- Purpose
This policy provides for paid leave for faculty with academic year (9-month)
appointments for cases of a serious health condition, maternity leave, or
parental leave under the Family and Medical Leave Act which is outlined in
Policy 706 at http://www2.acs.ncsu.edu/hr/ppm706.htm.
- For serious health conditions, maternity leave and parental leave as defined
under FMLA, each eligible faculty member on a nine-month appointment shall
be provided paid leave for a maximum allowable total length of forty (40)
work days per 12-month period. Note: "Work days" are defined as
those days the University is open for business and, for the purposes of this
policy, include the work days that are between August 16 and May 15. Any unused
leave is not allowable as terminal leave payment in the event the faculty
member leaves the employment of the University, and it may not be used to
extend years of creditable state service for retirement benefits. However,
it may be exhausted prior to participation in the Disability Income Plan of
North Carolina that is provided to state employees. Employees are eligible
for short-term benefits after 1) one year of contributing membership within
the past 36 months in the Teachers' and State Employees' Retirement System
or the Optional Retirement Program, and 2) a 60-day waiting period. More information
about the disability benefit can be found at: http://www7.acs.ncsu.edu/benefits/health_welfare/disability_ins/guide_emp.asp
- Eligibility
3.1 This policy applies to all individuals employed under the provisions
of the tenure policy who have been continuously employed for more than one
year and who are eligible for participation in either the North Carolina State
Retirement System or the Optional Retirement Program. It does not apply to
faculty with fiscal year appointments. Faculty members on fiscal year appointments
are covered by the standard FML policy.
3.2 Consistent with FMLA, a faculty member with an academic year appointment
must have worked one (1) year or 1040 hours to be eligible for this benefit.
- Use of Paid Leave
4.1 The paid leave provided under this policy may be used for serious health
conditions, maternity leave and parental leave as defined under the Family
and Medical Leave Act. A faculty member who anticipates the need for a leave
should notify the department head in writing as soon as possible. In cases
of medical emergency, notice should be given as soon as practicable.
4.2 Faculty will not be penalized in their condition of employment because
they require time away from work caused by or contributed to by conditions
such as pregnancy, miscarriage, childbirth, or recovery. Disabilities resulting
from pregnancy shall be treated the same as any other covered disability.
The type and nature of the faculty member's duties during pregnancy will be
determined by the department head in consultation with the faculty member
and upon advice the faculty member receives from her physician.
4.3 Faculty who have changed from 12 to 9-month employment status within
North Carolina State University must exhaust their accumulated sick leave
accrued during their 12-month employment status prior to utilizing the benefit
provided by this policy. Refer to Policy 23.01 for more information regarding
sick leave for faculty who change from 12-month to 9-month employment status.
- Administration of Benefit
5.1. The faculty member's request for paid leave will be made in a letter
to the department head or, if the department head is not available, to the
appropriate dean or vice chancellor. The department head (or dean) may request
of the faculty member medical verification of the faculty member's health
condition, including a physician's statement about the probable length of
absence from normal duties. If the request is for the purpose of caring for
a faculty member's family member or dependent, the department head (or dean)
may also request medical verification of the health condition of that person
and may also inquire with the faculty member about the circumstances which
make it impossible or difficult for the faculty member to carry on with essential
functions.
5.2. The department head will forward the faculty member's written request
and make a recommendation in writing to the dean concerning whether to approve
the requested paid leave.
5.3. The dean is responsible for making a decision on whether to approve
paid leave after reviewing the department head's recommendation. The dean
will provide written notification of the decision to the department head
who
will, in turn, advise the faculty member of the decision along with a copy
of the dean's written notification. The dean will provide a copy of the notification
to Human Resources and to the Provost. Whenever
the dean approves leave under this policy, the dean is responsible for determining,
with the department head, an arrangement for covering the duties of the person
on leave.
5.4 All periods of paid time off under this policy will be construed as family
medical leave under FMLA. The FMLA entitlement of 12 weeks of leave without
pay will run concurrently with any period of paid time off.
5.5 Paid leave may be granted for up to a period actually required by the
disability, not to exceed forty (40) work days per 12-month period nor to
extend beyond the end of the faculty member's contract period.
5.6 If the illness or disability requires an absence from faculty duties
of longer than the forty (40) work days per 12-month period, the faculty member
may petition for a leave of absence without pay. The faculty member may also
apply to the Benefits Department for salary continuation through the Disability
Income Plan of North Carolina and through another optional disability program.
- Record-Keeping
6.1 This policy provides an important financial benefit; therefore, accurate
records must be maintained. The Human Resources and the Provost will
maintain the official records, and will make annual reports on its use to
the Executive Officers and to the Chair of the Faculty Senate by September
1 of the activity in the preceding academic year.
- Coordination with Other Policies
7.1 The terms of this policy pertain only to a leave with full pay of a maximum
of forty (40) work days within a 12-month period due to a serious health condition,
maternity leave, or parental leave. This policy is separate from the provisions
for scholarly leave without pay.
7.2 The leave with pay provided for under this policy shall have no effect
on the faculty member's other employment benefits.
7.3 Consistent with Board of Trustees' Policy 21.01 Tenure Policies and Regulations,
an untenured, tenure-track faculty member who is granted leave under the Medical,
Maternity and Parental Leave for Faculty with Academic Year Appointments Policy
is eligible for an extension of the time period for the permanent tenure decision
if the faculty member so chooses. He or she should apply for that extension
through the department head and dean to the provost at the time the paid leave
is granted. This extension shall be for the time required as governed by the
nature of the situation.
