37.0 II-2.31 - POLICY ON FAMILY AND MEDICAL LEAVE FOR FACULTY
  (Approved by the Board of Regents, October 6, 1995)
 
 
  I.   Purpose and Applicability:
 
       The purpose of this policy is to implement the Family and
       Medical Leave Act of 1993 (FMLA), P.L. 103-3.  This policy
       applies to all eligible faculty of the University of Maryland
       System (UMS) who are covered by the provisions of UMS BOR
       Policy II - 1.00 on Appointment, Rank, and Tenure of Faculty.
       Under certain circumstances it is the policy of the UMS to
       provide a faculty member with up to a maximum of twelve (12)
       weeks of unpaid leave during a twelve (12) month period for
       certain family and certain serious health condition reasons.
 
  II.  Terms and Definitions:
 
       The following terms and definitions shall apply for purposes
       of this policy:
 
       A.   Accrued Leave:  Earned and unused annual, holiday, sick,
            and personal leave.
 
       B.   Alternative Position:  A position to which a faculty
            member may be temporarily reassigned during a period of
            intermittent F&M leave and/or reduced schedule.  The
            alternative position shall have the same benefits and pay
            as the position from which the faculty member was
            reassigned.
 
       C.   Care:  "to take care of" or "to care for".  The term care
            is intended to be read broadly to include both physical
            and psychological care.  The language applies to the
            period of inpatient care and home care as well.
 
       D.   Child:  A person who is the son or daughter of a faculty
            member and who is under eighteen (18) years of age; or,
            eighteen (l8) years of age or older and incapable of
            self-care because of a mental or physical disability
            during the period of the serious illness.  The son(s)
            and/or daughter(s) may be the biological, adopted, step
            or foster child(ren) of the faculty member.  A child is
            also someone who is the legal ward of the faculty member
            or someone for whom the faculty member has provided
            sufficient, notarized affidavit(s) and proof of financial
            dependence that he/she is standing in loco parentis.
 
       E.   Faculty Member:  An employee who is covered under the
            provisions of UMS BOR Policy II - 1.00 on appointment,
            rank, and tenure of faculty and (1) whose date of hire is
            12 months prior to the date of the requested leave, and
            (2) whose employment during the twelve months preceding
            the leave request was at least 50 percent or greater of
            full-time under a 9.5 month or longer contract, or who
            has been employed for at least twelve months (which need
            not be consecutive) and has worked at least 1,040 hours
            during the twelve months preceding the leave request.
 
       F.   Equivalent Position: A position at the institution to
            which a faculty member shall be restored upon the
            completion of the F&M leave.  The equivalent position
            shall have thesame benefits, pay, and other terms and
            conditions of employment as the position from which the
            faculty member took leave.
 
       G.   Health Care Providers:  Are doctors of medicine or
            osteopathy, podiatrists, dentists, clinical
            psychologists, optometrists, chiropractors (limited to
            treatment consisting of manual manipulation of the spine
            to correct a subluxation as demonstrated by x-ray to
            exist), nurse practitioners and nurse midwives, as
            authorized to practice by the State of Maryland; and
            Christian Science Practitioners listed with the First
            Church of Christ Scientist in Boston.
 
       H.   Immediate Family Member:  Is the faculty member's
            parent(s), spouse, or child(ren), or legal wards.
 
       I.   In Loco Parentis:  "In the place of a parent; instead of
            a parent; charged, factitiously, with a parent's rights,
            duties and responsibilities."  Any eligible faculty
            member claiming an in loco parentis relationship with a
            child, or any eligible faculty member claiming to be the
            child of an in loco parentis relationship may be
            requested to provide documentation of such relationship.
 
       J.   Institution:  Is the employing UMS institution -- the UMS
            institution from which the faculty member is taking
            leave.
 
       K.   Parent:  Is the faculty member's biological, adoptive,
            step or foster mother or father, or someone who stood in
            loco parentis to the faculty member when the faculty
            member was a child.
 
       L.   Restoration:  As used within the FMLA and used within
            this policy, restoration is an institutional guarantee
            that at the conclusion of the F&M leave the faculty
            member will be returned either to the same position from
            which he/she took leave, or to an equivalent faculty
            position.
 
       M.   Serious Health Condition:  Is an illness, injury,
            impairment, or physical or mental condition that involves
            inpatient care in a hospital, hospice, or residential
            medical care facility, or home care, or continuing
            treatment by a health care provider. A serious health
            condition is also intended to cover conditions or
            illnesses that affect the faculty member's health or the
            health of the faculty member's immediate family to the
            extent that the family member is in the hospital or other
            health care facility or at home and unable to care for
            his/her own basic hygienic or nutritional needs or safety
            such that the faculty member must be absent from work on
            a regular and recurring basis for more than a few days
            for treatment or recovery.  With respect to the faculty
            member, a serious health condition means that the faculty
            member must be incapacitated from performing the
            essential functions of his/her position.
 
            Examples of serious health conditions applicable to the
            faculty member or the faculty member's immediate family
            member include, but are not limited to: heart conditions
            requiring heart bypass or valve operations; most types
            of cancer; back conditions requiring extensive therapy
            or surgical procedures; severe respiratory conditions;
            appendicitis; emphysema; spinal injuries; pneumonia;
            severe arthritis; severe nervous disorders; injuries
            caused by serious accidents; ongoing pregnancy,
            miscarriages, complications or illnesses related to
            pregnancy, such as severe morning sickness, the need for
            prenatal care, childbirth, and recovery from childbirth.
            Additional examples are a faculty member or immediate
            family member whose daily living activities are impaired
            by such conditions as Alzheimer's disease, stroke, or
            clinical depression, who is recovering from major
            surgery, or who is in the final stages of a terminal
            illness.
 
       N.   Spouse:  The person to whom the faculty member is legally
            married -- a husband or a wife.
 
  III. Reasons for Leave:
 
       A.   A faculty member is entitled to take F&M leave for the
            following reasons:
 
            .    the birth of the faculty member's child,
            .    the placement of a child with the faculty member
                 for adoption or foster care,
            .    the need to take care of the faculty member's child
                 within a twelve (12) month period from birth or
                 placement,
            .    the need to take care of the faculty member's
                 immediate family member who has a serious health
                 condition, and
            .    the serious health condition of the faculty member.
 
       B.   F&M leave is not intended to cover minor illnesses that
            last only a few days and short term medical and/or
            surgical procedures that typically do not involve
            hospitalization and require only a brief recovery period
            such as these that are normally handled through non-
            creditable and earned sick leave (see UMS BOR II - 2.30).
 
       C.   Additionally, requests for leave to take care of the
            employee's school-age child under the age of fourteen
            (14) during school vacations may be granted to the extent
            that the leave does not create a hardship with respect to
            the operational needs and work schedules of the
            applicable institutional unit.
 
  IV.  F&M Leave Entitlement:
 
       A.   A faculty member is entitled to a maximum of twelve (12)
            workweeks (60 days) of F&M leave within a calendar year.
            F&M leave can be taken continuously or, under certain
            circumstances, on a reduced F&M leave schedule, or
            intermittently over the course of a calendar year.  F&M
            leave entitlement shall not be carried over from calendar
            year to calendar year.
 
       B.   The actual F&M leave entitlement shall be integrated with
            the amount of other leave taken for F&M-related reasons
            during the calendar year within which the F&M leave is to
            begin.
 
       C.   A faculty member who regularly works full time is
            entitled to a maximum of twelve (12) workweeks (60 days)
            of F&M leave per calendar year.  A faculty member who
            works less than full time is entitled to a pro rata share
            of the twelve (12) week/sixty (60) day maximum.
 
       D.   The spouse of a faculty member employed by the UMS shall
            be entitled to a separate, individual, maximum family and
            medical leave eligibility amount.  The amount of leave
            for which one spouse may be eligible, or the amount of
            leave used by one spouse shall not limit or enhance the
            leave amount or the leave usage of the other spouse.
            Spouses shall be entitled to take leave simultaneously or
            in succession and in any portion of their respective
            individual maximum for reasons of a serious health
            condition of the faculty member and for the serious
            health condition of the faculty member's immediate family
            members.  Requests for simultaneous F&M leave by spouses
            employed by the same institutional unit may be granted
            for reasons of childbirth, placement with the faculty
            member of a child for adoption or foster care, or care
            for a newborn child, to the extent that simultaneous
            leaves do not substantially disrupt the academic program
            or unit of which the faculty members are a part.
 
  V.   Integration of Other Leave Taken with F&M Leave Entitlement:
 
       Actual F&M leave entitlement shall be based on the faculty
       member's use of other leave during the calendar year within
       which the F&M leave begins  The faculty member's use of the
       following types of leave shall be deducted from the actual F&M
       leave entitlement:
 
       .    Any prior F&M leave taken within the applicable year,
            including accrued paid leave and noncreditable leave
            substituted for F&M leave
       .    Accident leave used within the applicable year
       .    Any type of unpaid leave for reasons related to family
            and medical circumstances taken within the applicable
            year.
 
  VI.  Compensation During Leave:
 
       F&M leave is an unpaid leave.  However, based upon either the
       election of the faculty member or the requirement of the Chief
       Executive Officer or designee and in accordance with UMS's and
       the institution's existing leave procedures, accrued paid
       leave and noncreditable leave used for purposes that qualify
       under FMLA shall be substituted for all or any part of the F&M
       leave.
 
  VII. Status of Benefits While on Family and Medical Leave:
 
       A.   A faculty member who is granted an approved F&M leave
            under this policy shall continue to be eligible for all
            employment benefits that he/she enjoyed immediately prior
            to the F&M leave.
 
       B.   An faculty member on F&M leave for reasons noted in
            Section III. A. may elect to continue employer-subsidized
            health care benefits during the period of leave.  The
            Chief Executive Officer or designee shall provide advance
            written notice to the faculty member of the terms and
            conditions under which premium payments are to be made by
            the faculty member.  The subsidy shall cease if a faculty
            member gives notice that he/she no longer wishes to
            return to work.  The institution shall recover its share
            of health premiums during unpaid F&M leave if the faculty
            member fails to return to work, or returns to work but
            fails to stay thirty (30) calendar days, unless the
            reason for not returning or staying is due to the
            continuation, recurrence or onset of a serious health
            condition or other circumstances beyond the faculty
            member's control.
 
       C.   Except as noted in Section X, Job Protection, upon return
            from leave a faculty member shall be restored with all
            the rights, benefits and privileges enjoyed prior to the
            leave.
 
       D.   While on any unpaid portion of a F&M leave, a faculty
            member shall not earn or accrue any additional leave.
 
       E.   A faculty member may elect to purchase service credit at
            the time of retirement for prior leaves without pay that
            are qualified by the Maryland State Retirement and
            Pension Systems.  Upon approval of a leave without pay,
            a faculty member shall follow the institution procedure
            to assure that this option may be exercised.
 
  VIII.     Notice of F&M Leave:
 
       Regardless of the reason for the F&M leave a faculty member
       shall give at least thirty (30) calendar days notice and
       provide the appropriate medical certification or legal
       certification of adoption or foster child placement, before
       taking a F&M leave.  When the need for leave is not
       foreseeable, a faculty member shall give notice as soon as
       practicable but no less than two (2) working days of learning
       of the need for leave.  If this is not possible due to a
       medical emergency, then the faculty member or the faculty
       member's designee shall give written notice and provide the
       appropriate certification as soon as practicable
 
  IX.  Job Protection:
 
       A.   A tenure-track faculty member whose leave under the sick
            leave or FMLA leave policies totals at least one semester
            or six continuous months may request through his or her
            department chair or appropriate  appointing authority
            that the mandatory tenure review be postponed.  The
            request shall be forwarded through the faculty member's
            dean, for recommendation, to the chief academic officer
            of the institution for decision.
 
       B.   Except as provided in IX. C., D., and E., and F., a
            faculty member returning to work at the conclusion of a
            F&M leave shall be restored to his/her former position
            with the pay, benefits and terms and conditions of
            employment that he/she enjoyed immediately prior to the
            F&M leave.
 
       C.   A faculty member is not entitled to restoration if the
            Chief Executive Officer or designee determines that the
            faculty member had been hired for a specific term or only
            to perform work on a specific project defined in writing
            and the term or project is over and the institution would
            not otherwise have continued to employ the faculty
            member.
 
       D.   If at any point prior to or during the F&M leave the
            Chief Executive Officer or designee determines that the
            faculty member's former position cannot be held available
            for the duration of the leave, the Chief Executive
            Officer or designee, at the conclusion of the leave,
            shall restore the faculty member to an equivalent
            position.
 
            If the determination of an inability to hold the former
            position occurs after the F&M leave begins, the Chief
            Executive Officer or designee shall immediately notify
            the faculty member in writing of details associated with
            the decision and the details of the equivalent position
            to which the employee will be restored.  The faculty
            member shall have the right to return within fifteen (15)
            working days from receipt of such notice to keep his/her
            former position.
 
       E.   If there are reductions in the work force while the
            faculty member is on F&M leave and he/she would have lost
            his/her position under the institution's retrenchment
            policy(ies) had he/she not been on leave, there is no
            obligation to restore the faculty member to his/her
            former or equivalent position.
 
       F.   A faculty member shall be restored consistent with
            current, applicable, appropriate pay, benefits and other
            terms and conditions of employment.
 
  X.   Medical Certification:
 
       A.   For leaves related to serious health conditions and to
            childbirth, the faculty member shall provide medical
            certification(s) from the faculty member's or family
            member's health care provider.  The faculty member shall
            have fifteen (15) calendar days to obtain the medical
            certification unless not practicable to do so despite the
            faculty member's diligent good faith efforts.  Such
            certification shall include but not be limited to:
 
            .    A statement of medical facts meeting the criteria
                 for "serious health condition,"
            .    Date condition commenced,
            .    Regimen of treatment to be prescribed,
            .    The duration of absence from work,
            .    In the case of the faculty member's serious health
                 condition, certification that the faculty member is
                 unable to perform the essential functions of
                 his/her position and prognosis of the faculty
                 member's ability to return to his/her position,
            .    In the case of the faculty member's need to care
                 for a seriously ill family member, certification of
                 the necessity for and duration of the faculty
                 member's presence; of the requirements of inpatient
                 care; and of assistance for basic needs, safety and
                 transportation,
            .    Title and original signature of an accredited,
                 licensed or certified medical provider.
 
       B.   The Chief Executive Officer or designee may require a
            second medical opinion at the institution's expense.  In
            the case of conflicting opinions, the opinion of a third
            health care provider, agreed upon by both faculty member
            and the Chief Executive Officer or designee and obtained
            at the institution's expense, shall be final.  The second
            and third opinions shall not be provided by individuals
            who are employed on a regular basis by the institution.
 
       C.   The Chief Executive Officer or designee may require
            reasonable recertification as the F&M leave continues,
            and may require a faculty member to provide periodic
            progress reports as to the serious health condition for
            which he/she is taking leave and the faculty member's
            ability to return to work at the end of the leave.
            Recertification shall not be requested more often than
            every thirty (30) calendar days unless the faculty member
            requests an extension of F&M leave, changed circumstances
            occur during the illness or injury, or the institution
            receives information that casts doubt upon the continuing
            validity of the most recent certification.
 
       D.   Consistent with FMLA and other applicable laws, all
            medical-related documentation will be kept confidential
            and maintained in a file separate from the faculty member
            official institutional personnel file.
 
  XI.  Intermittent or Reduced Leave:
 
       A.   In the case of a documented medical necessity, a faculty
            member shall be entitled to intermittent leave and/or a
            reduced schedule that reduces regular hours per workday
            or workweek for purposes of the faculty member's or the
            immediate family member's serious health condition.  The
            faculty member shall attempt to schedule intermittent
            leave or leave on a reduced schedule so as not to
            substantially disrupt the academic program or unit of
            which the faculty member is a part.
 
       B.   A faculty member may be granted leave that reduces
            regular hours per workday or workweek for reasons of
            childbirth, placement with the faculty member of a child
            for adoption or foster care, or care for a newborn child
            to the extent that the intermittent or reduced leave does
            not represent an undue hardship on the academic program
            or unit of which the faculty member is a part.
 
       C.   The Chief Executive Officer or designee may temporarily
            reassign a faculty member on intermittent or reduced F&M
            leave to an alternative position that better accommodates
            reduced or intermittent periods of leave.
 
  XII. Scheduling of Treatment In Instances of Serious Health
       Conditions:
 
       A.   In instances of the serious health condition of a family
            member or of the faculty member himself or herself, and
            in keeping with the requirements of the appropriate
            health care provider, the faculty member shall make
            reasonable efforts to schedule any medical treatments so
            as not to substantially disrupt the academic program or
            unit of which the faculty member is a part.
 
       B.   During the course of the treatment and as the Chief
            Executive Officer or designee deem appropriate, the
            faculty member may be requested to provide certification
            from the appropriate health care provider of the
            unavailability of treatment during non-work time, or at
            times that are less disruptive to the academic program or
            unit of which the faculty member is a part.
 
  XIII. Providing Information About F&M Leave:
 
       Regardless of the reason for the leave, a faculty member shall
       provide complete, accurate and timely information related to
       a request for, continuation of, modification(s) to, and return
       from a F&M leave.
 
  XIV. Early Return from Leave:
 
       A faculty member interested in returning to work from a F&M
       leave prior to the agreed upon end of the leave date shall
       provide the Chief Executive Officer or designee with a written
       request at least seven (7) calendar days prior to the date on
       which the faculty member is interested in returning.  The
       Chief Executive Officer or designee shall make a good faith
       effort to restore the faculty member to his/her former or an
       equivalent position as soon as possible but no later than
       thirty (30) calendar days after receipt of the request.
 
  XV.  Extensions of Leave:
 
       A faculty member may extend the date of return from a F&M
       leave to the extent that they have F&M leave entitlement
       available.  A request for an extension of F&M leave shall be
       considered under this policy as if it was an initial request.
 
  XVI. Failure to Return from Leave:
 
       A.   A faculty member who will not be returning to the
            institution at the conclusion of a leave shall so notify
            the Chief Executive Officer or designee in writing as
            soon as practicable.  The Chief Executive Officer or
            designee may request certification of reasons for the
            faculty member's failure to return to work.  In the
            absence of written notification, failure to return from
            leave shall be interpreted as a resignation.
 
       B.   If applicable, any benefit entitlement based upon length
            of service shall be calculated as of the faculty member's
            last paid day.
 
       C.   Employer costs of any payments made to maintain the
            faculty member's benefit coverage when on unpaid F&M
            leave shall be recovered if a faculty member fails to
            return to work as described in Section VII.B.
 
  XVII. Abuse of F&M Leave:
 
       The Chief Executive Officer or designee shall review,
       investigate and resolve suspected cases of bad faith, fraud or
       abuse of the F&M leave program.  Cases of bad faith,
       falsification of documents, or fraudulent information related
       to the F&M leave provided to the institution, or other abuses
       of the F&M leave program, may result in but are not limited
       to: revocation of the leave, refusal to restore, recovery of
       institutional costs for paid-time leave and insurance benefits
       premiums, and disciplinary action up to and including
       termination.
 
  XVIII. Implementation Procedures.
 
       Each Chief Executive Officer shall identify his/her
       designee(s), if appropriate, for this policy; shall develop
       procedures as necessary, for the posting, record-keeping and
       implementation of this policy; shall communicate this policy
       and applicable procedures to faculty members of his/her UMS
       institution; and shall forward a copy of such designations and
       implementation procedures to the Chancellor.