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.
