Vanderbilt University Human Resources

VANDERBILT UNIVERSITY AND MEDICAL CENTER

HUMAN RESOURCES POLICIES AND PROCEDURES

SUBJECT: MEDICAL AND PERSONAL LEAVE OF ABSENCE

Policy # HR-012

EFFECTIVE DATE: March 1, 1999

(Revision Date July 26, 2005- changes noted in Red)

POLICY

The policy of Vanderbilt University is to provide staff members a Leave of Absence in accordance with guidelines set forth below. Any leave or combination of leaves may not exceed six months in a 12-month period unless otherwise required by law. All leaves of absence are concurrent and count towards the six-month maximum. The 12-month period is a rolling 12-month period.

PROCEDURE

DEFINITION

A Leave of Absence is defined as an excused absence due to medical, personal or administrative reasons. A leave of absence will be granted as required by law or at the discretion of management to a regular or term staff member who has an intent to return to work after a defined period of time.

For the purpose of this policy, a family member is defined to include spouse, parent or biological child, stepchild, adopted child, foster child, and child(ren) for which you have legal and/or daily responsibility, as defined under the Family and Medical Leave Act of 1993 (FMLA). Spouse and parent are also defined consistent with the FMLA.
Intermittent leave is defined as a leave allowed for medical reasons that can be taken on a reduced schedule. In these instances, the staff member may take his/her leave in hour, day or week intervals with appropriate documentation.

FMLA Leave * Refer to FMLA Policy Statement and Guideline for more specific information on FMLA leave.

Eligibility

To be eligible for FMLA leave, a staff member must have completed one year of service and also worked at least 1,250 hours in the past 12 months at Vanderbilt. These requirements must be met as of the date the leave begins, not the date of the request.
A staff member who has met the eligibility requirements for FMLA may receive up to 12 weeks of leave in a rolling 12-month period for reasons described below.
A staff member who has a spouse that also works at Vanderbilt will be allowed to take personal or family leave as a combined total of 12 weeks of leave under the FMLA in a rolling 12 month period if the leave is taken for following reasons:

birth of a child of the employee or care for a child after birth,
placement of a child with the employee for adoption or foster care or care after such,
care for the employee’s parent who has a serious health condition.

Other limitations may apply if a staff member has a spouse that also works at Vanderbilt. The supervisor should consult Employee Relations regarding specific situations.
Before denial of eligibility to any employee under FMLA, the supervisor must consult with Employee Relations.

Notification

Managers are required to provide confirmation of an FMLA request within 2 days of the staff members notification of a qualifying event. If the confirmation is oral, it must be followed up in writing within 15 days or by the next pay date, which ever is sooner.

Medical

A medical leave is available to an eligible staff member suffering from a serious health condition that renders the staff member incapable of performing one or more of the essential functions of his or her job or needs medical treatment or a reduced schedule. A staff member may also be eligible to take a medical leave to care for a spouse, child or parent who has a serious health condition. However, Vanderbilt requires medical certification when a staff member is off work more than five consecutive days for a "serious health condition" of either the staff member or a qualifying family member or for recurring absences of less than 5 consecutive days. Vanderbilt may also require periodic recertification. The medical certification form for FMLA leave is available in Employee Relations or on the HR web site and sets forth the certification requirements.

Definition of Serious Health Condition:

Any illness, injury, impairment, or physical or mental condition which involves either inpatient care in a hospital, hospice, or residential medical care facility or continuing treatment by a health care provider. For more detailed understanding, please consult Employee Relations.

If a staff member is injured while at work or develops an occupational disease which qualifies as a serious health condition under the FMLA, FMLA leave will be utilized for any time away from work. All leaves run concurrently.

Personal (Family)

A leave is available to a staff member who gives birth to a child or who needs leave due to pregnancy under both federal law (FMLA) and state law Tennessee Maternity Leave Act (TMLA). The FMLA allows up to 12 weeks of leave in a 12 month period for the birth and care of a newborn while state law allows a birth mother up to four months leave for pregnancy and childbirth. The FMLA also allows a staff member up to 12 weeks of leave if the staff member has a child placed for adoption or foster care in his/her home. This type of leave for birth or placement must be taken within the first year anniversary of the child's birth or placement.

Under the Tennessee Maternity Leave Act, a birth mother is entitled to four months maternity leave provided that:

She has completed 12 consecutive months of full-time employment with Vanderbilt.
She has given 3 months advance written notice of the anticipated date of departure and has stated her intention to return to full-time employment after completion of the leave (The 3 months advance notice is waived in the case of a medical emergency that necessitates the leave to begin earlier than anticipated).
She is not using the period of maternity leave to actively pursue other employment opportunities.
She is not working part-time or full-time for another employer during the period of maternity leave.
Her position is not so specialized that, after reasonable efforts, a temporary replacement cannot be found.

Both leaves run concurrently and may not be combined to extend the total leave available beyond the maximum time available under the more generous policy.

Non-FMLA Leave

Medical Leave

Staff members who do not meet the eligibility requirements for a leave under FMLA may request a leave of absence when they or a family member have a medical qualifying event. Such leave is granted at the discretion of the supervisor, but may not be denied without consulting Employee Relations. The staff member must submit medical certification in support of the request if more than five days of consecutive absence is anticipated. Time away from work may not exceed six weeks in their first 12 months of service at Vanderbilt. After 12 months of service, the maximum of six months combined leave applies.
However, a staff member who has exhausted leave available under the FMLA and who nonetheless continues to suffer from a serious health condition may request an extended medical leave, subject to the maximum leave time.
Only in cases of Medical Leave can the leave be taken on an intermittent or a reduced schedule, where the need to do so is appropriately documented. In this instance, the staff member may take his/her leave in hour, day or week intervals.
A staff member who has a medical leave that may extend six months or longer may be eligible to apply for Long Term Disability (LTD) benefits. Staff members who anticipate being on medical leave should contact the Benefits Office in the Human Resources department as soon as possible for more information if the staff member believes that he/she is eligible for LTD.
If a staff member is injured while at work or develops an occupational disease he/she may be eligible to receive medical leave for time away from work. All leaves run concurrently. Appropriate documentation must be submitted. For more detailed understanding, please consult Employee Relations.

Personal Leave

An eligible staff member who has completed at least 12 months of service and who is in good standing (has not been involved in PIC within the last 6 months) may request personal time off for reasons such as educational opportunities, travel or to care for a family member or to spend time with a new baby or child placed in the home within the first 12 months in situations not covered by the FMLA. Such leave approval is at the discretion of the staff members department. A supervisor who is considering denying a leave should consult Employee Relations. However, personal leaves are not granted for engaging in employment outside of Vanderbilt or pursuing an independent business venture. Leave time under this provision cannot exceed the six-month maximum time available under any combination of leaves granted in a rolling 12-month period.

Requesting a Leave of Absence

A staff member who plans to take a leave must discuss the leave with his/her supervisor at least 30 days prior to beginning the leave or as soon as practical. If the need for a leave is not foreseeable the supervisor should consult Employee Relations before denying leave. To be eligible for TMLA requires a staff member to give 3 months advance notice for leave under this statute unless there is a medical emergency.
Time off under the FMLA may be taken as a continuous leave period, or for medical reasons, the leave may be taken on an intermittent basis or as a reduced work schedule, as long as the need to do so is appropriately documented. Each type of usage is counted towards the 12 week maximum available leave and is triggered at the beginning of the FMLA leave time.

Pay Status While on Leave of Absence

If a Leave of Absence is granted, the staff member must utilize all accrued paid time available to him/her based on the type of leave prior to taking any portion of the time away as unpaid leave. In cases of medical leave, all sick time, personal time and vacation time must be utilized. In case of personal leave, all personal time and vacation time must be utilized. Refer to Flow Charts for order of usage.
All accruals cease when a staff member moves to an unpaid status. Accruals restart subsequent to the staff member’s return to paid status.
If the staff member wants to continue receiving full salary and benefits while on leave after a Worker’s Compensation injury or illness, he or she may supplement any Workers’ Compensation benefit that is available to them up to their full weekly wages.

Holding a Position While on Leave

FMLA Leave

An eligible staff member may have his/her position or a comparable position held for a maximum of 12 weeks within a 12 month rolling period while on FMLA leave.
The staff member who takes a leave under the FMLA retains benefits provided he/she returns to work at the end of the FMLA leave period. See VII.A.1&2.

Non-FMLA

If a Leave of Absence is granted, the staff member must utilize all accrued paid time available to him/her based on the type of leave prior to taking any portion of the time away as unpaid leave. In cases of medical leave, all sick time, personal time and vacation time must be utilized. In case of personal leave, all personal time and vacation time must be utilized. Refer to Flow Charts for order of usage.
A staff member who has not met the eligibility requirements for a leave under the FMLA and who has been approved for up to six weeks of leave for a medical reason, will be reinstated into an comparable position upon his/her return from leave.
A staff member who has completed at least 1 year of service and have worked at least 1250 hours within the year in which they request a leave may request up to six months of leave for personal reasons. However, such leave cannot be in pursuit of employment outside of Vanderbilt, and there is no guarantee that a position will be available at the end of the leave.

Health Care Coverage During Leave

FMLA

Any staff member who is on an approved leave under the FMLA or any other approved leave will continue to receive benefits coverage under Vanderbilt's group health and dental care plans at the level and under the conditions that such coverage would have been provided if the staff member had continued working. Staff members who are on a paid leave will have the staff member's portion of the premiums paid through payroll deduction as long as the staff member has accrued time available to keep the staff member on a paid status. If the staff member is on an unpaid leave, the staff member will need to submit premium payments to the Payroll Office, VU Station B 357718, Nashville, TN 37235 for Vanderbilt to cover his/her portion of the premium in the same amount as if the staff member was working.
If a staff member fails to return to work at the end of his/her leave period; then the staff member must repay Vanderbilt for the employers portion of the health coverage premiums paid while the staff member was on unpaid FMLA leave. The only circumstances that would not call for repayment of health care premiums would be one of the following: 1) continuing health condition, 2) continuing health condition of an eligible family member, 3) other circumstances beyond the employee's control.

Non-FMLA

Any staff member who is on an approved leave may continue to receive benefits coverage under Vanderbilt's group health care plan. Staff members who are on a paid leave will have the premiums paid through payroll deduction as long as the staff member has accrued time available to keep the staff member on a paid status. If the staff member is on an unpaid leave, the staff member will need to submit monthly premium payments to the Payroll Office for Vanderbilt to cover his/her portion of the premium in the same amount as if the staff member was working. If neither of these apply, staff members have the option to apply for COBRA benefits through the Benefits Office of Human Resources.

Workers’ Compensation

If a staff members medical absence is due to a compensable work-related injury or occupational disease, he/she will be eligible to receive workers' compensation (work-comp) benefits that will cover part of their income. The staff member may also use accumulated sick, personal, and vacation time to supplement work-comp benefits so that he/she can maintain their full weekly wages as long as possible during their medical leave.

Return from Leave of Absence

Staff members are expected to be available for work by the end of their approved leave time.
Any staff member on a Leave of Absence for their personal medical condition must obtain certification from his/her health care provider prior to returning to work. The certification must address when the staff member can return to work and perform his/her regular duties or set forth the restrictions that prevent the staff member from resuming his/her regular duties.
If the staff member is released to return to work with restrictions, the department in consultation with Employee Relations and the Opportunity Development Center will consider whether an accommodation is appropriate. Medical restrictions are those that prevent him/her from performing his/her regular duties at the end of the approved leave due to a continuing medical condition.
If the staff member does not return to work and the staff member is not granted any additional leave, employment ends as a resignation effective the last day of the approved leave.

Note: In both FMLA and non-FMLA instances, when a position is not held and the staff member refuses to accept another position which is offered or refuses to interview for such, Vanderbilt will consider this a voluntary resignation.

Administrative Leave

An administrative leave is a general leave status, paid or unpaid, used for a variety of reasons at the discretion of management or as required by law. Such leaves include Jury duty, military leave, Bereavement, Temporary Layoff and are discussed in the Administrative Leave Policy.

Approved by Darlene Lewis, Associate Vice Chancellor, Human Resources
Approved William A. Jenkins, Vice Chancellor, Administration
Approved by Harry Jacobson, M.D. Vice Chancellor, Health Affairs