The
UNC Policy Manual
300.2.11[G]
Adopted 05/22/03
At
its meeting on April 11, 2003, the Board of Governors adopted a “Policy on
Serious Illness and Disability Leave for Faculty.” The Board’s policy mandates that each
constituent institution develop a written policy to provide a period of leave
for faculty in cases of extraordinary illness, major disability, or for
parental purposes. This policy applies
to faculty who do not accrue sick leave and are eligible to participate in the
N. C. Teachers’ and State Employees’ Retirement System or the UNC Optional Retirement Program [i.e., continuing faculty who are employed at
least 75% of full-time]. Campuses must
make their policies available as information to current and prospective faculty
members.
Guidelines
for assisting campuses in formulating their policies are drawn from the
recommendations of the Task Force on Serious Illness and Disability Leave for
Faculty, which submitted its final report to the President in March 2003. The following guidelines state which features
should be included in campus policies and, in some cases, the minimum benefits
and eligibility that should be extended.
They also include additional benefits or standards of eligibility which
campuses may consider, as well as appropriate sample text drawn from existing
campus policies. Those campuses that already have such policies may need to
modify them to comply with the minimum benefits and eligibility. However, these campuses do not need to revise
any features of their policies that exceed the guidelines below.
1. Campus policies should be approved
by the appropriate campus bodies and should be effective no later than fall semester,
2004.
2. The policy must state that faculty
members eligible for leave are those who do not accrue sick leave and are
eligible to participate in the N.C. Teachers’ and State Employees’ Retirement
System or the UNC Optional Retirement
Program [ i.e., continuing faculty who
are employed at least 75% of full-time].
Eligibility may be limited to those faculty eligible under the
provisions of the Family and Medical Leave Act (FMLA) [i.e., who have been
employed at least one year and have worked at least 1,040 hours within the last
12 months].
3. The policy should provide for a
period of paid leave for qualifying faculty members.
4. The policy should define the
duration of leave, to include a minimum of 60 calendar days of paid leave
within a single academic semester, up to a maximum of one academic
semester. Campus policies may provide
for an extension of up to an additional semester (paid or unpaid) if the illness or disability requires a longer
leave.
(Note:
Employees are eligible for short-term disability benefits under the N.C.
Disability Income Plan if they have at least one year of contributing
membership service in the N.C. Teachers' and State Employees' Retirement System
or the UNC Optional Retirement Program earned within the 36 calendar months
preceding the disability. Benefits
become payable following a 60-day waiting period from the date of disability
onset. In lieu of short-term disability
benefits, employees may elect to exhaust any accumulated sick leave, vacation
leave, or any other salary continuation as provided by the University. In addition to their eligibility for the N.
C. Disability Income Plan, faculty should consider enrolling in one of the
supplemental disability income plans available to UNC employees.)
5. The policy should define eligible
conditions to which the policy applies.
These conditions should be consistent with qualifying conditions under
FMLA:
·
the birth of a child and to care for the newborn child after
birth;
(Note: An expectant mother may take FMLA leave
before the birth of the child for prenatal care or if her condition makes her
unable to work or requires a reduced work schedule.)
·
placement of or to care for a child placed with the employee for
adoption or foster care;
(Note: FMLA leave may be granted before the actual
placement or adoption of a child if an absence from work is required for the
placement for adoption or foster care to proceed.)
·
serious health condition of employee’s child, spouse, or parent,
that requires the employee’s care;
(Note:
Campuses may elect to extend this leave to include illnesses of other household
members.)
·
serious health condition of the employee that prevents the
employee from performing the essential functions of his or her job.
6. The policy should be explicitly
linked to the provisions of the Family and Medical Leave Act and the N. C.
Family Illness Act as stated in federal and state statutes and campus policies
and address coordination with other benefits.
Sample
text:
Paid
Leave provided for under this policy has no effect on the faculty member’s
other employment benefits.
All
periods of paid leave under this policy will be construed as family and medical
leave under the FMLA. The FMLA
entitlement of 12 weeks of leave without pay will run concurrently with any
period of paid time off.
The
North Carolina Family Illness Act allows for 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.
7. The policy should include a
description of the procedures for application and approval for leave.
Sample
text:
Faculty
members should request leave in writing to the department chair [or department
or division head or dean, as appropriate].
Requests for leave should be submitted at least 60 days in advance of
the leave or as soon as practicable after the need for leave is foreseeable.
The
department chair will make a recommendation to the dean [or vice chancellor for
academic affairs/provost, as appropriate] concerning whether or not to grant
the request for leave.
The
dean [or vice chancellor for academic affairs/provost, as appropriate] is
responsible for deciding whether or not to approve the request for leave and
provides written notification to the department chair and the faculty member.
If leave is denied, the written notification should include the grounds for
denial.
The
policy should define an expedited appeals process if the request for leave is
denied.
8. The policy should define the medical
certification or other documentation that
must
accompany requests for leave, consistent with FMLA.
Sample
text:
The
University may request medical verification of the faculty member’s illness or
disability, including a physician’s statement about the probable length of
absence from normal duties. If the request is for the purpose of caring for a
family member or dependent, the University may also request medical
verification of that person’s illness or disability and may also inquire about
the circumstances which make it impossible or difficult for the faculty member
to carry on with normal duties.
9. The policy should define who is
responsible for ensuring coverage of the faculty member’s duties and how any
costs will be covered. The faculty
member should not be responsible for arranging for such coverage. Campuses should be mindful of the burdens
that are sometimes placed on departmental faculty members when a colleague
takes an extended leave. Whenever
possible, campuses should arrange to hire replacement instructors to take on
the responsibilities of a faculty member on leave for an extended period.
Sample
text:
The
department chair 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
department are at the discretion of the department chair with the approval of
the dean and are subject to departmental and institutional needs and resources.
The
cost of substitute personnel is the department’s responsibility. In
recommending approval of a leave to the provost, the department chair or dean
will certify that he or she is prepared to develop a plan to cover the
responsibilities of the faculty member for the duration of the leave.
10.
The policy should state that unused leave under this policy shall not
be
·
accumulated or carried over to another academic year,
·
allowable as terminal leave payment when the faculty member leaves
the University, or
·
used to extend years of creditable state service for retirement
benefit purposes
Employees with a balance of accrued leave from a previous 12-month
appointment should be asked to exhaust that leave before receiving sick leave
under this policy.
11.
The policy should state who is
responsible for maintaining leave records (important for documentation under
FMLA).
12.
The policy should state links to
“tenure clock” policies, to faculty evaluation processes such as post-tenure
review, and to discrimination and confidentiality policies.
Sample
text:
At
the time a request for leave is granted, the faculty member, department chair,
dean, and provost will agree in writing whether time spent on leave will count
as probationary service. In the absence
of an agreement or if the parties fail to reach agreement, time spent on leave
shall count as probationary service.
A
faculty member granted leave under this policy may have his or her five-year
post-tenure review delayed by a period agreed upon by the faculty member,
department chair, and dean.
Faculty
will not be penalized in their condition of employment because they require
time away from work caused by or contributed to by conditions such as
pregnancy, miscarriage, childbirth, or recovery. Requests for leave because of these
conditions shall be treated the same as a temporary disability.