IV. B. LEAVE POLICIES
B. 1. Sick Days
Paid sick days are provided to offset loss of earnings because of illness. Sick days may not be used for vacation time or personal leave. Sick leave is granted to residents who are absent from work and unable to perform their assigned duties due to their own personal illness. Each resident is allowed twelve (12) calendar days of paid sick leave per agreement year. Absences due to sickness or injury should be reported to the program director and chief resident. Any sick days not used during a given year cannot be carried over to the following year.
B. 2. Family Medical Leave Act
It is the policy of Loyola to grant residents family leave in accordance with the Family and Medical Leave Act ("FMLA") of 1993. The intent is to provide residents up to twelve (12) weeks of job protected leave during any twelve (12) month period and at least 1250 hours in the 12 months preceding the leave. To be eligible for leave, a resident must have been employed by the Loyola for at least twelve months. A resident may request FMLA leave to care for an immediate family member (spouse, child, or parent) who has a serious health condition; the birth, adoption, or foster care placement of a child; or for his/her own serious health condition.
Typically, a FMLA leave is unpaid; however, a resident's available paid time off and, in the case of a resident's own illness, sick days will be used concurrently with the FMLA leave. Once a resident's available paid time off is exhausted, the FMLA leave will be unpaid.
Residents must submit requests for FMLA leave in writing as soon as possible prior to the beginning of leave. The resident should provide the program director, the Department of Human Resources, and the Graduate Medical Education Office with a copy of the request. Where applicable, the resident must also complete appropriate forms with the Department of Human Resources to continue medical, dental, life insurance and long-term disability coverage during the FMLA leave. The resident will be billed for the amount of any payroll deductions to continue insurance coverage. If the FMLA leave exceeds the allowable absence by specific board requirements or causes the resident to miss a key rotation, the resident must extend his/her training to complete the requirements and/or rotation.
B. 3. Maternity/Paternity Leave of Absence
It is the policy of Loyola to grant residents maternity/paternity leave for the birth, adoption, or foster care placement of a child. In granting maternity/paternity leaves, Loyola will follow the requirements of the Family Medical Leave Act of 1993.
B. 4. Personal Leave of Absence
A resident may request a personal leave of absence from the program director. A leave agreement must be formalized in writing between the resident and the program director prior to the beginning of the leave. Requests for leave of absence in the first twelve (12) months of training are limited to situations that would otherwise be covered by the Family Medical Leave Act (FMLA). Leave of absences for reasons other than this during the first twelve months of training are not allowed.
To begin the process, the resident must submit a written request to the program director at least 30 days prior to the beginning of the leave (except in case of emergency). The Leave of Absence Form, obtainable from the Central Office of Graduate Medical Education, must contain the reason(s) for the leave, beginning and return dates, the resident's signature, and the program director's approval and signature.
A leave of absence should not exceed eight weeks. Benefits coverage is continued during leave under the conditions specified by the Loyola personnel policy. A resident must first use available paid time off and sick time (where applicable). Once available paid time off and sick leave if applicable are exhausted, subsequent leave will be unpaid at which point the resident will be responsible for maintaining benefits at their own expense.
If a personal leave compromises a resident's ability to satisfy specialty board training requirements, the written leave agreement should specify how these requirements will be made up. A resident member may be required to extend the training period for any dates of absence in excess of allowable paid time off. During the extension, the resident member will receive regular salary and benefits except for paid time off allowance.
B. 5. Funeral
Any Resident may take up to three consecutive workdays off, with pay, to make funeral arrangements and attend services in the event of the death of a parent, father- or mother-in-law, grandparent, spouse, child or grandchild, brother, sister or blood relative living in the household. One day off with pay is granted in the case of death of another relative.
B. 6. Jury Duty
Loyola supports a resident's civic duty and responsibility to serve on a jury. When a resident is selected for jury duty, he or she should notify the program director immediately. Jury duty does not affect continuous stipends or benefits.
B.7. Victim's Economic Security and Safety Act (VESSA)
The Illinois Victims' Economic Security and Safety Act (VESSA) provides that an employee who is the victim of domestic violence or who has a family or household member who is the victim of domestic violence may be eligible for a total of 12 work weeks of leave during a twelve month period of time to address the domestic violence. VESSA does not create a right for an employee to take leave that exceeds the time allowed under, or in addition to, a leave permitted by FMLA.
B.8. School Visitation Rights Act
The Illinois School and Visitation Act grants eligible employees up to eight hours of unpaid leave to attend primary and secondary school conferences or classroom activities at their children's schools. Employees must be employed at last six months.
B. 9. Educational Leave
Each training program is encouraged to allow five (5) business days of leave for educational purposes relevant to the training program. The guidelines for providing such leave and reimbursement for expenses are left to the discretion of each program. Approval for educational leave is granted by the Program Director.
B. 10. Paid Time Off
Residents are eligible for fifteen (15) business days paid time off each Agreement year. Paid time off approval and scheduling procedures are under the jurisdiction of the individual departments. All requests for vacation time must be submitted to the department on the appropriate form, and fully approved in accordance with the department's time limits and other procedures.
Paid time off time is not cumulative from year-to-year. Payment in advance or payment for unused time will not be permitted. Paid time off is not allowed on certain rotations/units. Residents should check with the program director regarding restrictions. Unapproved time off beyond paid time off will be considered an unexcused absence and may be cause for disciplinary action.
B. 11. Unexcused Absence/leave
Absence from regular duty hours and on-call assignment without prior departmental approval, and notification of all other individuals necessary to assure that clinical and administrative duties are covered may result in disciplinary action up to and including dismissal from the program.
GMEC Approved: April 7, 2000
Reviewed: April 7, 2000
Revised: June 9, 2003
Revised: March 2006 |