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family care and medical leave - USC Policy - University of Southern

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					FAMILY CARE AND MEDICAL LEAVE (FCML) (UNPAID)

All employees who have been employed by the university at least twelve (12) months by the start
of the leave and have worked at least 1,250 hours during the twelve (12) month period
immediately preceding commencement of the leave are eligible. Additional provisions for faculty
may apply and may be found in the Faculty Handbook.

The university’s family care and medical leave policy adheres to the requirements of the
California Family Rights Act of 1991 and Amendment of 1993 (CFRA), and the Federal Family
and Medical Leave Act of 1993 (FMLA). Family Care Medical Leave (FCML), CFRA leave and
FMLA leave run concurrently, with the exception of pregnancy-related disabilities, and FCML runs
concurrently with paid disability leave for eligible employees up to a total leave not to exceed
twelve (12) weeks.

FCML, CFRA leave and FMLA leave are unpaid. If leave is requested for an employee's own
serious health condition, the employee may be required to use all of his or her accrued paid
vacation or sick leave. FMLA runs concurrently with paid disability leave for eligible employees.
If leave is requested for any of the other reasons listed below at items a) through c), an employee
may be required to use all of his or her accrued paid vacation leave. The remainder of the leave
period will then consist of unpaid leave.

A dean or supervisor must inform the employee of his or her rights under this policy when that
employee raises an issue that may qualify him or her for FCML. Any leave counted against the
allowable twelve (12) weeks for FCML must be designated in advance, in writing, by the
supervisor. Questions regarding this policy as it applies to staff employees should be directed to
Personnel Services on the University Park campus at (213) 437-1811 or on the Health Sciences
campus at (323) 442-1010. Questions regarding this policy as it applies to faculty should be
directed to the Vice Provost for Faculty Affairs at (213) 740-6715. Related sample letters are
available on the University Policies Web site (www.usc.edu/policies).

Eligible employees may request or shall be considered on a leave of absence for the following
reasons:

a) the birth of the employee's child or to care for such a child;

b) the placement of a child with the employee through adoption or foster care;

c) to care for a parent, spouse, or child who has a serious health condition; or

d) the employee's own serious health condition that makes the employee unable to perform his
   or her job duties.

For purposes of this policy, the following definitions are used:

        Child (under age 18) - biological, adopted, foster, stepchild, legal ward; or an adult
        dependent child incapable of self-care due to a physical or mental disability.

        Parent - biological, foster or adoptive parent, a stepparent, a legal guardian or other
        person who stood in loco parentis to the employee when the employee was a child. It
        does not include parents-in-law.

        Spouse - a partner in marriage as defined in Family Code section 300.




                                       University of Southern California

                          Issued By:         Dennis F. Dougherty
                                             Senior Vice President for Administration
                          Date Effective:    July 1, 2002
                                             Page 1 of 4
        Serious Health Condition - an illness, injury, (including on-the-job injuries) impairment or
        physical or mental condition of the employee or a child, parent or spouse of the
        employee, that involves inpatient care in a hospital, hospice or residential medical care
        facility; or continuous treatment by a health care provider.

        Health Care Provider - doctor of medicine or osteopathy authorized to practice medicine
        or surgery in the state in which the doctor practices; podiatrist, dentist, clinical
        psychologist, optometrist, chiropractor, nurse practitioner, and nurse-midwives, if
        authorized to practice under state law; or, Christian Science practitioners listed with the
        First Church of Christ, Scientist in Boston, Massachusetts.

        Continuing Treatment - includes two or more visits to a health care provider, or two or
        more treatments by a health care practitioner on referral from or under the direction of a
        health care provider, or single visit to a health care provider that results in a schedule of
        continuing treatment under that provider's supervision, or under the continuing
        supervision of a health care provider.

        Comparable Position - the same or equivalent position and pay rate, at the same or
        similar location, as the employee held prior to the leave.

LENGTH OF FAMILY CARE AND MEDICAL LEAVE

Eligible employees may request up to twelve (12) weeks of unpaid FCML within any twelve (12)
month period. To meet the requirement of providing twelve (12) weeks of leave in any twelve
(12) month period, a rolling twelve (12) month period measured backward from the date the
employee uses any FCML is utilized. Staff employees on a pregnancy related leave, should refer
to the staff Pregnancy Leave Policy. Faculty should refer to the Faculty Handbook.

LEAVE CONDITIONS

An employee intending to request family care or medical leave must submit an application for
leave, to his or her dean or supervisor, at least thirty (30) days in advance, or as soon as the
necessity for the leave arises. A request for FCML may be disapproved if the employee
requesting the leave is not considered eligible.

If the request is due to the serious illness of the employee, the request must be accompanied by
a certification from a licensed medical practitioner. It must include the beginning and probable
ending dates of the illness and state that the employee is unable to perform his or her job due to
the serious health condition.

When the leave is foreseeable and a thirty (30) days' notice is given, the employee should
provide the certification before the leave begins. When this is not possible, the certification must
be provided within the time frame requested by the dean or supervisor. If circumstances do not
allow this, the dean or supervisor must allow the employee at least fifteen (15) calendar days
from the date requested to provide the certification.

Approval may be conditioned on the employee submitting to a second examination by a qualified
medical practitioner chosen by the university. If the first and second examinations conflict, the
department may require a third and binding examination by a health care provider mutually
agreed upon by the employee and the university. It is the responsibility of the department to pay
for the second and third examinations. Updated statements may be required if the period of time
covered by the initial certification expires.




                                       University of Southern California

                          Issued By:         Dennis F. Dougherty
                                             Senior Vice President for Administration
                          Date Effective:    July 1, 2002
                                             Page 2 of 4
An employee cannot be denied FCML because his or her salary is among the university's top
10% of highest paid employees. However, a staff employee can be denied restoration of his or
her position following the leave if such reinstatement would cause the department substantial and
grievous economic injury. The staff employee must be notified of this before taking the leave.

If the request for leave is due to the serious illness of an eligible family member it must be
accompanied by a medical certification from a health care provider that the condition warrants the
participation of the employee, an estimate of the time involved, the probable duration of the
medical condition and the date the condition commenced. The employee's written request must
include the employee's intent to return to work and the expected date of return. Updated
statements may be required if the period of time covered by the initial certification expires.

If the request for leave is for the birth of the employee's child, or for the placement of a child with
the employee through adoption or foster care, it must be started within one year of the child's
arrival. If both parents are employed by the university, the combined total leave is limited to
twelve (12) weeks in any twelve (12) month period.

INTERMITTENT LEAVE

Leave for a serious health condition of the employee, the employee's child, spouse, or parent
may be taken intermittently or on a reduced work schedule by the employee working fewer days
in a week or working fewer hours in a day provided such a schedule is medically necessary.
Medical certification including the expected length and schedule of the leave may be required.
The medical certification requirement would be satisfied with a description of the treatment plan of
the serious health condition. The supervisor may temporarily transfer a staff employee to another
position for which the employee is qualified and which could better accommodate recurring
periods of leave; the staff employee must receive equivalent pay and benefits. Employees must
try to set their leave schedule so as not to disrupt the department's operations.

Employees who need to take occasional time off to transport the patient for medical treatment or
to participate in the care must make every reasonable effort to schedule such time away from
work to avoid disruption to the department.

When the employee takes leave on an intermittent basis or on a reduced work schedule, only the
time actually taken for FCML will be charged against the total leave time to which the employee is
entitled.

BENEFITS

While on FCML, a benefits-eligible employee may elect to continue participation in health and
dental plans and the university will continue to pay its portion just as though the employee
remained in pay status. The employee must contact the Office of Benefits Administration on the
University Park campus or Personnel Services on the Health Sciences campus to make
arrangements to continue benefits coverage. The employee must pay his or her contributions by
the end of each month. After thirty (30) days of non-payment of the employee's portion, the
benefits will be cancelled. If the employee does not return from FCML, the university may
recover amounts paid on behalf of the employee. Should the employee elect not to continue
benefits during FCML, the employee may re-enroll effective the first of the month following the
return to work upon proper application through the Office of Benefits Administration on the
University Park campus or Personnel Services on the Health Sciences campus.

Retirement contributions to a defined contribution plan or service credits to a defined benefit plan
will not accrue during any unpaid portion of the leave.




                                        University of Southern California

                           Issued By:         Dennis F. Dougherty
                                              Senior Vice President for Administration
                           Date Effective:    July 1, 2002
                                              Page 3 of 4
A staff employee on FCML will not lose credit for seniority earned prior to the leave. Staff
employees are not eligible for holiday pay for holidays falling within the leave period. In the event
the leave extends beyond thirty (30) days, vacation and sick leave stop accruing.

PAY DURING FAMILY CARE AND MEDICAL LEAVE

A staff employee may elect, or the supervisor may require, that the staff employee use any
accrued vacation, or, to the extent allowed by university policy, sick leave as part or all of the
period. Any paid leave counted against the allowable twelve (12) weeks for FCML must be
designated in advance; it is the supervisor's responsibility to make the designation. Should the
staff employee not have enough paid leave, the remainder of the leave will be taken without pay.
Faculty should refer to the Faculty Handbook.


RETURN TO WORK FOLLOWING A FAMILY CARE AND MEDICAL EAVE

Returning to work will be contingent upon a written certification/medical opinion that the employee
is fully able to perform all essential duties of the position as described in the job description.
Deans, directors, department heads or supervisors requiring this certification must be particularly
careful to comply with the Americans with Disabilities Act requirements. An employee who is
granted FCML is guaranteed the same or comparable position upon return to work at no less than
the same pay rate, classification, shift, work schedule, without loss of seniority, the same or
similar geographical location, and without any waiting period for benefits. Prior and past leave
times will be linked for the purpose of computing seniority and vacation accruals, and for
calculation of separation pay in case of layoff.

FAILURE TO RETURN FROM LEAVE

The failure of a staff employee to return to work upon the expiration of a family or medical leave
of absence will subject the staff employee to immediate termination. The failure of a faculty
employee to return to work upon the expiration of family or medical leave is considered serious
neglect of duty which may be treated as grounds for termination according to the process in of the
Faculty Handbook. An employee who requests an extension due to the continuation, recurrence
or onset of his or her own serious health condition or of the serious health condition of the
employee's spouse, child or parent, must submit a request for an extension, in writing, to his or
her dean or supervisor. This request should be made prior to the expiration of the leave.

NON-DISCRIMINATION
It is unlawful to discriminate or retaliate against an employee for exercising his/her right to take
Family Care and Medical Leave.

Questions regarding this policy as it relates to staff employees should be directed to Personnel
Services on the University Park campus at (213) 437-1811 or on the Health Sciences campus at
(323) 442-1010. Questions regarding this policy as it relates to faculty should be directed to the
Vice Provost for Faculty Affairs at (213) 740-6715.




                                        University of Southern California

                           Issued By:         Dennis F. Dougherty
                                              Senior Vice President for Administration
                           Date Effective:    July 1, 2002
                                              Page 4 of 4

				
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