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

      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.

      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.

      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.

      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