HUMAN RESOURCE POLICY MANUAL
	Topic: Employee/Family Medical Leave Policy # 701.00 Version: 2.0 Effective Date: July 1, 2003

Purpose:

Policy:

Eligible employees may take up to 24 weeks of medical leave within any 12 month rolling period and be restored to the same or an equivalent position upon their return.

1. To be eligible for leave under this policy, an employee must have worked for The University of Alabama for at least six months and must have completed 625 worked hours in the past 6 months, OR have worked 1250 hours in the past 12 months.
2. The 12-month rolling period is measured backward from the date the employee uses any medical leave.
3. Employees may elect, at their discretion, to use any accrued sick, annual or compensatory time at the onset of leave. This time will be applied to the 24 weeks of leave.
4. If an employee does not have any paid leave time available or elects not to use any accrued leave or if the paid leave time is exhausted before the employee is released to return to work, the leave or portion thereof will be unpaid.
5. Time off for on-the-job injuries (OJI) or long term disability (LTD) runs concurrently with Employee/Family Medical Leave.

Reasons for Leave:

1. Birth of the employee's child;
2. Placement of a child with the employee for adoption or foster care;
3. Serious health condition of the employee; or
4. Serious health condition of the employee's spouse, dependent child or parent.

Leave for reasons 1 or 2 must be completed within the 12 month period beginning on the date of the birth or placement and must be taken in a continuous period without intermittent breaks. Employees must submit appropriate paperwork showing the date of adoption or foster care placement to the medical leave administrator when it becomes available. Spouses who both work at the University and who request leave for reasons 1 or 2 are jointly limited to a total of 24 weeks of leave.

Definitions

A serious health condition is defined on the Certification of Health Care Provider Form as an illness, injury impairment or physical or mental condition that involves one of the following:

1. Hospital Care

Inpatient care (i.e., an overnight stay) in a hospital, hospice or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.

Incapacity is defined to mean inability to work, attend school or
perform other regular daily activities due to the serious health
condition, treatment therefor, or recovery therefrom.

2. Absence Plus Treatment

A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:

(a) Treatment two or more times by a healthcare provider, by a nurse or physician's assistant under direct supervision of a healthcare provider or by a provider of healthcare services (e.g., physical therapist) under orders of, or on referral by, a healthcare provider; or

(b) Treatment by a healthcare provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the healthcare provider.

Treatment includes examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations or dental examinations.

A regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition. A regimen of treatment does not include the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a healthcare provider.

3. Pregnancy

Any period of incapacity due to pregnancy, or for prenatal care.

4. Chronic Conditions Requiring Treatments

A chronic condition which:

(a) Requires periodic visits for treatment by a healthcare provider, or by a nurse or physician's assistant under direct supervision of a healthcare provider;

(b) Continues over an extended period of time (including recurring episodes of a single underlying condition);

(c) May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.)

5. Permanent/Long-term Conditions Requiring Supervision

A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a healthcare provider. Examples include Alzheimer's, a severe stroke or the terminal stages of a disease.

6. Multiple Treatments (Non-Chronic Conditions)

Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a healthcare provider or by a provider of healthcare services under orders of, on or referral by, a healthcare provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), and kidney disease (dialysis).

Procedure:

1. An eligible employee who requests a medical leave of absence must apply for the leave by completing a Medical Leave Request Form. Forms are available in the Human Resources Service Center (G-69 Rose Administration Building) or on the HR website (www.hr.ua.edu). When the need for leave is foreseeable, the employee must apply in advance and, if possible, should give 30 days advance written notice. If the need for leave is unforeseen, the employee must provide such notice as is practicable (within 1-2 business days or when the need for leave becomes known). The form must be filled out completely, including the supervisor's signature, and returned to the Benefits Office in the HR Service Center (Box 870364, G-69 Rose Administration Building).

2. For medical leave requested due to a serious health condition of the employee or the employee's spouse, child, or parent, the employee must have the relevant healthcare provider supply the appropriate medical certification. The Certification of Healthcare Provider Form, which can be found in the HR Service Center (G-69 Rose Administration Building) or on the HR website (www.hr.ua.edu), should be completed and returned to the Benefits Office in the HR Service Center (Box 870364, G-69 Rose Administration Building) within 15 days following the request for leave. This form is not required when an employee is using leave for the birth, adoption or placement of a child.

Failure to provide requested medical certification in the allotted time may result in a delay in the effective date of medical leave coverage.

The University may require, at its expense, a 2nd medical opinion. If the second opinion differs with the original medical certification, the University, at its expense, may require a third binding opinion, mutually agreed upon by the University and the employee. The University may also require medical recertification not to exceed once every 30 days. This information must be provided by the date requested. Failure to provide the requested recertification in the allotted time may result in a delay of further leave.

3. Individual departments have the responsibility to define how employees are to communicate to their supervisor on their leave status and on their intent to return to work. At a minimum, employees should report to their supervisors each 30 days while on leave. In addition, the employee must notify their supervisor and the Benefits Office prior to expiration of their approved leave if the dates of leave change or need to be extended. An employee who is released to return to work earlier than expected must provide at least 3 days advance notice to the supervisor.

4. Medical leave may be taken on an intermittent basis for a serious health condition. While an
employee is on an intermittent medical leave, the University may transfer the employee to an alternative position which better accommodates recurring leave and which has equivalent pay and benefits. The University reserves the right to verify that the intermittent leave must be taken at the specific time(s) that the employee requests. Employees who use intermittent leave will be required to complete and submit intermittent time used on an Intermittent Employee/Family Medical Leave report. This report must be signed by the supervisor and submitted by the 20th of each month to the Benefits Office in the HR Service Center (Box 870364, G-69 Rose Administration Building).

5. Departments may employ temporary or pool employees during periods of employee absence. Based on business necessity, if a position must be filled during the employee's absence, the employee may be returned to an equivalent position.

6. Medical leave which is taken due to the employee's own serious health condition requires medical certification that the employee is fit to return to work. This is not required if the employee is using leave for the birth, adoption, or placement of a child, or to care for a family member with a serious health condition. Employees must obtain medical certification in writing from their physician. Employees will not be permitted to return to work until an appropriate written return to work certification is provided.

7. Employees are encouraged to apply for Long-Term Disability Insurance after 4 weeks of leave for their own serious health condition.

Eligible employees are encouraged to apply for disability retirement under the Teacher's Retirement System after 12 weeks and before 17 weeks of leave for their own serious health condition.

8. If an employee anticipates that their Employee/Family Medical Leave may extend beyond 24 weeks, they should consult the Staff Handbook to determine whether application should be made for any other type of leave of absence.

9. Employees must be in a paid status the day before and the day after a holiday period to receive holiday pay while on an approved medical leave of absence. "Paid Status" is defined as receiving pay for hours worked, or for annual, sick, compensatory time or other paid leave for which the employee is eligible.

10. The following conditions will constitute an automatic resignation and loss of the right to reinstatement if they occur while an employee is on an approved leave of absence for his/her own serious health condition:

• Overstaying the leave of absence without proper notification and approval.
• Actively working outside of the University or participating pre-employment training to prepare for employment outside the University.

11. Employees who fail to return to work or who have not been approved for any other type of leave of absence or who are unable to return to work after the completion of an Employee/Family Medical Leave shall be treated as having voluntarily resigned.

Employee Benefits during Employee/Family Medical Leave of Absence:

1. Employees may elect to keep health benefits and voluntary benefits during unpaid Employee/Family Medical Leave. If an employee elects to discontinue benefits during unpaid leave, the employee may re-enroll in benefits when the employee returns to a paid status.

2. While the employee is on Employee/Family Medical Leave, the University will maintain benefits including health insurance as if the employee continued to be actively employed. As long as the employee is in a paid status, premiums for insurance will be deducted as usual from the employee's paycheck. If the employee ceases to be in a paid status, the employee
will be responsible for paying the normal benefits premiums or contributions (the same amount that would have been deducted from their paycheck). Payment is arranged and made through the Benefits Office in the HR Service Center.

3. If the premiums for insurance become past due for 30 days or more and a 15 day written notification is issued, coverage will be cancelled and cannot be reinstated until the employee returns to a paid status.

4. Taking Employee/Family Medical Leave will not result in the loss of any employment benefits accrued before the date the leave started. Any benefits accrued during the leave will be subject to the individual circumstances of the leave and whether or not the employee is in a paid status during the leave.

Please contact the Benefits Office for questions regarding this policy.
348-7732
G-69 Rose Administration Building

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