18.104.22.168 Medical (Including Maternity) Leave
last revised: Feb-2010
The following conditions and procedures apply to a medical leave of absence not expressly provided for elsewhere in this policy manual.
A medical leave of absence may be granted to an employee where a health care provider certifies that an employee is unable to work for more than five (5) consecutive calendar days due to illness, injury, accident, or other qualified condition (including pregnancy and childbirth).
In order to apply for such a leave, the employee and the employee’s health care provider must submit proper documentation. A request for medical leave must be submitted in writing by the employee to the administrative officer of his or her unit. The administrative officer will forward the request to the Human Resource Office. Medical leaves must be approved by the President, who reserves discretion to determine whether to grant a medical leave, unless such leave is required by applicable law. The College may require further certification of the employee’s inability to work from a health care provider at any time during the leave and may also require the employee to be examined by another health care provider selected by the College. Policies for maintenance of benefits and payment of medical insurance premiums shall follow the policies as outlined in the FMLA policy, as will the procedures for recovery of premiums in cases where the employee fails to return from leave. Employees on medical leave generally may not be permitted to return to work until they have submitted a written release to return to work from the employee’s health care provider.
Leaves will generally not be extended beyond twelve (12) months from the actual start date of the leave. Employees on a leave who do not return to work on or before the expiration of the twelve month period will be terminated from employment with the College, unless a moderate extension of this period constitutes a reasonable accommodation of a disability as defined by applicable law, or unless otherwise required by law.
Employees terminated under this provision can reapply for employment with the College at a future date if they wish, but future employment with the College is not guaranteed. Employees who fail to return from leave on the date approved by College without applying for an extension of leave will be regarded as having voluntarily resigned their employment with the College effective as of the last day actually worked. Employees who return from a leave on the date approved by College may be restored to their former job, or to a comparable job, if available. If the employee’s former job or comparable job is no longer available, the employee may be assigned to any other job, provided there is an open position and the employee has the skill and ability to perform the job. If the College determines that conditions do not allow the reinstatement of the employee to any position, then the employee will be terminated.
Sick, personal, and/or vacation leave will run concurrently with medical leave. Thus, after all of an employee’s paid time off leave has been exhausted, the remaining term of his or her eligible medical leave will be unpaid.