POL 05.30.01 - Medical and Parental Leave for 9-Month Faculty

Authority: Board of Trustees

History: First Issued: April 24, 1992. Last Revised: February 19, 2010.

Related Policies: 
UNC POL Manual: 300.2.11 [G] - Guidelines on Serious Illness and Disability Leave for Faculty
NCSU REG 05.20.31 - Tenure Clock
NCSU REG 05.20.04 - Post Tenure Review of Faculty
NCSU REG01.25.09 - Privacy/Confidentiality, Release and Security of Protected Health Information 
NCSU POL04.25.05 - Equal Opportunity and Non-Discrimination Policy Statement 

Additional References: 
NCSU Family Medical Leave
Disability Income Plan of North Carolina 
Supplemental Disability Plans

Contact Info: University Leave Administrator, Human Resources (919-513-0106)


1. PURPOSE

This policy authorizes paid leave (hereinafter “continuation pay”) for faculty with academic year (9-month) appointments with qualifying conditions covered under the Family and Medical Leave Act (FMLA), which include care for a child, spouse, parent with a serious health condition; a personal serious health condition; placement of or care for an adopted or foster child; birth or care for a newborn; care for an immediate family member or next of kin injured while on active duty, and for certain life events triggered by an immediate family member’s call to active duty.

2. ELIGIBILITY

2.1 This policy applies to faculty with academic year appointments who both (a) do not accrue sick leave and (b) are eligible for membership in the Teachers' and State Employees' Retirement System of North Carolina or the Optional Retirement Plan.

2.2 This policy does not apply to faculty with fiscal year (12- month) appointments, because they accrue sick leave that runs concurrently with FMLA.

2.3 All eligible faculty members are covered in accordance with FMLA, which provides unpaid leave.

3. CONTINUATION PAY

3.1 Eligible 9- month faculty are entitled to continuation pay for any base salary they would otherwise receive, for a period of up to 60 calendar days within an academic year.  The department head and/or dean is responsible for securing substitute personnel for the duration of the faculty member’s leave.

3.2 If the timing of the faculty member’s return to the department occurs during mid-semester, and the faculty member cannot assume teaching responsibilities that have been assumed by substitute personnel, the faculty member may be given alternative assignments by the department head for the remainder of the semester and will be expected to continue his/her professional development.  The department head shall take into consideration such factors as the timing of the faculty member’s return to the department within the academic year, and the teaching, research, and service responsibilities of the position. 

3.3 In the event that a faculty member has a qualifying condition and has exhausted available continuation pay, the faculty member may be eligible for disability benefits as outlined under Section 6.3.

3.4 Faculty members on leave for qualifying conditions requiring fewer than 60 days of absence will be provided continuation pay only for those days. 

3.5 Faculty members who have changed from 12 to 9 month employment status must exhaust all unused sick leave that was accrued during their 12-month employment status prior to utilizing the continuation-pay benefit provided by this policy for the remainder of the 60 days.

3.6 Leave permitted under this policy will not accumulate or carry over to the next academic year. 

3.6.1 Unused continuation pay will not be paid in the event the faculty member resigns, is separated, retires or otherwise is no longer employed with the University. 

3.6.2 Unused continuation pay cannot be used to extend years of creditable state service for retirement benefits.  However, any continuation pay allotted under this policy must be exhausted prior to receiving benefits under the Disability Income Plan of North Carolina provided to state employees.

3.7 Leave under this policy will not be applicable from May 16 through August 15. 

4. ADMINISTRATION OF LEAVE

4.1 The faculty member must complete the required leave request form and the Health Care Provider Certification form [if required] and submit to Human Resources’ University Leave Administrator; additional documentation may be required depending upon the circumstances of the leave.

4.2 The University Leave Administrator shall determine whether to provisionally approve the leave after reviewing the request. Upon receipt of required documentation, the University Leave Administrator will contact the department head and/or dean to discuss the request for leave. The University Leave Administrator will provide written notification of the approval (or denial) of the leave request to the faculty member after consultation with the department head and dean.

4.3 If the faculty member’s request for leave is denied, the University Leave Administrator must set forth all reasons for the denial in writing to the faculty member, department head and dean.  The faculty member may appeal the denial by notifying the Provost or designee in writing within ten (10) business days of receipt of the notification denying the leave.  The Provost or designee will respond to the faculty member within ten (10) business days of the receipt of the appeal request.

4.4 A faculty member must immediately notify his or her department head and/or dean in writing if he/she will not be returning from leave as planned.  Upon notice that the faculty member will not return, the department head shall work with the University Leave Administrator to facilitate the faculty member’s transition out of the workplace and to ensure the proper administration of benefits.

5. RECORD-KEEPING

Human Resources will maintain the official leave records pursuant to this policy. 

6. COORDINATION WITH OTHER POLICIES

6.1 Continuation pay authorized under this policy shall have no effect on the faculty member’s employer paid benefits, such as retirement and/or health insurance.

6.2 All periods of leave under this policy will be counted under FMLA, if applicable.  The FMLA entitlement of up to 12 weeks of leave without pay will run concurrently with any leave under this policy.

6.3 If it is anticipated that the illness or disability will require an absence from faculty duties for more than the sixty (60) calendar days, information will be made available on how to apply for salary continuation through the Disability Income Plan of North Carolina (DIPNC) and/or through other applicable voluntary supplemental disability programs.

6.4 The North Carolina Family Illness Act allows for an extension of up to 52 weeks of leave without pay during a five-year period in cases of serious illness of a child, spouse, or parent.

6.5 When a non-tenured, tenure track faculty member is granted leave under this policy for birth, adoption, or placement of a foster child or for FMLA qualifying medical conditions of 60 calendar days or more, an automatic extension of the tenure clock will be granted as defined in accordance with NCSU REG 05.20.31 Tenure Clock.

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