DEPARTMENT: Human Resources POLICY DESCRIPTION: Leaves of Absence
PAGE: Page 1 of 15 REPLACES POLICY DATED: 4/1/98, 6/30/02,
12/15/02, 3/15/03, 9/1/05, 11/1/05, 8/1/07,
12/1/07
EFFECTIVE DATE: April 1, 2008 REFERENCE NUMBER: HR.OP.018 (formerly
HR.203)
SCOPE: All Company-affiliated subsidiaries including, but not limited to hospitals,
ambulatory surgery centers, outpatient imaging centers, physician practices, All About Staffing,
Corporate Departments, Groups, and Divisions (collectively, “Affiliated Employers” and
individually, “Affiliated Employer”).
PURPOSE: Affiliated employers may provide various leaves of absence to employees.
POLICY:
I. TYPES OF LEAVE:
A. EDUCATIONAL LEAVE
Consideration will be given an employee requesting a leave of absence to continue
his/her education if the employee has expressed full intention of returning to
employment.
Eligibility -Full-time regular employees with at least six months of continuous service
who seek to enroll as full-time students in a course of study that would otherwise conflict
with their normal work schedule. Enrollment in part-time, night or weekend courses will
not support eligibility.
Approval - A written request for educational leave should be submitted by the employee
to the supervisor on the appropriate Leave of Absence Request form, setting forth the
dates of the leave requested, the course of study and the educational institution at which
the study will take place. Approval for an educational leave is based on the needs of the
employer and the appropriateness of the course of study to operations.
Duration - The leave should not exceed six (6) months.
B. GENERAL MEDICAL LEAVE
(Including pregnancy leave not covered by Family Medical Leave, the Tennessee
Maternity/Paternity statute, other applicable state statutes and on-the-job injuries or
illness)
Eligibility - A medical leave of absence may be granted to a full-time or part-time
employee with at least six months of continuous service. Any accrued paid benefit time
should be run concurrently with the leave of absence and equal to the employee‟s regular,
not reduced, scheduled hours. There is no minimum service requirement for eligibility
for a leave of absence occasioned by a pregnancy-related disability, or for a disability
arising out of an on-the-job injury or illness.
3/2008
DEPARTMENT: Human Resources POLICY DESCRIPTION: Leaves of Absence
PAGE: Page 2 of 15 REPLACES POLICY DATED: 4/1/98, 6/30/02,
12/15/02, 3/15/03, 9/1/05, 11/1/05, 8/1/07,
12/1/07
EFFECTIVE DATE: April 1, 2008 REFERENCE NUMBER: HR.OP.018 (formerly
HR.203)
Approval - A written request for this leave should be submitted by the employee to the
supervisor on the appropriate Leave of Absence Request form. A physician‟s
certification will be required. The department head may approve a medical leave of
absence based on the circumstances of the request.
Duration - Medical leaves, if granted, are granted for the duration of the period of
disability, not to exceed six (6) months during a backwards-rolling twelve-month period.
If family and medical leave and general medical leave are taken during the same 12-
month period, the total combined leave time may not exceed six (6) months. An
employee‟s individual circumstance may be the basis to consider general medical leave
time beyond six (6) months. (See Family and Medical Leave guideline).
When an employee can only return to work with a temporary or permanent restriction that
affects ability to perform the essential functions of the job, the employee‟s supervisor
should consult with Human Resources in order to evaluate possible reasonable
accommodation to get the employee back to work.
Medical Verification - An Affiliated Employer reserves the right at any time to require
proof or medical verification of an employee's ability or inability to work. Such proof or
verification may include periodic reports from, or consultation with, the employee's
physician or examination of the employee at the employer‟s expense by a physician
selected by the employer. Human Resources should be consulted regarding medical
verifications.
C. TRAINING LEAVE
This policy is in compliance with the Uniformed Services Employment and Re-
employment Rights Act (USERRA) of 1994 and the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002 under which, service in a training
program authorized by the Assistant Secretary for Public Health Emergency Preparedness
shall be deemed “service in the uniformed services” for purposes of chapter 43 of title
38, United States Code (USERRA).
Non-exempt employees who must be absent for active or inactive military or National
Disaster Medical System training duty (e.g., Reserves or National Guard summer camps,
annual cruises, weekend drills, attendance at military schools or a training program
authorized by the Assistant Secretary for Public Health Emergency Preparedness) will be
granted, upon request, a leave of absence (TRAN) without pay. An exempt employee
who works any part of a work week and then reports for training is entitled to be paid for
3/2008
DEPARTMENT: Human Resources POLICY DESCRIPTION: Leaves of Absence
PAGE: Page 3 of 15 REPLACES POLICY DATED: 4/1/98, 6/30/02,
12/15/02, 3/15/03, 9/1/05, 11/1/05, 8/1/07,
12/1/07
EFFECTIVE DATE: April 1, 2008 REFERENCE NUMBER: HR.OP.018 (formerly
HR.203)
the entire work week. An employee may use PTO for training duty obligations upon
written request.
Eligibility - All employees who engage in active or inactive training duty in the
uniformed services of the United States or National Disaster Medical System.
Approval - Request for training leave should be made sufficiently in advance of the
projected beginning of the leave to enable the employer to adjust the work schedule
accordingly. The employee should use the appropriate Leave of Absence Request form.
The employee should be placed in an 05-Leave of Absence status using the
1LOASTART personnel action and the appropriate reason code (LOA-P-TRAN, LOA-
Paid-Training Milt DMAT, or LOA-U-TRAN, LOA-Unpaid-Training Milt DMAT).
Duration - Leave will be granted for the period of the training.
D. ACTIVE DUTY LEAVE
This policy is in compliance with the Uniformed Services Employment and Re-
employment Rights Act (USERRA) of 1994 and the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002 under which, service as an
appointee when the Secretary of Health and Human Services activates the National
Disaster Medical System shall be deemed „service in the uniformed services‟ for
purposes of Chapter 43 of Title 38, United States Code (USERRA).
All classifications of employees (Full Time, Part Time, PRN, and Temporary) are
covered by USERRA. Former employees of affiliates with five (5) years or less of
military service or employees returning from active duty leave have a right to be re-
employed or reinstated to the same or comparable position held prior to the period of
active duty, including restoration of rate of pay and benefits that would have been
attained had the employee not been absent due to active duty military service.
Beyond the scope of USERRA, it is the intent of this policy to make employees called to
active military duty or service as an intermittent disaster response appointee, other than
routine training, “whole” in terms of missed compensation while on active duty.
Employees‟ compensation will be offset in circumstances where normal pay is greater
than military or National Disaster Medical System pay while on active duty.
Payments will be calculated based on the difference between the employee‟s gross
regular pay (including shift differentials) at the time of activation and his/her gross pay
from the military or National Disaster Medical System. Therefore, regular gross pay will
3/2008
DEPARTMENT: Human Resources POLICY DESCRIPTION: Leaves of Absence
PAGE: Page 4 of 15 REPLACES POLICY DATED: 4/1/98, 6/30/02,
12/15/02, 3/15/03, 9/1/05, 11/1/05, 8/1/07,
12/1/07
EFFECTIVE DATE: April 1, 2008 REFERENCE NUMBER: HR.OP.018 (formerly
HR.203)
be based on the employees‟ scheduled hours and shifts at time of activation. Overtime
hours are not included in the calculations; only regular hours, shift differentials, and any
applicable other premium pay such as certification differentials, are to be included.
Eligibility - Regular Full Time and Regular Part Time employees who have been served
with Activation Orders to report to active duty within their component (USA, USMC,
USN, USAF, USCG, National Disaster Medical System, etc). Temporary and PRN
employees are not eligible.
Procedure for Supplemental Military Pay
Employees who report for active duty may be eligible for supplemental pay to the extent
their gross regular pay (including shift differentials) exceeds their gross pay from the
military.
To determine the pay for employees on military leave, access www.dfas.mil then select
the Military pay Table link. Locate the employee‟s military rank in column one (pay
grade) then locate their cumulative years of service with the military across the top.
NOTE: The employee‟s military years of service should be located on their “JUMPS”
(Joint Uniform Military Pay System) statement. The intersection of pay grade (rank) and
years of service in this table identifies the employee‟s basic pay.
Once employees are able to provide specific proof of pay received from the military, a
determination can be made as to whether supplemental pay is applicable. If so, work
with the PSC payroll processor who can help calculate the appropriate supplemental
payments.
Procedure for Supplemental National Disaster Medical System Pay
Employees activated under the National Disaster Medical System may be eligible for
supplemental pay to the extent their gross regular pay (including shift differentials)
exceeded the pay received from the National Disaster Medical System. Use the link
http://www.opm.gov/oca/05tables/indexGS.asp to determine the pay for employees
activated under the National Disaster Medical System. Use the employee‟s GS grade for
their National Disaster Medical System title of position. This information must be taken
from the employee‟s National Disaster Medical System Activation Orders.
All Disaster Medical Assistance Team (DMAT) positions are paid at Step 1 of the GS
Grade for their respective National Disaster Medical System title of position.
The tables at the above link are set up for either annual or hourly rates, so one may need
3/2008
DEPARTMENT: Human Resources POLICY DESCRIPTION: Leaves of Absence
PAGE: Page 5 of 15 REPLACES POLICY DATED: 4/1/98, 6/30/02,
12/15/02, 3/15/03, 9/1/05, 11/1/05, 8/1/07,
12/1/07
EFFECTIVE DATE: April 1, 2008 REFERENCE NUMBER: HR.OP.018 (formerly
HR.203)
to calculate the differential if the employee is on a bi-weekly or hourly pay schedule.
Once employees are able to provide specific proof of pay received from the National
Disaster Medical System, a determination can be made as to whether supplemental pay is
applicable. If so, work with the PSC payroll processor who can help calculate the
appropriate supplemental payments. All payments will be subject to taxes and other
applicable withholdings.
Procedure for Coding the Active Duty Leave
1. Access the Lawson Human Resource Management System (HRMS)
2. Access PA52.1 Individual Action
3. Select the Employee from the drop down box provided
4. Select 1LOASTART from the drop down box provided in the Action, Nbr field
5. Populate the Effective Date field with the day following their last physical day at
work
6. Select the Reason code “LOA-P-ACTV” from the drop down box provided
7. Click Inquire.
8. Access the Selected Items 1 tab
9. Populate the Status “change to” field with 05
10. Populate the 01-LOA REASON “change to” field with LOA-P-ACTV
11. Populate the 01-LOA EXP RETURN “change to” field with the employee‟s
expected return date (cannot be blank)
12. Click [Add]; validate “Add complete –continue” in status bar
3/2008
DEPARTMENT: Human Resources POLICY DESCRIPTION: Leaves of Absence
PAGE: Page 6 of 15 REPLACES POLICY DATED: 4/1/98, 6/30/02,
12/15/02, 3/15/03, 9/1/05, 11/1/05, 8/1/07,
12/1/07
EFFECTIVE DATE: April 1, 2008 REFERENCE NUMBER: HR.OP.018 (formerly
HR.203)
For questions about this procedure, contact IT&S Customer Support at
1-800-265-8422, option 4, then 1.
General Guidance for Benefits Continuation While on Active Duty Leave – (See
Attachment A).
E. PERSONAL LEAVE
A personal leave of absence may be approved for a variety of reasons. A Supervisor may
allow an employee personal leave for situations that in management's view, require it.
Eligibility - An approved personal leave of absence may be granted to regular full-time or
part-time employees with at least six (6) months of continuous service. If any portion of
the leave is paid, the employee‟s regularly scheduled hours, not reduced hours, are
charged to PTO and the premiums normally paid by the employee, while working, will be
deducted from such pay.
3/2008
DEPARTMENT: Human Resources POLICY DESCRIPTION: Leaves of Absence
PAGE: Page 7 of 15 REPLACES POLICY DATED: 4/1/98, 6/30/02,
12/15/02, 3/15/03, 9/1/05, 11/1/05, 8/1/07,
12/1/07
EFFECTIVE DATE: April 1, 2008 REFERENCE NUMBER: HR.OP.018 (formerly
HR.203)
Approval - A written request for a personal leave of absence should be submitted on the
appropriate Leave of Absence Request form by the employee to the supervisor prior to
the commencement of the leave. Approval will be granted by the department head based
on the circumstances surrounding the request.
Duration - The leave should not exceed six (6) months.
F. LEAVES OF ABSENCE (FAMILY AND MEDICAL LEAVE)
The Family and Medical Leave Act provides that eligible employees are entitled to a total
of twelve (12) weeks of unpaid leave during a backwards-rolling twelve-month period for
any one, or more, of the following reasons:
1) The birth of a son or daughter, and to care for the newborn child;
2) The placement with the employee of a son or daughter for adoption or foster care, and
to care for the newly placed child;
3) To care for the employee's spouse, son, daughter, or parent with a serious health
condition;
4) Because of a serious health condition that makes the employee unable to work.
5) Because of any qualifying exigency arising out of the fact that the spouse, or a son,
daughter, or parent of the employee is on active duty (or has been notified of an
impending call or order to active duty) in the Armed Forces in support of a
contingency operation.
When an employee can only return to work with a temporary or permanent restriction
that affects ability to perform the essential functions of the job, the employee‟s supervisor
should consult with Human Resources in order to evaluate possible reasonable
accommodation to get the employee back to work.
Leave Entitlement - Leave for birth or placement of child for adoption or foster care must
be taken within 12 months of birth or placement. When both spouses are employed by an
Affiliated Employer they are limited to a combined total of 12 work weeks during a
backwards rolling 12-month period if leave is taken for birth or placement of a child for
adoption or foster care.
Service member family leave: An eligible employee who is the spouse, son, daughter,
parent or next of kin of a covered service member shall be entitled to a total of 26
workweeks of leave during a 12-month period to care for the service member. The leave
described in this paragraph shall only be available during a single 12-month period.
During this single 12-month period, an eligible employee shall be entitled to a combined
3/2008
DEPARTMENT: Human Resources POLICY DESCRIPTION: Leaves of Absence
PAGE: Page 8 of 15 REPLACES POLICY DATED: 4/1/98, 6/30/02,
12/15/02, 3/15/03, 9/1/05, 11/1/05, 8/1/07,
12/1/07
EFFECTIVE DATE: April 1, 2008 REFERENCE NUMBER: HR.OP.018 (formerly
HR.203)
total of 26 workweeks leave under section F-1 through F-5 including the service member
leave described in this paragraph. However, nothing in this paragraph shall be construed
to limit the availability of leave under sections F-1 through F-5 during any other 12
month period.
Family and medical leave need not always be taken in one continuous leave period.
Leave may be taken "intermittently" or on a "reduced schedule" basis under certain
circumstances. Intermittent leave is leave taken in separate blocks of time due to a single
illness or injury, rather than for one continuous period of time. A reduced schedule leave
is a leave that reduces an employee's number of scheduled working hours per day or per
week.
Intermittent or reduced schedule leave for a birth or placement of a child for adoption or
foster care may be approved by the employee's department head if staffing and workload
permit. Intermittent or reduced schedule leave to care for a qualified sick family member
or for an employee's own serious health condition will be approved if the leave is
medically necessary.
An employee who has a serious health condition and is unable to return to work after 12
weeks of family and medical leave may be placed on a general medical leave. (See
general medical leave guideline).
Serious Health Condition - An illness, injury, impairment or physical or mental condition
that involves either:
Any period of incapacity or treatment connected with inpatient care (i.e., an overnight
stay) in a hospital, hospice, or residential medical care facility, and any period of
incapacity or subsequent treatment in connection with such inpatient care; or continuing
treatment by a health care provider which includes any period of incapacity (i.e., inability
to work, attend school, or perform other regular daily activities) due to:
1. A health condition (including treatment therefore, or recovery therefrom) lasting
more than three consecutive calendar days, and any subsequent treatment or
period of incapacity relating to the same condition, that also includes:
a) treatment two or more times by or under the supervision of a health care
provider; or
b) one treatment by a health care provider with a continuing regimen of
treatment; or
2. Any period of incapacity due to pregnancy or for prenatal care. A visit to the
health care provider is not necessary for each absence; or
3. A chronic serious health condition which continues over an extended period of
3/2008
DEPARTMENT: Human Resources POLICY DESCRIPTION: Leaves of Absence
PAGE: Page 9 of 15 REPLACES POLICY DATED: 4/1/98, 6/30/02,
12/15/02, 3/15/03, 9/1/05, 11/1/05, 8/1/07,
12/1/07
EFFECTIVE DATE: April 1, 2008 REFERENCE NUMBER: HR.OP.018 (formerly
HR.203)
time, requires periodic visits to a health care provider, and may involve
occasional episodes of incapacity (e.g., asthma, diabetes). A visit to a health care
provider is not necessary for each absence; or
4. A permanent long-term condition for which treatment may not be effective (e.g.,
Alzheimer‟s, a sever stroke, terminal cancer). Only supervision by a health care
provider is required, rather than active treatment; or
5. Any absences to receive multiple treatments for restorative surgery or for a
condition which would likely result in a period of incapacity for more than three
days if not treated (e.g., chemotherapy or radiation treatments for cancer).
Eligibility - An eligible employee is one who has been employed for at least 12 months,
has at least 1,250 hours of service during the 12-month period immediately preceding the
date of the requested leave, and who expresses an intent to return to work after the leave.
Approval - An employee desiring to take family and medical leave must give at least 30
days advance notice prior to commencement of leave, if the need for leave is foreseeable.
If the need for leave was not foreseeable, and/or 30 days is not possible, the employee
must give as much notice as is possible under the circumstances. The employee should
give at least verbal notification to the employer within one or two business days after the
need for leave becomes known. The employer may delay the taking of FMLA leave until
at least thirty (30) days after the date that notice is provided except in extraordinary
circumstances where such notice is not feasible.
A written request for leave should be submitted by the employee to the Supervisor. The
request should set forth the reasons for the leave, the anticipated start and the duration of
the leave.
When planning medical treatment, the employee should consult with the health care
provider and his/her Supervisor, before scheduling treatment, in order to prevent undue
disruption of department operations.
Medical Certification - A health care provider‟s certification will be required to support a
request for leave. Second or third opinions may also be required at the employer‟s
expense. It is the employee‟s responsibility to return both the health care provider
certification as well as the Leave of Absence Request form to Human Resources within
fifteen (15) days of receipt of the form. A delay in the return of the required documents
and certification may result in the leave being denied or postponed.
3/2008
DEPARTMENT: Human Resources POLICY DESCRIPTION: Leaves of Absence
PAGE: Page 10 of 15 REPLACES POLICY DATED: 4/1/98, 6/30/02,
12/15/02, 3/15/03, 9/1/05, 11/1/05, 8/1/07,
12/1/07
EFFECTIVE DATE: April 1, 2008 REFERENCE NUMBER: HR.OP.018 (formerly
HR.203)
Subsequent re-certifications may also be requested of the employee at periodic intervals
which are no more often than the minimum duration of the period of incapacity specified
on the health care provider‟s certification or every thirty (30) days, whichever is greater,
in order to update the leave record and justify the continuation of the leave. Re-
certification requests must be in connection with an absence by the employee unless
circumstances described by the previous certification have changed significantly,
information is received casting doubt upon the employee‟s stated reason for absence or
the employee requests an extension of the leave. Failure to comply with the requests for
re-certification may result in the leave being cancelled. A new certification may be
required twelve (12) or more months following certification if leave is requested for the
same serious health condition.
A fitness for duty or physician‟s release to return to work will be required when the leave
has been taken due to the serious health condition of the employee. An employee will
not be returned to work without the proper documentation from the health care provider.
Failure to submit a fitness for duty certification may result in the denial of restoration to
employment following FMLA leave.
Reinstatement - An employee should provide the employer with periodic reports
concerning intent to return to work. An employee should give the employer at least two
(2) days notice of intent to return to work earlier than anticipated. An eligible employee
who returns from family and medical leave taken in accordance with this guideline will
be reinstated to his/her former position, or to an equivalent position with equivalent pay,
benefits, and working conditions. Taking of FMLA leave does not entitle the employee
to any lesser or greater right to be restored to his/her position, or an equivalent position
than the right the employee otherwise would have had if FMLA had not been taken (e.g.,
during a reduction in force or organizational redesign).
Key Employee - Reinstatement may not always be possible for certain salaried "key
employees." If the employer determines that reinstatement of a "key employee" would
cause substantial and grievous economic injury to the operations of the employer,
reinstatement may be denied.
An employee requesting leave will generally be notified, at the time of the request, of
his/her status as a "key employee" and the potential consequences with respect to
reinstatement following the leave. If such notice cannot be given immediately, because
of the employer‟s need to determine whether the employee is a key employee, notice will
be given as soon as practicable after receipt of the leave request (or the commencement
of leave, if earlier).
3/2008
DEPARTMENT: Human Resources POLICY DESCRIPTION: Leaves of Absence
PAGE: Page 11 of 15 REPLACES POLICY DATED: 4/1/98, 6/30/02,
12/15/02, 3/15/03, 9/1/05, 11/1/05, 8/1/07,
12/1/07
EFFECTIVE DATE: April 1, 2008 REFERENCE NUMBER: HR.OP.018 (formerly
HR.203)
If the employer determines, after the leave has begun, that it will not be able to reinstate
the key employee at the end of the leave, it will so notify the employee in writing and
give the employee a reasonable time in which to return to work. If the key employee
elects not to return to work, (if the leave has already begun) after receiving notification of
the employer‟s intent to deny reinstatement, the employee's eligibility for reinstatement
will be governed by the guideline for reinstatement from general medical leave.
In such a case, the key employee's insurance coverages continue in effect throughout the
entire family and medical leave in accordance with the Benefits Continuation section of
this guideline.
Benefits Continuation - An employee on an approved family and medical leave may
continue group insurance coverages during the leave. If any portion of the leave is paid,
the employee‟s regularly scheduled hours, not reduced hours, are charged to EIB or PTO
(per the affiliated employer‟s PTO/EIB usage policy) and the premiums normally paid by
the employee, while working, will be deducted from such pay.
If the leave is unpaid, or paid benefit time is exhausted before completion of the leave,
the medical and dental premiums normally paid by the employee will be paid directly to
LifeTimes Connection during the unpaid leave period. Employees who desire to
continue other coverages (e.g., life insurance and LTD) during an unpaid leave must pay
the full premium amount (company and employee premiums) to LifeTimes Connection
during the unpaid leave period. LTD can only be continued if LOA is due to employee
illness.
Premiums are due on a monthly basis, in advance of the coverage period. An employee's
failure to pay his/her portion of the insurance premiums will result in termination of the
coverages, after proper notice, at the end of the thirty days following commencement of
the leave, or at the end of thirty days following the date premiums became due.
An employee who fails to return to work, following a family and medical leave, for
reasons other than health conditions or some other reason beyond the employee's control,
is required to reimburse the employer for premiums paid by the employer to continue the
employee's insurance coverage during the unpaid portion of the leave.
Employees may choose not to continue insurance coverages during leave. If an employee
elects not to continue coverage his/her coverage will be reinstated, upon the employee's
return from leave, to the same coverage levels that were in effect prior to the leave. The
employee's coverage will be reinstated on the date of return from leave without any
3/2008
DEPARTMENT: Human Resources POLICY DESCRIPTION: Leaves of Absence
PAGE: Page 12 of 15 REPLACES POLICY DATED: 4/1/98, 6/30/02,
12/15/02, 3/15/03, 9/1/05, 11/1/05, 8/1/07,
12/1/07
EFFECTIVE DATE: April 1, 2008 REFERENCE NUMBER: HR.OP.018 (formerly
HR.203)
waiting period, evidence of insurability, or pre-existing condition exclusion.
G. STATE SPECIFIC LEAVE LAWS
Leave for employees working in California, Florida or Tennessee will be
governed by applicable state law on Atlas at:
http://atlas2.medcity.net/portal/contentuid/c80547b5e11f8988b3bd1427ac01a1a0/
STATE%20LEAVE%20LAW.doc.
II. GENERAL GUIDANCE FOR EMPLOYEE BENEFIT PARTICIPATION WHILE
ON LEAVE
A. LEAVES OTHER THAN ACTIVE DUTY
An employee on an approved leave of absence may continue group insurance coverages
during the leave (not to exceed six months). In order to ensure that benefits are continued
through an unpaid Leave of Absence, the Supervisor will generate a “Start Leave”
Personnel Action (PA) indicating the date the unpaid leave will begin. The employee
will be notified by LifeTimes Connection regarding premium payments for certain
benefits. Refer to the Summary Plan Description for more information.
Human Resources should send written notification to an employee who is a participant in
the Long Term Disability (LTD) plan to advise the employee to consider filing a claim
during the fourth month of the employee‟s general medical leave.
B. LEAVES FOR ACTIVE DUTY
General Guidance for Benefits Continuation While on Active Duty Leave – (See
Attachment A)
III. REINSTATEMENT FOLLOWING LEAVE (OTHER THAN ACTIVE DUTY AND
FAMILY AND MEDICAL LEAVE)
Notice of Request for Reinstatement - An employee who is absent on medical leave
should notify the employee's Supervisor of availability to return to work immediately upon
being released to return to work by the employee's doctor. An employee who desires to
return from another type of leave of absence prior to the date the leave was due to expire
should submit written notice of the desire to return to work to the Supervisor at least
fourteen (14) calendar days before the desired return date.
IV. BENEFITS AT REINSTATEMENT (OTHER THAN ACTIVE DUTY, FAMILY
MEDICAL LEAVE OR MATERNITY/PATERNITY LEAVE)
Upon return to work with the employer, the employee's accrued service may be adjusted to
reflect the length of absence. If an employees pay rate upon return from a leave of absence
is different from his/her pay rate prior to the leave of absence, any vacation or sick leave
benefits will be paid at the pay rate in effect at the time they are used. Any sick leave
3/2008
DEPARTMENT: Human Resources POLICY DESCRIPTION: Leaves of Absence
PAGE: Page 13 of 15 REPLACES POLICY DATED: 4/1/98, 6/30/02,
12/15/02, 3/15/03, 9/1/05, 11/1/05, 8/1/07,
12/1/07
EFFECTIVE DATE: April 1, 2008 REFERENCE NUMBER: HR.OP.018 (formerly
HR.203)
accrued but not used at the end of the leave of absence shall become available to the
employee upon return to work in a classification to which this benefit is applicable.
V. REINSTATEMENT AND BENEFITS FOLLOWING ACTIVE DUTY LEAVE,
TRAINING LEAVE, OR FAMILY AND MEDICAL LEAVE
Reinstatement from active duty leave, training leave, family and medical leave or
maternity/paternity leave shall be granted in accordance with state and federal law.
VI. USE OF ACCRUED BENEFIT TIME DURING LEAVE
An eligible employee is entitled to twelve (12) weeks of FMLA and four (4) months (in
Tennessee) of maternity/paternity leave run concurrently, when appropriate, whether or
not the employee has accrued paid benefit time. In those cases where employees have
accrued paid benefit time, (i.e., EIB or PTO), this paid time should be run concurrently
with the leave of absence. Paid benefit time may be used only if the usage is consistent
with the employer‟s earned benefit time utilization guidelines or practice, (e.g., An
employee who would not otherwise be eligible for EIB pay may not apply these benefits to
their FMLA). See Paid Time Off Policy.
If the leave is due to an employee's own serious medical condition, the employee must use
all available EIB benefits before being placed on unpaid leave status. However, the entire
leave period whether paid or unpaid will be counted toward the 12-week maximum
Family and Medical Leave provided by the employer or, when appropriate, the four (4)
month Tennessee Maternity/Paternity Leave period.
VII. ACCRUAL OF BENEFITS WHILE ON LEAVE
Benefits such as PTO and EIB do not continue to accrue during any unpaid portion of a
leave of absence. However, employees retain benefits accrued prior to, but not used
during, the leave. The employee's credit for length of service is protected, but the
employee's anniversary date may be adjusted to reflect the time away from work.
VIII. MEDICAL CERTIFICATION (OTHER THAN FMLA)
The employer requires medical certification of an employee‟s condition or, in the case of
leave to care for a qualified, seriously ill family member, that the requested leave is
medically necessary. In addition, an employee may be required to submit periodic medical
re-certifications to the employer, on a reasonable basis, throughout the leave period.
Failure to provide medical certification may result in the leave not being approved or
extended.
3/2008
DEPARTMENT: Human Resources POLICY DESCRIPTION: Leaves of Absence
PAGE: Page 14 of 15 REPLACES POLICY DATED: 4/1/98, 6/30/02,
12/15/02, 3/15/03, 9/1/05, 11/1/05, 8/1/07,
12/1/07
EFFECTIVE DATE: April 1, 2008 REFERENCE NUMBER: HR.OP.018 (formerly
HR.203)
The employer may require an employee, at the employer‟s expense, to obtain a second
medical opinion. The employer in such cases will designate the health care provider to
furnish the second opinion. If the first and second opinions differ, the employer may
require the employee to obtain a medical opinion from a third health care provider, again
at the employer‟s expense. The third healthcare provider will be jointly selected by the
employer and the employee. The third opinion is final and binding.
IX. FITNESS FOR DUTY (OTHER THAN FMLA)
A fitness for duty or physician‟s release to return to work will be required when general
medical leave has been taken. An employee will not be returned to work without the
proper documentation from the health care provider. Failure to submit a fitness for duty
certification may result in the denial of restoration to employment following the leave of
absence.
X. WORKING WHILE ON LEAVE
Employees may not work in any capacity (whether for another employer or with the
affiliated employer) without prior written consent from Human Resources during
Educational, General Medical, Training, Active Duty and/or Personal Leave. Failure to
obtain prior written consent from Human Resources may result in disciplinary action up to
and including termination.
The interpretation of this or any Human Resource policy rests with the Human Resource
Department which reserves the right to modify, change or discontinue the policy at any time.
PROCEDURE:
1. The Supervisor will advise the employee of his/her potential eligibility for a leave of
absence when either the qualifying event becomes known to the Supervisor, the employee
requests a leave of absence or the employee has been off work for greater than 3 consecutive
work days.
2. The Supervisor should contact the Human Resources Department with any questions
regarding leave eligibility.
3. The Supervisor will generate a “Start Leave” Personnel Action (PA) upon notification or
determination of leave eligibility. The effective date should be the first scheduled work day
missed. Paid or unpaid leave hours should be recorded in the Kronos system using
established “No Pay” codes to allow proper tracking of leave eligibility.
3/2008
DEPARTMENT: Human Resources POLICY DESCRIPTION: Leaves of Absence
PAGE: Page 15 of 15 REPLACES POLICY DATED: 4/1/98, 6/30/02,
12/15/02, 3/15/03, 9/1/05, 11/1/05, 8/1/07,
12/1/07
EFFECTIVE DATE: April 1, 2008 REFERENCE NUMBER: HR.OP.018 (formerly
HR.203)
4. The Supervisor will submit the appropriate supporting documentation to the Human
Resources Department.
5. Human Resources will approve or deny the PA based on review of the Leave of Absence
supporting documentation provided.
6. The Supervisor should record any change or adjustment to the employee‟s leave by
completing a “Change Leave Information” PA. This would include the type of leave (i.e.,
Paid to Unpaid, FMLA to General Medical, etc.) as well as changes to the expected return
date.
7. The Supervisor will ensure that a physician‟s release to return to work is received from the
employee before being returned to the job. The medical release should be forwarded to the
Human Resources Department.
8. The Supervisor should complete a “Return from Leave” PA to return the employee in the
HR system when the employee returns to work.
9. The Supervisor should consult with Human Resources in order to evaluate possible
reasonable accommodation to get the employee back to work when an employee can only
return to work with a restriction that affects the ability to perform the essential functions of
the job.
10. Otherwise, the Supervisor should complete a “Termination” PA if the employee fails to
return to work after exhausting the leave benefit.
REFERENCES:
Recruitment Policy, HR.101
Family and Medical Leave Act of 1993
Tennessee Family and Medical Leave Act
Americans with Disabilities Act
Uniformed Services Employment and Reemployment Rights Act
Public Health Security and Bioterrorism Preparedness and Response Act of 2002
3/2008
Active Duty
Leave of Absence
Continuation of Benefits
Topic Comments Continue End Date
(Y/N)
Direct Deposit Continue current arrangement in place, contact local payroll for changes. Y N/A
Salary review date Salary adjusted to reflect merit increases employee would have received N/A N/A
if not for the leave.
PTO accrual Employee continues to earn PTO through the period of active duty, but Y N/A
not to exceed the plan maximum.
PTO cash out Employee may cash out within the terms of the PTO policy. N/A N/A
Medical Coverage continues through the end of the month in which the Y End of month
employee works. Employees have the option to continue benefits following last
through Direct Bill and Payment to Lifetimes. Premium notices will work day
be sent to current address on file. UNLESS
they opt to
Dependents eligible for TRICARE; if employer plans are continued continue
through above process employer plans are primary to TRICARE. through
Direct Bill
and Payment
Dental Same as Medical Y Same as
Medical
Benefit premium Through LifeTimes Direct Bill and Payment, employees will be billed at Y N/A
costs their current “active” rate.
Employee Life May be continued during active duty leave. Employee has the option to Y N/A
continue benefits through Direct Bill and Payments to LifeTimes.
Premium notices will be sent to current address on file
Employee AD&D Will not cover death or disability due to acts of declared/undeclared war N Last work day
or reserve duty.
Dependent Life May be continued during active duty leave. Employee has the option to Y N/A
continue benefits through Direct Bill and Payments to LifeTimes.
Premium notices will be sent to current address on file
LTD Unable to continue since no longer actively at work. No COBRA or N Last work day
conversion option.
Reinstatement Reinstated upon return to work with no waiting period other than those N/A N/A
(Health & Group) expenses as a result of disease, defect or injury caused by war,
declared/undeclared; protected for up to five years. If life is not
continued during active leave, evidence of insurability may be required.
401(K) Deferrals on compensation during leave are not allowed. However, N* Last work day
rollovers into the plan would be allowed. Loan payments will be
suspended until reinstatement. If eligible, employee will be allowed to
take in-service withdrawals including hardship distributions. Employee
will maintain investment discretion over the account. Certain “catch up”
contributions allowed upon reinstatement. Vesting service will be
updated with active duty service upon reinstatement.
3/2008
Attachment to HR.OP.018
Active Duty
Leave of Absence
Continuation of Benefits
Topic Comments Continue End Date
(Y/N)
Retirement Plan Annual contribution(s) will be made based on pre-active duty leave pay. N* Last work day
Contribution(s) based on Active Duty Military Leave rate of pay will be
made after reinstatement. Vesting service will be updated with military
service upon reinstatement.
Job security Reinstatement to original position if return to work in less than 91 days. Y N/A
Reinstatement to original or comparable position if return to work in 91
or more days.
Seniority No break in service for time spent on active duty Y N/A
Employee Available to employee and dependents Y N/A
Assistance
Program
Flexible Spending Dependent Care Flexible Spending N **
Accounts** Health Care Flexible Spending Account Y **
* Special rules for bridging service apply upon reinstatement.
** Flexible Spending Account rules apply:
Dependent Care contributions will not continue, claims may still be reimbursed up to the balance of the
account
Health Care contributions may continue through Direct Bill & Payment
3/2008
Attachment to HR.OP.018