Resident and Fellow Policy Manual

Appendix 1 - Family Medical Leave:

Family Medical Leave Act:

FMLA is a Federally mandated program which requires the employer to provide up to 12 weeks of unpaid leave to an employee for a serious health condition, birth, adoption or placement of a child, or to care for a spouse, child or parent who has a serious health condition (medical certification required). A resident or fellow’s disability leave for a serious health condition (including disability due to pregnancy and childbirth) may be covered under the University’s Sick Leave Plan and will count toward the 12 week annual entitlement (medical certification required).  The University does not have a “Paternity” policy, but the FMLA does provide protection for the absence of both parents of a newborn child.  This type of leave must be requested and approved by the program director using the University of Rochester Request for Leave of Absence and Extension of Leave form found at http://www.rochester.edu/working/hr/leave.  The application for FMLA should be forwarded to the Leave Administration Office for final review after approved by the program director.  More detail on FMLA can be found in Appendix I, GME Policies and Procedures.  At least 1 year of service and a minimum of 1,250 hours (including on-call time, excluding vacation, holiday, and sick time) must have worked during the preceding year (12-month period) before a resident/fellow is eligible for this leave. 

Paternity Leave:

Paternity leave is provided under the Family Medical Leave Act (see the Leave of Absence Policy in Appendix I) and allows for up to 12 weeks unpaid leave for the birth or adoption of a child.  In order to qualify the resident/fellow must have at least 1 year of service and a minimum of 1,250 hours must have worked during the preceding year (12-month period).  Time on leave must be made up at the end of residency.

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University of Rochester Request for Leave of Absence and Extension of Leave form can be found at http://www.rochester.edu/working/hr/leave.  You can also ctrl/click on the link above. The Health Care Provider's Certification will need to be completed for all FMLA leaves except extensions of maternity leaves.

AFTER SIGNATURES, SEND THIS FORM TO THE GME OFFICE.  (No 610 form is necessary.)

A. Reasons for a Leave of Absence

The Leave must be for the birth, adoption or placement of a child, to care for a spouse, child or parent who has a serious health condition, or the employee's own serious health condition (the application is not necessary for an approved short-term disability or workers' compensation leave). See also University Policy 357.

B. Length of Leave

Maximum length of leave under the Family Medical Leave Act is 12 weeks in a 12 month period. Leaves that are not running concurrently with short-term disability or workers' compensation are unpaid.

C. Eligibility

• 1250 hours worked at the University in the previous 12 months PLUS one year of University service.
• The resident must provide 30 days advance notice when the leave is foreseeable.
• Medical certification may be required upon a resident's return to work if the leave is because of the resident's medical condition.

Any length of disability is included in the 12 weeks of FMLA.  For example, if a woman is approved for 6 weeks maternity disability, she can apply for FMLA to extend her leave an additional 6 weeks to a total of 12 weeks.  A leave granted under FMLA may be extended up to a maximum of 12 weeks or may be extended and converted to a short-term leave (30 working days) or University Leave of Absence up to 12 months, for eligible residents.

D. Benefits during a paid portion of FMLA will continue, subject to any payroll deductions.

E. Benefits during unpaid portion of leave

1. University Health Care and Dental Plans will be continued.  Resident and fellow contributions for either the Health Care or Dental Plans premium will continue to be the responsibility of the resident or fellow while on Leave of Absence.

2. University paid Basic Life Insurance will be continued.  Optional Life Insurance will also be continued unless the house officer signs a form canceling this portion of the coverage.  Individuals who do not cancel Optional Life Insurance during a leave will be billed for their normal share of the premium.

3. Tuition benefits for the resident are suspended unless he/she has a tuition waiver or reimbursement for a course in progress approved before the effective data of the leave.

 

F. Return from Leave

A resident on leave is assured of their position at the conclusion of the leave.  The resident must keep the program apprised of his/her plans periodically, and in a timely fashion so as not to interfere with the scheduling of rotation assignments.  When a date of return is known, the resident must notify the Program Director to confirm arrangements for return to active status.  Required length of notice may vary widely by program and it is the responsibility of the resident to provide notice in accordance with individual program requirements.  A minimum notice of one month is desirable and is requested if feasible.  A resident’s failure to return from a leave will result in termination of employment.  CALL THE GME OFFICE IF THE EXPECTED DATE OF RETURN IS DIFFERENT FROM THE DATE ENTERED ON THE FORM SUBMITTED.

G. It is up to the individual programs to determine if any portion of an extended leave of absence must be made up, either in accordance with the Special Requirements of that discipline or at the program director's discretion.  Should the resident be required to make up all or part of a leave, he/she will continue to be paid by the program at the salary level commensurate with the appointment and job description.

Procedures

A. The resident will present to the Program Director in writing a formal request for a leave of absence no less than thirty (30) days prior to the beginning date of the leave.  In the case of an emergency, this time period may be waived.

B. The Program Director, acting for the Department/training program, will decide and notify the resident in writing as to whether or not the request has been approved.

C. The Program Director and resident will work out any coverage issues while the resident is on leave.

D. The resident or fellow and his/her program director will complete the form at http://www.rochester.edu/working/hr/leave.  Send to the GME Office.  Jean Boedecker will send a copy of the form to the Leave Administration Office, who will notify the resident/fellow and the department of the approved dates of the leave.  No 610 form is needed.

E. The GME Office will then notify the PERC salaried assistants, Jim Bowman and Pat Picard regarding the FMLA so that pay will be stopped for the FMLA period.

F. Residents and fellows are not required to exhaust their vacation allocation prior to taking a Family Medical Leave or a University leave.

G. Upon return to work from FMLA, go to the Leave Administration web page, www.rochester.edu/working/hr/leave and submit a “Return to Work from Leave of Absence” report.  The GME Office will notify Jim Bowman and Pat Picard to start pay.  No 610 form is needed.

5/98; rev. 2/00, 3/06, 3/07