THE UNIVERSITY OF
NORTH CAROLINA AT ASHEVILLE
FACULTY SENATE
Senate Document Number 0511F
Date of Senate Approval 11/03/11
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Statement
of Faculty Senate Action:
FWDC
1: Clarification
to Family and Medical Leave
(Revision
of SD4900S; Faculty Handbook 4.2.1.2)
Effective
date: Fall
2011
Summary: This document makes several
clarifications to the Family and Medical Leave policy:
a) Defines full-time status for faculty members to
be 12 contact hours per semester of teaching and formal reassigned time,
whether administrative or discretionary.
b) Limits brief absences from faculty duties which
are accommodated by other members of the faculty to four weeks; absences longer
than four weeks require Family and Medical Leave.
c) Specifies that Family and Medical Leave is limited to twelve weeks or the end of the semester in
which it is granted. This enables twelve
weeks of leave to be spread over two semesters if necessary.
d) Revises qualifying conditions for Family and
Medical Leave to exclude bereavement and to include complications from family
members serving in the military and care for family members injured while in
military service; the latter allows for up to 26 weeks of leave.
e) Specifies that only the Provost will request
medical verification before authorizing Family and Medical Leave.
Rationale:
a) In recent years, questions of interpretation have arisen about when a
member of the faculty must apply for Family and Medical Leave in order to
preserve their benefits, including health insurance and retirement
contributions, while working less than full-time. In the absence of formal leave, it is
necessary that state employees work at least three-quarter time in order to be
eligible for benefits such as health insurance and retirement
contributions. We need to define what
this means for faculty members so that they know when it is necessary to apply
for Family and Medical Leave in order to not endanger their benefits.
b) In the opening paragraph of 4.2.1.2, “brief absences” is
undefined. Four weeks is a reasonable limit;
after this period, if absence continues to be warranted, formal Family and
Medical Leave would need to be invoked.
These absences should also be reported to the appropriate Program Area
Dean for informational purposes.
c) Our current policy grants up to one full semester, but doesn’t account
for leaves that may be needed over two semesters. This clarification limits the total over two
semesters to twelve weeks.
d) Bereavement is not itself a qualifying condition under FMLA unless it
leads to medically verifiable illness or disability, and should not be included
in the list of conditions. It was not
included in SD2495S which created Family and Medical Leave at UNC Asheville,
but was added in 2000 without explanation.
The 2010 National Defense Authorization Act specified that Family and
Medical Leave was required for “any qualifying exigency” arising out of a
family member’s service in the military, including child care, legal and
financial arrangements, counseling, and other exigencies. In addition, it extended Family and Medical
Leave for care for an injured family member serving in the military to 26
weeks. This revision incorporates these
changes.
e) It is stated in the policy that medical information is confidential
and will be stored in Academic Affairs; in order to ensure confidentiality,
only the Provost should receive medically sensitive information in support of
the request for leave.
Revisions to
Faculty Handbook 4.2.1.2
4.2.1.2 Family and Medical Leave (SD2495S) amended by SD4900S
Members of
the UNC Asheville faculty entitled to benefits may apply under this policy for
up to a semester off with full pay. While brief absences from faculty duties,
including teaching, can usually be accommodated informally [for up to four weeks], those that involve
prolonged illness and/or disability can result in significant burdens to
colleagues, especially in small departments. Furthermore, the faculty
person who must call upon that assistance may face uncertainties and
discomforts concerning the employment situation at a time of great personal
stress. [Finally, state employees who work at
less than three-quarter time without leave are not eligible to receive benefits
such as health insurance and contributions toward retirement.] This
policy is designed to overcome these difficulties in a manner consistent with
The Family Leave and Medical Act [Family and
Medical Leave Act of 1993], The Code of The University of North Carolina
and The Regulations on Academic Freedom, Tenure and Due Process of The
University of North Carolina at Asheville. This leave is not allowable as
terminal leave payment when the faculty member leaves the employment of the
University. 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, provided to state employees.
I. Coverage
This policy applies to persons holding at least three-quarter time regular
faculty appointments (professor, associate/assistant professor, lecturer,
instructor) who are also eligible for participation in either the Teachers' and
State Employees' Retirement System for North Carolina State Retirement
Program or the Optional Retirement Program. It does not apply to faculty
members with twelve-month appointments annually; these persons are covered
under a separate leave policy of the Board of Governors. It does not apply
to persons with adjunct faculty appointments.
[A
full-time faculty appointment is for twelve contact hours per semester of
combined instruction and formal reassigned time, whether administrative or
discretionary. Faculty members may not work at less than three-quarter
time, after accounting for reassigned time, for longer than four weeks
without leave, because this makes faculty members ineligible for all
benefits, including Family and Medical Leave. The Program Area Dean
should be notified of any informal accommodation of faculty members working at
less than full-time for longer than one week.]
II. Benefit
A faculty
member for whom any of the following conditions apply may request up to one
semester off with full pay:
* medically verifiable extended illness or serious disability
* pregnancy
* bereavement
* primary care-giving responsibilities for an infant or seriously ill child,
spouse/domestic partner, parent or other dependent
* other medical or family situations which may require absence from work
The leave
period begins with the first day of the absence. More than one disability leave
may be granted in an academic year. Approved, but not used, leave shall not
accumulate nor be carried forward from academic year to academic year. This
policy does not preclude requesting leaves for non-medical or serious
disability reasons.
III. Use
of Leave
The period of leave provided under this policy may be used for medically
verifiable sickness or injury which prevents the faculty member from performing
usual duties, including temporary disability connected with childbearing and
recovery. A faculty member anticipating the need for temporary disability leave
relating to maternity should notify the department chair/program director in
writing as soon as possible.
Female
faculty shall not be penalized in their condition of employment 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 department chair/program director in consultation with the faculty
member and upon advice she has received from her physician.
A faculty
member may seek leave needed as a consequence of a medically verifiable
illness/disability of a member of the immediate family (defined as spouse,
domestic partner, parents, children --including step relationships or other
legal dependents).
[II. Benefit and Use of
Leave
A) A faculty member who has
been at least three-quarter time for at least one year may request leave with
full pay and benefits for up to one
semester, or twelve weeks over two consecutive semesters, exclusive of academic
breaks, for any of the following conditions:
* medically verifiable extended
illness or serious disability;
* birth and care of a newborn;
* placement with the employee of a child for
adoption or foster care and care of that child within one year of placement;
* care-giving responsibilities
for a seriously ill child, spouse/domestic partner, parent or other dependent;
* any qualifying exigency
arising out of the fact that a spouse, son, daughter, or parent is a covered
military member on active duty (or has been notified of an impending call to
active duty);
In
none of the above cases can family and medical leave be granted for longer than
one full semester, nor can a second leave of twelve weeks be granted until the
faculty member has returned to full-time status for one year. More than one
family and medical leave may be granted in an academic year, but total leave in
that year for any of the above reasons may not exceed twelve weeks except in
the case where a full semester’s leave is granted.
B)
A faculty member who is the spouse, son, daughter, or next of kin of a covered
service member may request leave with full pay and benefits for up to 26 weeks
within any 12-month period to care for that person if he or she has a serious
injury or illness incurred in the line of duty, including medical treatment,
recuperation, or therapy; or otherwise in outpatient status or on the temporary
disability retired list.]
IV [III]. 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 normally be made in a letter to the department head
[chair/program director].
The
department head 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 faculty member's family member, domestic partner or dependent, the
department chair/program director may request medical verification of the
illness or disability of that person. This information will be confidential and
will be stored in the Office of Academic Affairs or the Office of Human
Resources. To facilitate the gathering of necessary verification, the
department chair/program director may request the assistance of the Human
Resources Department.
The
department chair/program director will make a recommendation to the [Program Area Dean, who will make a recommendation to
the] Provost and VCAA concerning whether or not to grant the request for
leave. When the request is the result of the faculty member's illness or
disability, the department chair/program director will recommend leave if
the need for leave is readily evident or if it is supported by medical
information. When the request is to care for the faculty member's family
member, domestic partner or dependent, the department chair/program director
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.
[The
Provost and VCAA will 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 faculty member's family member, domestic partner or dependent, the
Provost and VCAA will request medical verification of the illness or disability
of that person. This information will be confidential and will be stored in the
Office of Academic Affairs. To facilitate the gathering of necessary
verification, the Provost and VCAA may request the assistance of the Office of
Human Resources.]
The Vice
Chancellor of Academic Affairs [Provost and
VCAA] is responsible for making a decision on whether or not to approve
leave after reviewing the department chair/program director's recommendation.
The Provost and VCAA will provide written notification of the decision to the department
chair/program director with a copy to the faculty member [with copies to the department chair/program director and
the Program Area Dean]. The Vice Chancellor of Academic Affairs [Provost and VCAA] will provide a copy of the
notice to the Office of the Chancellor and the Human Resources Department.
Whenever the Vice Chancellor of Academic Affairs [Provost and VCAA] approves leave under this policy, he/she is
responsible for working out an arrangement with the department chair/program
director for covering the duties of the person on leave.
Leave may
be granted for up to the period actually required by the disability or the end
of the faculty member's contract period (academic year), whichever occurs
first. Leave beyond this period is subject to approval by the Provost and VCAA
after consultation with the faculty member's department chair/program director.
[In
all cases, approved, but not used, leave shall not accumulate nor be carried forward
from academic year to academic year. This policy does not preclude requesting
leaves for non-medical or serious disability reasons.]
If illness
or disability requires an absence from faculty duties beyond the approved
salary continuation period, the faculty member may petition for a leave of
absence without pay under procedures described in [Section
4.2.2.2 of the Faculty Handbook. Faculty
members are entitled to up to 52 weeks of unpaid leave within any five year
period under the North Carolina Family Illness Leave Act.] the
Handbook for Faculty and in University policies implementing the Family and
Medical Leave Act. The faculty member may also apply to the Human
Resources Department for salary continuation through the Disability Income Plan
or through other disability programs offered to University employees on an
optional basis. [For information regarding the
Disability Income Plan and other disability plans offered to University
employees on an optional basis, faculty members should contact the
V[IV]. Appeals
The Vice Chancellor of Academic Affairs' [Provost
and VCAA’s] decision not to grant a request for leave under this policy
may be appealed to the Chancellor.
VI[V]. Confidentiality
Communications concerning leave requested or granted under this policy are
subject to the same confidentiality requirements as other personnel records.
VII[VI]. Record-Keeping
Because this policy provides an important financial benefit, accurate records
on its invocation must be maintained. The Office of the Provost and Vice
Chancellor for Academic Affairs will maintain the official records and, every
three years from the date of approval or sooner if necessary, will make general
reports on its use to other University administrators and to the Faculty
Senate.
VIII[VII]. Coordination with Other Policies
The Regulations on Academic Freedom, Tenure and Due Process provide that
"[T]ime spent on leave of absence shall not
count as probationary service unless the faculty member and the institution
agree to the contrary at the time leave is granted."
[As
stated in Section 3.5.3, a leave of absence due to maternity or primary-care
duties automatically extends the probationary period of tenure-track faculty by
one year unless requested by the faculty member and authorized by the Provost
and VCAA.]
The terms of this policy pertain only to a leave with full pay for a specified period because of illness or disability. This policy has no effect on provisions for leave without pay as described in the Handbook for Faculty.
The leave with full pay provided for under this policy shall have no effect on the faculty member's other employment benefits.
Revised
Faculty Handbook 4.2.1.2
4.2.1.2 Family and Medical Leave (SD2495S) amended by SD4900S
Members
of the UNC Asheville faculty entitled to benefits may apply under this policy
for up to a semester off with full pay. While brief absences from faculty
duties, including teaching, can usually be accommodated informally for up to
four weeks, those that involve prolonged illness and/or disability can result
in significant burdens to colleagues, especially in small departments.
Furthermore, the faculty person who must call upon that assistance may face
uncertainties and discomforts concerning the employment situation at a time of
great personal stress. Finally, state employees who work
at less than three-quarter time without leave are not eligible to receive
benefits such as health insurance and contributions toward retirement.
This policy is designed to overcome these difficulties in a manner consistent
with The Family and Medical Leave Act of 1993, The Code of The University of
North Carolina and The Regulations on Academic Freedom, Tenure and Due Process
of The University of North Carolina at Asheville. This leave is not allowable
as terminal leave payment when the faculty member leaves the employment of the
University. 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, provided to state employees.
I.
Coverage
This policy applies to persons holding at least three-quarter time regular
faculty appointments (professor, associate/assistant professor, lecturer,
instructor) who are also eligible for participation in either the Teachers' and
State Employees' Retirement System or the Optional Retirement Program. It does
not apply to faculty members with twelve-month appointments annually; these
persons are covered under a separate leave policy of the Board of Governors.
A full-time faculty appointment
is for twelve contact hours per semester of combined instruction and formal
reassigned time, whether administrative or discretionary. Faculty members
may not work at less than three-quarter time, after accounting for reassigned time, for longer than four weeks
without leave, because this makes
faculty members ineligible for all benefits, including Family and Medical
Leave. The Program Area Dean should be notified of any
informal accommodation of faculty members working at less than full-time for
longer than one week.
II. Benefit and Use of Leave
A) A faculty member who has been at least
three-quarter time for at least one year may request leave with full pay and
benefits for up to one semester, or
twelve weeks over two consecutive semesters, exclusive of academic breaks,
for any of the following conditions:
* medically
verifiable extended illness or serious disability;
* birth and care of a newborn;
* placement with the employee of a child for adoption or foster care and care
of that child within one year of placement;
* care-giving
responsibilities for a seriously ill child, spouse/domestic partner, parent or
other dependent;
* any
qualifying exigency arising out of the fact that a spouse, son, daughter, or
parent is a covered military member on active duty (or has been notified of an
impending call to active duty);
In
none of the above cases can family and medical leave be granted for longer than
one full semester, nor can a second leave of twelve weeks be granted until the
faculty member has returned to full-time status for one year. More than one
family and medical leave may be granted in an academic year, but total leave in
that year for any of the above reasons may not exceed twelve weeks except in
the case where a full semester’s leave is granted.
B)
A faculty member who is the spouse, son, daughter, or next of kin of a covered
service member may request leave with full pay and benefits for up to 26 weeks
within any 12-month period to care for that person if he or she has a serious
injury or illness incurred in the line of duty, including medical treatment,
recuperation, or therapy; or otherwise in outpatient status or on the temporary
disability retired list.
III.
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 normally be made in a letter to the department chair/program
director.
The
department chair/program director will make a recommendation to the Program Area
Dean, who will make a recommendation to the Provost and VCAA concerning whether
or not to grant the request for leave. When the request is the result of the
faculty member's illness or disability, the department chair/program director
will recommend leave if it is supported by medical information. When the
request is to care for the faculty member's family member, domestic partner or
dependent, the department chair/program director 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.
The
Provost and VCAA will 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 faculty member's family member, domestic partner or dependent, the
Provost and VCAA will request medical verification of the illness or disability
of that person. This information will be confidential and will be stored in the
Office of Academic Affairs. To facilitate the gathering of necessary
verification, the Provost and VCAA may request the assistance of the Office of
Human Resources.
The
Provost and VCAA is responsible for making a decision on whether or not to
approve leave after reviewing the department chair/program director's
recommendation. The Provost and VCAA will provide written notification of the
decision to the faculty member with copies to the department chair/program
director and the Program Area Dean. The Provost and VCAA will provide a copy of
the notice to the Office of the Chancellor and the Human Resources Department.
Whenever the Provost and VCAA approves leave under
this policy, he/she is responsible for working out an arrangement with the
department chair/program director for covering the duties of the person on
leave.
In
all cases, approved, but not used, leave shall not accumulate nor be carried
forward from academic year to academic year. This policy does not preclude
requesting leaves for non-medical or serious disability reasons.
If
illness or disability requires an absence from faculty duties beyond the
approved salary continuation period, the faculty member may petition for a
leave of absence without pay under procedures described in Section 4.2.2.2 of
the Faculty Handbook. Faculty members
are entitled to up to 52 weeks of unpaid leave within any five year period
under the North Carolina Family Illness Leave Act. For information regarding
the Disability Income Plan and other disability plans offered to University
employees on an optional basis, faculty members should contact the
IV. Appeals
The Provost and VCAA’s decision
not to grant a request for leave under this policy may be appealed to the
Chancellor.
V.
Confidentiality
Communications concerning leave requested or granted under this policy are
subject to the same confidentiality requirements as other personnel records.
VI. Record-Keeping
Because this policy provides an important financial benefit,
accurate records on its invocation must be maintained. The Office of the
Provost and Vice Chancellor for Academic Affairs will maintain the official
records and, every three years from the date of approval or sooner if
necessary, will make general reports on its use to other University
administrators and to the Faculty Senate.
VII.
Coordination with Other Policies
As stated in Section 3.5.3, a leave of absence due to maternity or primary-care
duties automatically extends the probationary period of tenure-track faculty by
one year unless otherwise requested by the faculty member and authorized by the
Provost and VCAA.
The
terms of this policy pertain only to a leave with full pay for a specified
period because of illness or disability. This policy has no effect on
provisions for leave without pay as described in the Handbook for Faculty.
The
leave with full pay provided for under this policy shall have no effect on the
faculty member's other employment benefits.