Leave of Absence
The University will provide administrators with leaves of absence under a wide variety of conditions as outlined below. In cases where you are eligible for both a University Leave of Absence and Family and Medical Leave, leave time for both will run concurrently. Administrators must meet all conditions required for a leave of absence. Please consult with a Benefits Specialist within the Office of Human Resources Management for specific details and applicable forms.
Personal, Temporary Leave of Absence
A personal, temporary leave of absence is an authorized leave without pay. To protect certain benefits, you must receive formal approval from your supervisor. If you have been employed with the University for six or more years, you are eligible to take a leave of absence for up to one year for self-development purposes.
If you take a personal, temporary leave of absence for up to one month, your medical insurance, life insurance, and disability benefits, along with all seniority accruals such as vacation, sick leave, retirement, salary continuation, etc., will remain active. Should your personal, temporary leave extend beyond one month, you will be eligible under COBRA for the full cost of the premiums in effect at the time of the leave in order to continue these benefits. Other benefits such as LTD, Life Insurance, seniority accruals such as vacation, sick leave, retirement, salary continuation, etc., will be suspended until you return from your personal, temporary leave of absence.
Family and Medical Leave Act (FMLA)
Under the Family and Medical Leave Act of 1993, administrators who have been employed for at least 12 months, and have worked for 1250 hours during the previous 12-month period, will be granted an unpaid leave of up to 12 weeks during any 12-month period, for one or more of the following reasons:
- For the birth or placement of a child for adoption or foster care; or*,
- To care for an immediate family member (spouse, Legally Domiciled Adult, child or parent) with a serious health condition; or*,
- To take a medical leave when the employee is unable to work because of a serious health condition.
*Spouses/LDAs employed by the same employer are only entitled to a combined total of 12 workweeks of FMLA for the same reasons.
Intermittent Leave under FMLA
Under certain conditions, administrators may be eligible for a FMLA intermittent leave. This means that you may take your leave in blocks of time, or by reducing your daily or weekly work schedule. All requests for an intermittent leave must be approved by your supervisor, as well as the Office of Human Resource Management and must be accompanied by medical certification. There may be occasions when an employee will be temporarily transferred to another position of equivalent pay and benefits in order to accommodate the intermittent leave.
Eligible Benefits during FMLA
Administrators receiving FMLA will continue to receive health benefits, life insurance, LTD, etc. through the duration of the approved leave. Administrators will continue to be responsible for the employee cost-sharing portion of these benefits. All benefits such as pension, sick leave and vacation will continue to accrue through leave status provided you are in pay status. Please note that Fordham University’s policy requires that all sick leave credits plus unused and accrued vacation must be used during your approved FMLA. Sick leave, accrued vacation time and FMLA will run concurrently and cannot exceed 12 weeks. Upon returning from an FMLA, administrators will be restored to their original or equivalent position with equivalent pay, benefits and seniority.
Medical Leave of Absence - Salary Continuation (Short-Term Disability)
In the event of a prolonged illness or injury that results in a Short Term Disability, the University will provide Salary Continuation benefits. Under this benefit, administrators are eligible to receive one month of full salary for each year of completed service, up to a maximum of six months of full salary during any 12- month period. During this time your absence will run concurrently with your approved FMLA up to the maximum FMLA time.
Salary Continuation begins once you have satisfied the required 7-day waiting period and have provided the Office of Human Resource Management with the proper medical certification from your physician.
If you remain disabled after your salary continuation benefit has been exhausted and have not reached the 6-month threshold for Long-Term Disability, your benefit will revert to the New York State Short-Term Disability amount in effect. As required by law, pregnancy is treated as a disability.
Salary Continuation/Short-Term Disability benefits are all inclusive of holidays and/or University closings that occur during your period of disability.
If your disability extends beyond the 6-month period allotted under Short Term Disability, you may be eligible to receive benefits under Fordham’s Long Term Disability Plan. Please contact the a Benefits Specialist within the Office of Human Resources Management for more detailed information regarding Short Term Disability/Salary Continuation.
Administrators scheduled to work a minimum of 20 or more hours per week are entitled to up to five (5) days off without the loss of pay, in the event of a death in your immediate family.
For the purposes of this policy, immediate family is defined as parent, parent-in-law, step-parent(s), children, stepchildren, sibling(s), spouse, LDA and grandparent(s).
In the case of death of other family members defined as an employee’s aunt, uncle, niece or nephew, the employee shall receive three (3) days of bereavement leave.
If additional time is required to attend to family issues your department head may authorize the use of vacation days and/or personal time.
If you are called to perform your duty as a juror, the University will continue to pay your full salary providing you comply with the following guidelines:
- Provide your immediate supervisor as well as the Office of Human Resource Management with a copy of your notice;
- Remit any payment you receive for jury duty from the court system to the Office of Human Resource Management;
- Return to work if you are released for any full or partial day from your duties as a juror.
- Upon your return, provide your supervisor and the Office of Human Resource Management with proof of the fulfillment of your jury duty obligation.
Uniformed Service Leave
All full-time and part-time administrators, including new hires within their first six months of employment are covered by this policy.
The Uniformed Services Employment and Re-Employment Rights Act of 1994 covers all uniformed services, including regular armed forces, the Reserves, the National Guard, the Public Health Service, and the Coast Guard. All categories of service, voluntary or involuntary are covered including active duty, active duty for training, drills, full-time National Guard duty, and absence from work for an examination to determine fitness for any types of duty.
Administrators who give advance notice and who leave the University for any period of active or encampment duty in the Uniformed Services of the United States are entitled to re-employment in accordance with federal and state law.
Administrators going on Uniformed Service Leave must give as much advance notice as possible to their supervisor and present the University with service orders. Administrators should be directed to contact a Benefits Specialist for information regarding the continuation of certain benefits.
Administrators who are called to military encampment duty are eligible to take two weeks or ten working days. During this time you may use your accrued vacation time. If you do not have accrued vacation time available, the University will grant you an unpaid leave of absence.
For those administrators whose units are mobilized, the University will pay the difference between your regular bi-weekly salary and the amount you receive from the military, for a period not to exceed three (3) months. Administrators must submit documentation certifying the amount of compensation received from the Federal Government in order to receive differential pay from the University. Should an administrator choose to use accrued paid vacation or other paid personal time off, he/she is entitled to full pay from the University in addition to pay from the Federal Government.
The University will reinstate eligible employees under the following conditions in accordance with federal guidelines:
- Unless precluded by military necessity or under all circumstances is impossible or unreasonable, advanced written or verbal notice must have been given to the University.
- Cumulative military service cannot exceed five (5) years.
- The administrator must receive an honorable or general discharge from military service.
- The administrator must generally apply for reemployment within a reasonable period after discharge as described below:
Period of Service Notice for Re-employment
|1-30 days||Report to work on the first full workday after travel home plus 8 hours.|
|31-180 days||Submit application for reinstatement within 14 days.|
|181 days plus||Submit application for reinstatement within 90 days|
The University will reinstate eligible administrators who satisfactorily complete their service period without reduction in seniority, status or pay if all the other conditions required by law are met, including a timely application for reinstatement.
Retention after Reinstatement
Federal law protects employees returning from Uniformed Services Leave against discharge without cause for one year after reinstatement if the period of service was more than 180 days or for 180 days if the service is 31 to 180 days duration.
Returning to Work from a Leave of Absence
When returning from a leave of absence it is important that you contact a Benefits Specialist within the Office of Human Resources Management and your Supervisor a few days before returning to work. The Human Resources Benefits Specialist will advise you of what documentation is required in order to have clearance to return to work.