Leave Without Pay - HR Policy 305

Leave Without Pay - HR Policy 305

Abstract:
This policy details the circumstances under which UAB employees are eligible for leave with out pay. Those instances include family and medical leave, educational leave, personal leave, and active military service.
Effective Date:
8/1/2013
Responsible Party:
Contacts:
None Assigned
Administrative Category:
Applies To:
Staff
Material Original Source:

Policy 305 – Leave Without Pay

Date Issued: 10/80
Date Revised: 08/13

Regular employees with at least one year of continuous active service may request a leave of absence without pay for justifiable reasons. The standard reasons and usual maximum allowable time are as follows:

  1. Family and Medical Leave (12 work weeks) (See Policy).
  2. Educational leave leading to increased job ability (12 months).
  3. Personal leave (12 work weeks)
  4. Active military service (As required. Unpaid portion beyond 21 working days per calendar year or beyond additional days if employee is covered by Alabama Code Section 31-12-1, et. seq. Contact the HR Benefits Office for additional information.)

The one year continuous service requirement is waived for military leave and personal medical leave for employee illness/injury or pregnancy. Educational and Personal Leaves are subject to the approval of hospital administration or the appropriate dean or vice president.

The maximum times established for leaves of absence may not be extended by the use of vacation, sick time, or personal holiday time at the beginning or at the end of a leave of absence. If accrued time is used, the length of the leave without pay is reduced so that the time away from the job does not exceed the length of the requested leave time. An employee must use all accrued vacation and personal holiday time before going on any leave without pay. In the case of medical leave for the employee's own medical condition or the medical condition of members residing in the same household as the employee, all accrued benefit time must be used before beginning leave without pay. Use of accrued sick time is limited to eligible medical conditions of the employee and for the care of anyone with a documented serious health condition who resides in the same household as the employee. A maximum of up to 3 days in a calendar year may be used to care for children, a spouse or parents that do not reside in the same household as the employee.

A leave of absence generally causes an increased work load for other employees in the department and prevents their scheduling time off. For this reason, an employee must be back at work for the length of time he/she was off on leave before being eligible to take paid vacation or personal holiday. That is, a person on 12 weeks leave must be back at work 12 weeks, a person on 6 weeks leave, 6 weeks, etc. This will allow other employees in the department an opportunity to schedule time off that they may have had to postpone while short staffed during the leave. This requirement does not apply to the 12-month educational leave.

Employees applying for a leave of absence should contact the HR Benefits Office for information regarding the status of their benefits while on leave.

Vacation, sick leave, and personal holidays do not accrue during leave without pay, but the time already accrued is carried forward. Time spent on leave of absence does not count toward completion of the probationary period.

A department granting a leave of absence agrees to reinstate the employee on the date accepted as the termination of leave into a position comparable in salary and requirements to that previously held. Employees taking leave have no greater right to continued employment than other employees within their departments who are not on leave.

Employees must notify their department heads in advance of the expected date of return. Overstaying a leave of absence without approval or seeking and accepting other employment without previous authorization constitutes an automatic resignation and the loss of the right to reinstatement.

After returning to work, the employee should contact the HR Benefits Office to assess their benefit status.

POLICY 305.A - Family and Medical Leave
(Policy Revised: 8/1/13)

For complete text of this policy, see:
Family and Medical Leave of Absence Policy

FAMILY AND MEDICAL LEAVE OF ABSENCE REQUEST FORM and YOUR RIGHTS UNDER THE FAMILY AND MEDICAL LEAVE ACT OF 1993 (FMLA) POSTER   (You must have Acrobat Reader™ to view and print this form and poster. Use the printer icon on the Acrobat Reader™ toolbar to print this form and poster.)

POLICY 305.B - Educational Leave
In addition to the general regulations pertaining to all types of leaves of absence, the following applies specifically to Educational Leave. A regular employee with one year or more of continuous active service may request an educational leave of up to 12 months to pursue education or training that will lead to increased job ability.

A formal, written request for educational leave must be submitted to the employee's department head at least one month before the beginning date of the leave. Educational leave is subject to the approval of the hospital administrator or appropriate dean or vice-president.

When an educational leave is granted, it is assumed that the employee will return to work for the University.

POLICY 305.C - Personal Leave
In addition to the general regulations pertaining to all types of leaves of absence, the following applies specifically to Personal Leave. A regular employee with one year or more of continuous active service may request a personal leave of up to three months. This type of leave also includes time off given to any employee with an illness/injury or those who are pregnant but do not meet the eligibility criteria for a Family Medical Leave of Absence.

A formal, written request for personal leave must be submitted to the employee's department head at least one month before the beginning date of the leave. Exceptions may be made in cases of emergency. Personal leave must be approved by the hospital administrator or appropriate dean or vice president.

Leave of absence requests for child-care beyond the 12 weeks for FMLA must meet the requirements of personal leave.

POLICY 305.D - Military Leave
(Unpaid portion beyond 21 working days per calendar year or beyond additional days if employee is covered by Alabama Code Section 31-12-1, et seq. Contact the HR Benefits Office for additional information.)

In addition to the general regulations pertaining to all types of Leaves of Absence, the following applies specifically to Military Leave. Employees who are members of uniformed services may have reinstatement rights under the Uniformed Services Employment and Reemployment Act (USERRA). The one year continuous service requirement is waived for military leave.

Persons requesting military leave must submit a copy of the orders calling them to active duty.

Employees returning from military leave have 90 days following discharge from active duty to apply for reinstatement.

Please see Policy 304.D Military Leave for more information.