In certain instances, such as for a prolonged illness or injury or when work ebbs and flows seasonally, an employee may be granted a leave of absence from their position. There are both paid and unpaid versions of a leave of absence. Additionally, federal regulations such as the Family and Medical Leave Act (FMLA) apply to some leaves of absence and have provisions protecting an employee’s position during their leave.
University employees completing certain types of seasonal work may be placed on a seasonal leave of absence during periods when duties and responsibilities are the most diminished. Employees on seasonal leave have special considerations related to their pay, university insurance and other benefits, as well as types of paid leave. See the Employees on Seasonal Leave of Absence webpage for additional information.
If an employee requests a paid leave of absence, their pay is reduced proportionally to the full-time equivalency (FTE) amount they continue to work. For exempt employees, this reduction in FTE can render them temporarily ineligible for exempt status, making them eligible for overtime pay if working in excess of 40 hours per week.
In this scenario, HR Partners should work with employees to complete the Paid Leave of Absence Salary Reduction Acknowledgement (PDF) and a copy should be retained with the leave processing paperwork in the employee’s record.
Employee has not exhausted 12 weeks of FMLA leave
- Leave may need to be extended.
- The employee must provide an updated Health Care Certification form. The employer must allow at least 15 calendar days for the employee to provide the recertification.
Employee needs time beyond 12 weeks of FMLA leave
- Additional leave may be available under HR Policy Manual HR-408 Leave of Absence.
- Employee must have a bona fide intent to return to work.
- This leave functions outside of the employee protections of FMLA.
- Leave is unpaid and may not exceed one year or the appointment end date.
- Must be requested by the employee and approved by the department chair or administrative head.
- The employee must provide an updated Health Care Certification form. The employer must allow at least 15 calendar days for the employee to provide the recertification.
- Employee may elect to resign their position due to an inability to perform the responsibilities of the position.
- Employee will lose their benefit coverage.
- Employee may consider retirement or long-term disability options.
- Employee should contact the Office of Human Resources to discuss these options.
- As a final option, termination of an employee due to job abandonment.
- Result of an employee’s failure or inability to show up for work for three consecutive days after the expected return date with no prior communication.
- Every attempt should be made by the supervisor to contact the employee by phone or letter prior to considering this action.