UNIVERSITY OF PITTSBURGH PROCEDURE 02-11-01
CATEGORY: ACADEMIC AFFAIRS
SECTION: Faculty Leave Programs
SUBJECT: Faculty Medical and Family Leave
EFFECTIVE DATE: January 1, 1996 (Published January 13, 1997)
PAGE(S): 7
I. PURPOSE
To define the procedures for implementing the Faculty Medical and
Family Leave Policy (FMFL Policy) (Policy 02-11-01) and for
complying with the Department of Labor's final regulation of the
Family and Medical Leave Act of 1993.
II. SCOPE
These procedures are to be used with respect to leaves of absence
for faculty for medical, parental, and other family care
purposes. It applies to employees classified as faculty or
librarians at the University of Pittsburgh.
These procedures are consistent with the Federal Family and
Medical Leave Act of 1993 which entitles eligible employees, as
defined in the Act, to take unpaid family care and/or medical
leaves of up to 12 workweeks in any 12-month period. These
procedures provide for paid leave periods which shall be
substituted for all or part of the unpaid leave period provided
by the Federal Family and Medical Leave Act.
III. DEFINITIONS
A. Eligibility
1. Eligible Faculty Member:
a. Full-time faculty, full-time faculty librarians,
part-time tenure-stream faculty (employed half
time or more), and part-time faculty librarians
(employed half time or more) with at least 24
months or more continuous employment are eligible
for any paid leaves outlined in Policy 02-11-01,
Faculty Medical and Family Leave, as well as
unpaid leaves.
b. Full-time faculty, full-time faculty librarians,
part-time tenure-stream faculty (employed half
time or more), and part-time faculty librarians
(employed half time or more) with less than 24
months continuous employment are eligible for any
paid leave outlined in Policy 02-11-01, Faculty
Medical and Family Leave, except leaves taken in
connection with a serious health condition or
illness of a spouse, biological or adopted child,
or parent shall be taken as unpaid family leave.
c. Any faculty member who does not meet the
requirements of (1) or (2) above, must be employed
for at least 12 months and have at least 1,250
hours of service for at least 12 months to be
eligible for unpaid leave under the Federal Family
and Medical Leave Act guidelines.
2. Spouse: A husband or wife as defined or recognized
under state law for purposes of marriage in the state
where the employee resides, including common law
marriages in states where it is recognized.
3. Parent: A biological parent or an individual who
stands or stood in loco parentis to an employee when
the employee was a son or daughter.
4. Son or Daughter: A biological, adopted, or foster
child, a stepchild, a legal ward, or a child of a
person standing in loco parentis.
B. Serious Health Condition: A serious health condition is
defined as an injury, impairment, or physical or mental
condition that involves either: 1) inpatient care in a
hospital, hospice, or residential care facility; or 2)
continuing treatment by a health care provider.
Qualifying categories for continuing treatment by a health
care provider:
1. A period of incapacity of more than seven consecutive
calendar days.
2. Pregnancy or prenatal care.
3. A chronic serious health condition, defined as one
that: a) requires periodic visits; b) continues over an
extended period of time; and c) may cause episodic
rather than continuing incapacity.
4. A permanent or long-term condition for which treatment
may not be elective (e.g., Alzheimer's, severe stroke,
or terminal stages of a disease).
5. An absence to receive multiple treatments by a health
care provider either for restorative surgery after an
accident or injury, or for a condition that likely
would result in an incapacity of three (3) or more days
in the absence of medical treatment (e.g., cancer,
severe arthritis).
C. Treatment: Treatment includes, but is not limited to,
examination to determine if a serious health condition
exists. It does not include: routine physical, eye, or
dental examinations. A course of prescription medicine or
therapy qualifies as a regimen of continued treatment but
over-the-counter medicines do not.
Specific conditions listed that do not qualify for leave
under the FMFL policy include: cold, flu, earaches, upset
stomach, minor ulcers, headaches other than migraines,
routine dental or orthodontic problems, and periodontal
disease. Cosmetic treatments are not considered a serious
health condition unless medically required or complications
arise.
D. Health Care Provider: A doctor of medicine or osteopathy
who is authorized to practice medicine or surgery by the
state in which the doctor practices, or others capable of
providing health care services (including licensed
podiatrists, dentists, nurse practitioners, clinical social
workers, midwives, psychologists, optometrists, and
Christian Science Practitioners) and any other health care
provider that is recognized or accepted by the University's
group health plan carriers.
E. Equivalent Position: An equivalent position has the same
pay, benefits, and working conditions, and involves the same
or substantially similar duties and responsibilities.
IV. PROCEDURES
A. Paid Medical Leave Due to Serious Health Condition or
Illness of Eligible Faculty Members
Faculty Member 1. At least 30 days before the
intended leave period begins,
the faculty member will submit
a written request for leave to
the Department Chair with a
copy to the Dean if the need
for the leave is foreseeable,
together with a Certification
of Physician or Practitioner,
FORM 0189 PITT 1517. If the
need for leave is not
foreseeable, the faculty
member is required to provide
as much notice as possible.
In the case of normal
pregnancy or childbirth, a
faculty member need only
submit the Certification Form.
2. Salary will be continued only
during that period for which
the faculty member would
normally be on the payroll.
3. Faculty members may request to
perform certain
responsibilities on a part-
time basis and submit this
request for leave to the
Department Chair with a copy
to the Dean, with the health
care provider's certificate of
fitness to work part-time.
Faculty members returning
after a leave must submit a
health care provider's
certificate of fitness to
work.
4. If the leave lasts less than
four months, the faculty
member may request that the
year in which the leave is
taken not count as a year
toward mandatory tenure
review. When the leave lasts
four calendar months or
longer, the academic year in
which the leave is taken shall
not be counted as a year
toward mandatory tenure
review. No special request
needs to be made to receive
this waiver.
5. If a faculty member does not
return to the University after
a leave, he or she will be
required to repay the
University for benefits paid
on his or her behalf.
6. If the paid leave extends
beyond six consecutive months,
the faculty member must apply
for disability insurance under
the University Long-Term
Disability Plan or for an
unpaid leave of absence not to
exceed 12 additional months.
Dean 7. After receiving a
recommendation from the Chair
of the faculty member's
department, the Dean will make
a recommendation and forward
the Certification Form to the
Provost.
8. If the leave extends for more
than six consecutive months,
the Dean must notify the
faculty member to apply for a
leave without pay or for
disability insurance under the
University Long-Term
Disability Plan. This should
be done four months into the
leave.
Provost 9. The Provost will notify the
faculty member if the request
is in accord with the FMFL
Policy and is approved and, if
applicable, whether the
request to take prorated part-
time leave is approved. Also,
the Provost will notify the
faculty member that if the
leave lasts four calendar
months or longer, the academic
year in which the leave is
taken shall not be counted as
a year toward mandatory tenure
review. If the leave lasts
less than four months, the
Provost will review the
faculty member's request that
the year not count toward the
mandatory tenure review period
and will so inform the faculty
member. An extension under
this policy shall be made
solely for the purpose of
enabling the individual
concerned to have an
opportunity for evaluation
substantially equivalent to
that of persons not taking
leave. Faculty Records will
record this in the faculty
member's file and forward a
copy to Human Resources.
Human Resources 10. If a faculty member does not
return to the University after
a leave, Human Resources will
inform him or her of the
amount owed to cover benefits
paid by the University during
his or her leave.
B. Paid Medical Leave in the Event of a Serious Health
Condition or Illness of a Spouse, Child, or Parent
Faculty Member 1. At least 30 days before the
intended leave period begins,
a faculty member eligible for
the four week paid leave will
submit a written request for
leave to the Department Chair,
together with a Certification
of Physician or Practitioner,
FORM 0189 PITT 1517. If the
need is not foreseeable, the
faculty member is required to
provide as much notice as
possible.
2. The faculty member will
discuss the request with the
Department Chair to determine
how the impact of the leave
can be minimized.
3. The faculty member may request
that the year in which the
leave is taken not count as a
year toward mandatory tenure
review.
Department Chair 4. After receiving the request
from the faculty member and
after discussion to determine
how the impact of the leave
can be minimized, the
Department Chair will forward
the request and Certification
Form to the Dean.
Dean 5. After receiving the
recommendation of the
Department Chair, the Dean
will notify the faculty member
if the request is in accord
with the FMFL Policy and is
approved with a copy to
Faculty Records, who records
this in the faculty member's
file and forwards a copy to
Human Resources. If
applicable, the Dean will
review the faculty member's
request that the year not
count toward the mandatory
tenure review period and
forward the recommendation and
Certification Form to the
Provost.
Provost 6. The Provost will review the
faculty member's request that
the year not count toward the
mandatory tenure review period
and will so inform the faculty
member. An extension under
this policy shall be made
solely for the purpose of
enabling the individual
concerned to have an
opportunity for evaluation
substantially equivalent to
that of persons not taking
leave. Faculty Records will
record this in the faculty
member's file.
C. Paid Parental Leave
Faculty Member 1. As far in advance as possible
before the expected need for a
paid parental leave, the
faculty member will submit a
written request for a paid
leave of two weeks to the
Chair of his or her
department. Leave is to be
taken within one calendar year
after the birth or adoption of
a child. The faculty member
will discuss with the
Department Chair whether the
leave will be taken as full-
time or equivalent prorated
part-time.
2. Any faculty member who becomes
a parent by birth or adoption
may request that the year in
which the leave is taken or
parenthood occurs not count as
a year toward mandatory tenure
review.
Department Chair 3. Together with the faculty
member the Department Chair
will determine whether the
leave is taken as full-time or
equivalent prorated part-time
leave and forward the request
to the Dean.
Dean 4. After receiving the
recommendation of the
Department Chair, the Dean
will notify the faculty member
if the request is in accord
with the FMFL Policy and is
approved and will send a copy
to Faculty Records for
recording in the faculty
member's file. Faculty
Records will forward a copy to
Human Resources.
Provost 5. The Provost will review the
faculty member's request that
the year not count toward the
mandatory tenure review period
and will so inform the faculty
member. An extension under
this policy shall be made
solely for the purpose of
enabling the individual
concerned to have an
opportunity for evaluation
substantially equivalent to
that of persons not taking
leave. Faculty Records will
record this in the faculty
member's file.
D. Unpaid Medical and Family Leave
Faculty Member 1. As far in advance as possible
before the expected need, the
eligible faculty member will
submit a written request for
an unpaid family or medical
leave to the Dean with a copy
to the Department Chair.
2. If the leave lasts less than
four months, the faculty
member may request that the
year in which the leave is
taken or parenthood occurs not
count as a year toward
mandatory tenure review. When
the leave lasts four calendar
months or longer, the academic
year in which the leave is
taken shall not be counted as
a year toward mandatory tenure
review. No special request
needs to be made to receive
this waiver.
3. If the faculty member does not
return to the University after
a leave, he or she will be
required to repay the
University for benefits paid
on his or her behalf.
4. When unpaid medical leave
extends beyond 12 months, the
faculty member should apply
for disability insurance under
the University Long-Term
Disability Plan.
5. Faculty members returning to
work after a medical leave
must submit a health care
provider's certification of
fitness to work.
Dean 6. The Dean will review the
request and submit his or her
recommendation to the Provost.
Provost 7. The Provost will notify the
faculty member if the request
for unpaid leave is in accord
with FMFL Policy and is
approved and will include the
extent of the leave, taking
into consideration that
combined paid and unpaid
family leave and combined paid
medical leave in the event of
a serious health condition or
illness of a spouse, child, or
parent and unpaid family leave
shall not exceed 12 months.
Also, the Provost will notify
the faculty member that if the
leave lasts four calendar
months or longer, the academic
year in which the leave is
taken shall not be counted as
a year toward mandatory tenure
review. If the leave lasts
less than four months, the
Provost will review the
faculty member's request that
the year not count toward the
mandatory tenure review period
and will so inform the faculty
member. An extension under
this policy shall be made
solely for the purpose of
enabling the individual
concerned to have an
opportunity for evaluation
substantially equivalent to
that of persons not taking
leave. Faculty Records will
record this in the faculty
member's file and forward a
copy to Human Resources.
Human Resources 8. Human Resources will contact
the faculty member to set up
direct payments for benefit
plan continuation when the
leave is unpaid. If a faculty
member does not return to the
University after a leave,
Human Resources will inform
him or her of the amount owed
to cover benefits paid by the
University during his or her
leave.
V. REFERENCE
Policy 02-11-01, Faculty Medical and Family Leave