Paid Medical Leave and Disability Benefits for Faculty and Academic Professional and Administrative Employees
- Interim Vice President, Office of Human Resources
- Interim Senior Director - Total Compensation
- See Contacts Section
Paid Medical Leave
Eligible faculty members and academic professional and administrative (P&A) employees will be provided medical leave for the treatment of themselves, their dependent children, and their immediate family members in the following cases:
- a physical or mental health condition that prevents employee performance of any portion of their work duties for any period of time;
- to undergo a medical procedure, including match testing, to donate bone marrow or an organ or partial organ to another person;
- to care for or arrange care for an employee's dependent child because of a physical or mental health condition;
- to care for or arrange care for an employee's immediate family member because of a serious health condition as defined within the context of this policy; and
- for personal medical and dental appointments or for dependent child's or immediate family member's appointments when the presence of the employee is required.
The availability and length of paid medical leave varies according to the terms of the employee's appointment and the reason for the leave, as outlined in Appendix A: Paid Medical Leave Eligibility and Provisions.
Excluded from paid medical leave coverage under this policy are (1) adjunct or clinical appointments from outside the University, (2) affiliate appointments, (3) civil service and union-represented staff, (4) graduate assistants, (5) professionals-in-training employees, and (6) represented UMD faculty whose paid medical leave provisions are covered under a collective bargaining agreement.
Bone Marrow or Organ Donation
In accordance with state statute, employees who work an average of 20 or more hours per week will be granted a paid medical leave of absence of up to 40 work hours (five work days) to undergo a medical procedure, including match testing, to donate bone marrow or an organ or partial organ to another person. Additional paid medical leave is available under this policy.
Certification of Reason for Medical Leave
Employees who take medical leave based on a personal health condition, and the leave is expected to or does reach ten days, must file a claim with the University’s disability vendor and provide medical documentation to support the leave. The disability vendor will evaluate the documentation, determine the onset date of the disability, and certify the claim. The University or the disability vendor may request documentation from an authorized health care provider throughout the leave to support any request for medical leave. A delay in providing medical documentation or contacting the disability vendor could compromise medical leave benefits. Refusal to provide medical documentation can disqualify the employee from paid medical leave.
Medical Leave Payment Provisions
Medical leave payments are paid by the employee's department according to scheduled biweekly earnings, which may not exceed 100 percent of the employee’s salary as of the last full day of active work. If an employee is scheduled to receive pay for a period less than 12 months, medical leave pay is not provided during the months for which the employee does not receive pay.
An otherwise eligible employee who has been granted a full or partial unpaid leave and is subsequently medically unable to work during any portion of that period will not be paid for the percentage of the appointment that is treated as unpaid leave.
Employees will not receive medical paid leave under this policy if the disability vendor determines that the employee’s situation does not meet the definition of disability.
Report of Use of Medical Leave
Employees must provide to the departments documentation that report the employee’s use of medical leave in increments of half or whole days, including the dates of the leave, as soon as is practical in the circumstances.
Return to Work
The University may require a health care provider’s certification or physician’s statement of the employee’s ability to return to work if the employee is returning to work under any restricted circumstances (e.g., partial return to work or work accommodation is requested) or if the employee is returning earlier or later than previously reported by the provider. If requested by the University, the employee must supply written documentation from their treating health care provider or physician regarding any restrictions along with the medical reason. The University offers employees services to assist with any disability or medical condition requiring accommodations or adjustments.
Eligible faculty (including UMD represented faculty) and P&A employees who are unable to return to work following three months of medical leave because of their own health condition will be provided disability benefits in accordance with the University's Academic Disability Program. Benefits will only be paid if the claim is approved by the disability vendor at the time of payment.
Reason for Policy
This policy implements Board of Regents Policy: Employee Work-Life and Personal Leaves. Paid medical leave and disability benefits are provided by the University to minimize loss of compensation during a defined period of time when illness, injury, disability, or preventative medical care makes absence from the performance of duty unavoidable or in the best interest of the University and its employees. Paid medical leave and disability benefits are intended to be a financial safety net to help replace University-paid wages that are expected to be paid to the employee. Benefits will not be paid during those times when income is not expected, such as during an unpaid work break or during an unpaid leave of absence. Provisions specific to bone marrow or organ donation are provided in accordance with state statutes. This policy also supports faculty members and P&A employees who need time away from work to attend to family members with serious health conditions.
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- Authorized Health Care Provider
- A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state where they practice. The definition also includes: podiatrists, dentists, clinical psychologists, optometrists, chiropractors (related to spinal manipulation), nurse practitioners, nurse-midwives, clinical social workers, physician assistants, and listed Christian Science practitioners. These professionals, including health care providers practicing in a country other than the United States, must be authorized to practice in that state/country and must be performing within the scope of their practice as defined under state law.
- Dependent Child
- The employee's biological, adoptive, or foster son or daughter, a stepchild, or a legal ward of the employee or a child of a person standing in loco parentis who is under the age of 18, or 18 and older and incapable of self-care and self-sustaining employment because of a mental or physical disability certified by the UPlan Medical Plan Administrator.
- Immediate Family Member
- (1) The spouse, (2) the employee’s: (a) biological, adoptive, step, or foster child or ward; (b) parent or parental equivalent; or (c) sibling, and (3) the employee’s spouse’s: (a) biological, adoptive, step, or foster child or ward; (b) parent or parental equivalent; or (c) sibling.
- Serious Health Condition
- An illness, injury, impairment, or physical or mental condition that involves one of the following:
- Hospital Care: Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.
- Absence Plus Treatment: A period of incapacity of more than three consecutive, full calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:
- Treatment two or more times, within 30 days of the first day of incapacity, unless extenuating circumstances exist, by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider, or
- Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
- Pregnancy: Any period of incapacity due to pregnancy or for prenatal care.
- Chronic Conditions Requiring Treatments: A chronic condition which
- Requires periodic visits (at least twice a year) for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider; and
- Continues over an extended period of time (including recurring episodes of a single underlying condition); and
- May cause episodic rather than a continuing period of incapacity (e.g. asthma, diabetes, epilepsy, etc.)
- Permanent/Long-Term Conditions Requiring Supervision: A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.
- Multiple Treatments (Non-Chronic Conditions): Any period of absence to receive multiple treatments (including any period of recovery) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive, full calendar days in the absence of medical intervention or treatment such as cancer (chemotherapy, radiation, etc.) severe arthritis (physical therapy), kidney disease (dialysis).
- Work day
- The employee's typical scheduled time to work.
- Establishes guidelines and develops procedures for notifying/requesting use of medical leave for reasons as provided under this policy.
- Communicates guidelines, procedures, and expectations for medical leave compliance with unit faculty members and P&A employees.
- Oversees tracking of medical leave usage by unit faculty and P&A employees.
- Faculty Member or P&A Employee
- Requests from the responsible administrator/supervisor leave for medical reasons or for medical or dental appointments for self, dependent child, or for an immediate family member as covered under this policy.
- Requests medical leave to care for or arrange care for an immediate family member as defined within this policy because of a serious health condition.
- Requests medical leave for the purpose of bone marrow or organ donation.
- Files a claim with the disability vendor when medical leave based on the employee’s health condition is expected to or does exceed two work weeks.
- Provides appropriate medical documentation to support return to work or inability to work, as requested.
- Documents medical leave of absence following departmental and/or campus, college, or administrative unit procedures.
- Responsible Administrator/Supervisor
- Handles requests for use of medical leave, in conjunction with Employee Benefits and the disability vendor.
- Ensures appropriate tracking of medical leave of absence.
- Disability Vendor
- Receives, reviews and approves or denies employee’s request for paid medical leave beyond 10 days.
- Board of Regents Policy: Employee Work-Life and Personal Leaves
- Administrative Policy: Family & Medical - FMLA Leave
- Collective Bargaining Agreements
- Academic Disability Program
As you consider your options under this policy, please also consider the following leave policies, which may or may not apply to your situation:
- July 2019 - Major Revision.
- Provides links to disability program, and new definitions to be consistent with changes in law regarding definition of spouse.
- Includes minor updates to FAQ and procedure for clarity.
- Eliminates paragraph regarding “Wellness Program”.
- Clarifies that if leave exceeds 10 days, employee must provide documentation to disability vendor; unit administrator/supervisor responsibility is to track the leave.
- June 2015 – Updated to reflect wording changes due to the upgrade from PeopleSoft 8.9 to PeopleSoft 9.2 in April 2015. Wording changes only, no substantiative provisional changes. Deleted outdated forms (absence card). Updated Human Resources phone number in Contacts section.
January 2012 - Disability vendor replaced The Standard. The definition of serious health condition was updated to reflect the changes to the definition in the Family Medical Leave Act. General edits and clarifications made.
October 2008 - The following revisions were made and became effective October 14, 2008:
- The title of the policy changed to Paid Medical Leave & Disability Benefits for Faculty and Academic Professional and Administrative Employees from Sick and Disability Leaves for Academic Employees.
- The leave of absence provided for paid sick leave is no longer termed “informal sick leave” and “formal medical leave.” The term “medical leave” now encompasses both of these past sick leave provisions for a total of three consecutive calendar months leave available per physical or mental health condition that prevents the employee’s performance of any portion of their work duties.
- Eligibility criteria for faculty and P&A employees for paid medical leave of absence provided with greater specificity. (Refer to language under the Policy Statement and Appendix A: Paid Medical Leave Eligibility and Provisions.)
- Faculty and P&A employees otherwise eligible and holding an appointment of 50 percent up to 67 percent time are provided with a total of 10 regularly scheduled work days of paid medical leave per fiscal year to care for or arrange care for a dependent child. The provision for self did not change.
- Eligible faculty and P&A employees are now required to contact the disability insurer if medical leave of absence extends or is expected to extend beyond two weeks.
- Limited provision provided for eligible faculty and P&A employees to care for or arrange care for an employee’s immediate family member (as defined) because of a serious health condition (as defined).
- Provision documented for reasonable use of medical leave for personal, medical, or dental appointments or for family member appointments when the presence of the employee is required.
- Clarification made concerning the University’s right to request an authorized health care provider’s documentation/certification at any time throughout a period of leave.
- Documentation of use of medical leave is required for half or whole day absences during the normal workday.
- Departments and/or college or administrative units to provide to eligible faculty and P&A employees guidelines and procedures for reporting use of medical leave.
- Language included to strongly encourage responsible administrators/supervisors to work with faculty and P&A employees in allowing for reasonable scheduling flexibility to accommodate participation in University Wellness Program offerings designed to improve employee health and wellness.
- March 2008 - Administrative Policy: Sick and Disability Leaves for Academic Employees converted to the new University-wide format for Administrative policies.
- April 2007 - Additional edits to clarify pro-rated sick time for part-time employees.
- February 2007 - Language contained in the Administrative Policy: Sick and Disability Leaves for Academic Employees incorporates policy information previously contained in Board of Regents Policy: Sick and Disability Leaves. This administrative policy supports Board of Regents Policy: Employee Work-Life and Personal Leaves that supersedes several Board policies concerning personal leaves.
- November 1990
- August 1988
- May 1985
- June 1983
- June 1983
- Administrative Policy: Sick and Disability Leaves, Board of Regents Policy Sick and Disability Leaves.