken under this
Serious Illness policy shall run concurrently with FMLA leave and/or with the
statutory provisions of the North Carolina Family Illness Act. Any leave under this policy will count as
part of the 52 week allowable total under the NCFIA and/or as part of the 12
week allowable total under the FMLA.
(B) A faculty member who has a medically
verifiable illness or disability, with proper medical documentation, as defined
under FMLA, or whose immediate family member has a medically documented,
verifiable illness, may elect to request a paid leave of absence for up to 15
calendar weeks in accordance with Section V.
Such a request must be reviewed by the immediate supervisor and the dean
with notification of the action taken submitted to the appropriate vice
chancellor and the Office of Human Resources.
(C) If the illness or disability requires an
absence from faculty duties in excess of the 15 calendar weeks, the faculty
member may elect to petition for an extension of paid leave (see (E) below) or
for a leave of absence without pay under procedures described in the
(D) The faculty member should consult with the
Office of Human Resources regarding existing benefits through the Disability
Income Plan or through other disability programs that may be offered to
University employees on an optional basis.
(E) A faculty member who provides the appropriate
additional medical documentation and whose illness or disability, or that of
the family member, extends beyond the 15 weeks provided for under this Policy,
may elect to submit a written request to the immediate supervisor for an
extension of leave with pay up to a maximum of one year (determined by counting
forward 12 months from the date the leave begins) at the discretion of the
University. More than one serious illness or disability leave may be granted in
a 12-month period, but the total maximum allowable paid leave for all such serious
illnesses may not exceed one year in length.
Such requests must be reviewed by the appropriate dean, vice chancellor,
and the Associate Vice Chancellor for Human Resources. Additional leave with
pay in excess of the limits may be granted in exceptional cases at the
discretion of the university.
(F) Additional leave requires leave of absence
without pay.
(G) The immediate supervisor may require such
medical documentation or certifications, second or third medical opinions (at
the university's expense) or other documentation of the need for leave,
probable length of absence from normal duties, ability to return to work, or
intent to return to work as it may deem necessary.
(H) When the request is to care for a member of
the faculty member's immediate family, the University will also require
satisfactory evidence that the faculty member will exercise primary
responsibility for the care of those who would qualify the faculty member for
leave under this policy.
(I) Leave offered under this policy is not
allowable as terminal leave payment when the faculty member leaves the
employment of the University. Unused leave shall not accumulate nor be carried
forward from one academic year or calendar year to the next. It may not be used to extend years of creditable
state service for retirement benefits. However, it may be exhausted prior to
participation in the Disability Income Plan of North Carolina that is provided
to eligible state employees.
(J) It is the intent of this Policy that faculty
members receive the benefits defined herein during the period(s) in which they
have a contractual commitment to the University.
IV. Use
of Leave
The
period of leave provided under this policy may be used for medically verifiable
sickness or injury as defined under the FMLA.
Use of such leave includes the birth of a child and to care for the
newborn child after birth or for temporary disability connected with
childbearing and recovery, which prevents the faculty member from performing
usual duties. Leave also may be used for the placement of or to care for a
child placed with the employee for adoption or foster care, and/or for a
serious health condition of the employee that prevents the employee from
performing the essential functions of his/her job. In accordance with ECU's policy on leave
granted under the Family and Medical Leave Act, a faculty member may seek leave
needed as a consequence of a medically verifiable illness/disability of a
member of the immediate family, as defined in
A faculty
member who anticipates the need for a temporary leave shall notify his or her
immediate supervisor in writing as soon as possible.
If the
faculty member's request is for the purpose of caring for an immediate family
member, the immediate supervisor may request medical verification of the
illness or disability of that person and may also inquire about the
circumstances which make it impossible or difficult for the faculty member to
carry on with normal duties.
When the
request is for the care of the faculty member’s family member or dependent, the
immediate supervisor may base the recommendation on other factors, including
the needs of the unit, timing within the academic year, effect on students,
ability of the unit to compensate for the absence, etc.
Female
faculty shall not be penalized because they require time away from work caused
by or contributed to by pregnancy, miscarriage, abortion, childbirth or
recovery. Disabilities resulting from pregnancy shall be treated the same as
any other temporary disability. The type and nature of the faculty member’s
duties during pregnancy shall be determined by the faculty member's immediate
supervisor in consultation with the faculty member and upon advice she receives
from her physician.
V. Administration
of Benefit
It is the
responsibility of the faculty member to request the use of leave provided by
this policy as soon as possible upon learning of the need for the leave. This
request will be made to the faculty member's immediate supervisor. The request for leave shall include an
estimate of the amount of time the faculty member is expected to be on
leave. The faculty member will notify
his or her immediate supervisor if the estimate materially changes.
Such
requests must be in writing, but there may be instances where the employee is
unable to make the request by completing the necessary forms at the Office of
Human Resources web site or via a letter.
All conditions covered by this serious illness and disability leave policy
cannot be anticipated. The policy provided
herein is expected to be appropriate in most situations. However, in unusual cases, the faculty member
or other responsible party may be unable to provide the necessary notification. In those rare instances where the employee or
a member of the employee's family is unable to make the necessary request, it
is the responsibility of the immediate supervisor to consult with a Human
Resources benefits counselor for direction.
The
immediate supervisor will review the request and forward the documentation to
the dean. The dean is responsible for reviewing the documentation and
consulting with the Office of Human Resources. The dean will provide written
notification of the decision to the immediate supervisor, who will then advise
the faculty member. The dean will provide a copy of the notice to the
appropriate vice chancellor and to the Office of Human Resources. If leave is
denied, the written notification will include the grounds for denial.
In the
case of a request for leave beyond the initial 15 week period, the request must
also be reviewed by the appropriate vice chancellor and the Associate Vice
Chancellor for Human Resources. The
person responsible for notifying the faculty member is the Associate Vice Chancellor
for Human Resources. If leave is denied,
the written notification will include the grounds for denial.
The
immediate supervisor is responsible for securing, to the extent possible,
substitute personnel for the duration of the faculty member’s leave. Any adjustments in work schedules within the
unit are at the discretion of the immediate supervisor with the approval of the
dean and are subject to departmental and institutional needs and
resources. In recommending approval of a
leave, the immediate supervisor will develop a written plan to cover the
responsibilities of the faculty member for the duration of the leave. Funding of substitute personnel is the
responsibility of the appropriate vice chancellor.
Nothing
in this policy shall prohibit other faculty members from “covering” for the
faculty member on leave but only so long as the faculty member on leave
complies with this leave policy.
VI. Appeals
A
decision not to grant a request for leave under this policy may be appealed to
the appropriate vice chancellor. The
vice chancellor's decision may be appealed to the
chancellor. Appeals of a negative
decision must be made by the faculty member to the next higher level within ten
(10) business days of receipt of the negative decision. The vice chancellor and
chancellor must respond to an appeal within ten (10) business days of receipt
of the appeal.
VII. Confidentiality
Communications
concerning leave requested or granted under this policy are subject to the same
confidentiality requirements as other personnel records in accordance with
VIII. Record-Keeping
Because
this policy provides an important financial benefit, accurate records on all
requests for leave, whether or not the request is granted, must be
maintained. The immediate supervisor
shall be responsible for forwarding all records pertaining to the use of this
policy to the Office of Human Resources.
The Office of Human Resources will maintain the official records
concerning requests for leave under this Policy, and may, from time to time, be
required to make general reports on its use to other University administrators
and to the
IX. Coordination
with Other Policies
ECU's
A
permanently tenured faculty member granted leave under this policy may have his
or her five-year cumulative review delayed by a period agreed upon by the
faculty member, the faculty member's immediate supervisor, the dean, and the
appropriate vice chancellor.
The terms
of this policy pertain only to a leave for a specified period because of
illness or disability. This policy has no effect on provisions for other types
of leave as described in the
The leave
provided for under this policy shall have no effect on the faculty member’s other
employment benefits.
X. Effective Date
This policy shall become effective immediately upon approval by the
Board of Trustees of
(Approved: May 6, 2005,