Leave of Absence and Paid Time Off
NEWYORK-PRESBYTERIAN HOSPITAL
GRADUATE MEDICAL EDUCATION
POLICIES AND PROCEDURES
TITLE: PAID TIME OFF & LEAVES OF ABSENCE
REFERENCES:
In accordance with Section IV.H of the Accreditation Council for Graduate Medical
Education (ACGME) Institutional Requirements, NewYork-Presbyterian Hospital (NYPH)
as the Sponsoring Institution has a policy for paid time off and leaves of absence,
consistent with applicable laws. Pursuant to this policy residents and fellows in each of
NYPH’s ACGME- and CODA-accredited programs (Graduate Staff) will receive paid time
off entitlements for certain qualifying conditions. This policy also requires NYPH to provide
these residents and fellows with accurate information regarding the impact an extended
leave of absence could have upon their satisfactory or timely completion of a program,
and their eligibility to participate in examinations administered by relevant certifying
board(s).
POLICY:
APPLICABILITY
All NewYork-Presbyterian Hospital (NYPH) employed Graduate Staff in ACGME-
accredited and Commission on Dental Accreditation (CODA)- accredited training
programs may request paid time off starting the day the Graduate Staff is required to
report.
PAID TIME OFF
At the beginning of each academic year, Graduate Staff are eligible for the following days
of Paid Time Off (PTO): 20 vacation days, 5 sick days, 3 bereavement days, and 105 paid
leave days. PTO leave days including up to 15 vacation days may be used for medical,
parental, and/or caregiver leave(s) for qualifying reasons that are consistent with
applicable laws at least once and at any time during an ACGME-accredited or CODA-
accredited program, starting the day Graduate Staff are required to report. For PTO
medical leaves, sick days are applied first, then paid leave days, followed by up to 15
vacation days. PTO days are capped at 6 weeks for parental and/or caregiver leave(s);
up to 6 additional weeks of parental and/or caregiver leave may be available at less than
full pay per New York State Paid Family Leave Law (NYSPFLL) (see below).
Any PTO leave of absence will run concurrently with Federal and State leave laws, such
as Family Medical Leave Act (FMLA), NYSPFLL, New York State Paid Sick Leave Law,
New York City Earned Safe and Sick Time Act and short-term disability, when applicable.
Graduate Staff will not be compensated for unused PTO at the conclusion of the academic
year and may not carry over unused days into the next academic year. These days are
replenished every July 1st.LEAVES OF ABSENCE
A leave of absence is an excused absence from work for an approved reason which
lasts for not more than 26 weeks within a 52-week period, except as provided in cases
covered by Workers' Compensation Law or as otherwise required by law, such as
leaves of absence granted to Graduate Staff as an accommodation for a serious health
condition. Graduate Staff may request leaves of absence for all the reasons
enumerated in the FMLA policy, including the Military Family Leave entitlements, for
medical accommodations and for personal reasons.
Leaves of absence should be requested as soon as the need for leave is known, even if
the exact date(s) of leave is not yet known. Requests for non-medical leaves of absence
will be carefully considered in accordance with applicable laws and the operational needs
of NYPH. In addition to PTO, NYPH provides paid and unpaid leaves of absence and
continuation of benefits, complying with applicable laws for absences such as the FMLA,
NYSPFLL and other State and City leave laws. Graduate Staff may contact the GME
Office for additional information.
CAREGIVER LEAVE:
Graduate Staff are eligible for up to 6 weeks of PTO caregiver leave and up to an
additional 6 weeks of caregiver leave may be available at less than full pay per NYSPFLL.
Caregiver leave is available to provide care to an Eligible Family Member with a Serious
Health Condition. A Serious Health Condition is an illness, injury, impairment, or physical
or mental condition that involves Inpatient Care in a hospital, hospice, or residential
Health Care Facility; or continuing treatment or continuing supervision by a Health Care
Provider.
ELIGIBLE FAMILY MEMBERS – DEFINITIONS
For purposes of caregiver leave, Eligible Family Members are defined as follows:
1. Spouse: A Spouse is an employee’s husband or wife or spouse as defined or
recognized under New York State law for purposes of marriage.
2. Domestic Partner: A Domestic Partner (DP) is the employee’s same-sex or opposite-
sex partner named in a Domestic Partnership as permitted under the laws of New
York State and the City of New York for couples that have a close and committed
personal relationship.
3. Parent: A Parent is the employee’s biological, step, foster or adoptive parent when
the employee was a child.
4. Parent-in-Law: A Parent-in-Law is the biological, step, foster or adoptive parent of the
employee’s Spouse/DP when the Spouse/DP was a child.
5. Child: A Child is the employee’s biological, adopted, step or foster child, or a Legal
Ward, who is under age 18. A child may be covered under the NYSPFL Law even if
the child is over age 18 if they are incapable of self-care because of a physical or
mental disability.6. Grandparent: A Grandparent is the parent of the employee’s biological, step, foster
or adoptive parent when the employee was a child.
7. Grandchild: A Grandchild is the biological, adopted, step or foster child, or a Legal
Ward who is under age 18, of the employee’s Child.
PARENTAL LEAVE:
Graduate Staff are eligible for up to 6 weeks of PTO for parental leave and up to an
additional 6 weeks of parental leave may be available at less than full pay per NYSPFLL.
Parental leave is available to primary and secondary parents in the birth, adoption or
surrogacy of a child. Graduate Staff who are either the primary or secondary parent are
eligible for 6 weeks of paid time off in accordance with ACGME Institutional Requirement
IV.H.1.a).
1. DEFINITIONS
A. Primary Parent - For purposes of parental leave, the Primary Parent is
defined as the person who will be responsible for regularly providing the child
with the majority of its care during the entire period of parental leave. When
requesting parental leave, the employee must certify that they will be the child's
Primary Parent in accordance with this definition.
B. Secondary Parent - For purposes of parental leave, the Secondary Parent is
defined as the person who will not be the child’s Primary Parent during the entire
period of the parental leave. When requesting parental leave, the employee must
certify that they will be the child's Secondary Parent in accordance with this
definition.
C. Parental Leave Duration – Up to 26 weeks after the birth or adoption of a
child. Additionally, up to 6 of the 26 weeks are with full pay and up to six
additional weeks may be available with less than full pay per the NYSPFL.
2. PAID TIME OFF
A. Graduate Staff covered under this policy are eligible for up to 6 weeks of PTO
for parental leave. Graduate Staff that qualify for coverage under New York State
Paid Family Leave Law (NYSPFLL) may take additional leave (up to six weeks)
for the birth, adoption or fostering of a child and will receive a portion of their
salary during this six-week period pursuant to the NYSPFLL.
B. PTO parental leave time must be taken consecutively and within 26 weeks
after the birth or adoption of the child.
3. HOW PAID PARENTAL LEAVE CAN BE TAKEN
A. Birth Mothers – PTO parental leave time must be taken in one continuous
block of time of up to 6 weeks after the birth of a child once the covered disability
period has ended. Graduate Staff that qualify under the NYSPFLL will be eligiblefor an additional six weeks of leave and are eligible to receive a portion of their
salary during this time.
B. Primary Adoptive or Surrogacy Parents – PTO parental leave time must be
taken in one continuous block of time of up to 6 weeks following the adoption and
placement of the child. Graduate Staff that qualify under the NYSPFLL are
eligible to take an additional six weeks of leave and are eligible to receive a
portion of their salary during this time.
C. Secondary Birth, Adoptive or Surrogacy Parents – PTO parental leave
time must be taken in one continuous block of time of up to 6 weeks following the
birth or adoption and placement of the child. Graduate Staff that qualify under the
NYSPFLL are eligible to take an additional six weeks of leave and may be
eligible to receive a portion of their salary during this time.
D. All PTO parental leave time must be taken within 26 weeks after the birth or
adoption and placement of the child.
E. To the extent permitted by law, all PTO parental leave time runs concurrently
with the provisions of the New York State Earned Sick Time Act, the New York
State Paid Family Leave Law, and the Federal Family and Medical Leave Act.
BENEFIT COVERAGE WHILE ON LEAVE OF ABSENCE:
Health and disability benefits coverage will be maintained throughout the full duration of
the leave (up to 26 weeks). Graduate Staff contributions will be administered as follows:
1) Graduate Staff contributions for health and disability benefits premiums will
continue to be made through payroll deductions as long as the Graduate Staff is
receiving pay from NYPH or is receiving statutory disability benefit payments.
2) During periods of unpaid leave, Graduate Staff will be required to remit payments
for their portion of benefits premiums to Human Resources, Benefits, on a
monthly basis.
GRADUATE STAFF RESPONSIBILITIES:
Graduate Staff should provide reasonable advance notice to the GME Office and the
Program Director when the need for leave is foreseeable. If it is not foreseeable, notice
must be given as soon as the need for leave is known, even if the exact dates are not yet
known. Graduate Staff are also required to comply with all applicable call-in procedures
for reporting an illness. Requests for leave may be denied if notice is not provided as
required.
While on medical or caregiver leave, Graduate Staff are required to provide recertification
of the medical condition as requested by NYPH and permitted by law.During periods of unpaid leave, Graduate Staff must remit monthly payments of their
portion of the benefits premium cost to Human Resources, Benefits.
Following a medical leave for personal disability of more than one scheduled workweek,
or a leave for family reasons of four weeks or more, Graduate Staff must be cleared by
Workforce Health and Safety and/or The Hartford in order to resume job duties.
Graduate Staff are not permitted to perform any gainful employment during a leave of
absence.
Graduate Staff may be required to extend his/her training in order to fulfill all program
requirements. This determination will be made by the Program Director in coordination
with the appropriate ACGME Review and Recognition Committee (RRC), specialty board,
and the GME Office.
REQUIRED FORMS FOR A LEAVE OF ABSENCE:
In order to request a leave of absence, a Graduate Staff must submit one of the following
forms to the GME Office:
1. Continuous Leave of Absence Request; or
2. Intermittent Leave of Absence Request.
In addition to submitting the leave of absence request to the GME Office, the Graduate
Staff must contact the Hartford either by phone ((888)899-2374) or online
(mybenefits.thehartford.com/login). Additional forms may need to be completed as
requested by the Hartford for leave related to medical, caregiver, parental, and military
leaves.
LEAVE OF ABSENCE FOR NON-ACGME ACTIVITIES:
It is the policy of some programs to allow Graduate Staff to take extended time off from
their training program to participate in academic, educational, leadership, or research
activities that are not part of the program’s standard curriculum in order to further their
clinical career. For example, Graduate Staff may intend to participate in scholarly
activities, obtain a Masters of Public Health, participate in a leadership fellowship, or
conduct NIH-funded bench or clinical research.
While on leave for non-ACGME activities, the Graduate Staff will be listed in the ACGME
program roster as “In Program but Doing Research/Other Training (intended to resume
accredited training in this program).
”
The institution is under no obligation to approve a leave of absence for non-ACGME
activities; if the request is denied it cannot be appealed.
PROCEDURE:
The resident must submit the Continuous Request for Leave form to the program at least
120 days in advance of the Graduate Staff leaving the program.The Graduate Staff must obtain prior written approval from the Program Director.
For activities that will take place at a location/institution external to NYP, the Graduate
Staff must also obtain prior written approval from the DIO.
The request for leave must include the following:
The purpose of, and the rationale for, the leave;
The duration of the leave and the dates of the proposed leave;
The location where activities will take place (name of institution, program,
supervisor/director);
Whether the Graduate Staff will require an extension of training;
Note: In situations where the leave results in an extension of training, and further
results in the program exceeding the approved resident/fellow complement, when
the Graduate Staff returns, the program must request from the ACGME a
temporary increase in program complement.
Whether the Graduate Staff may need to repeat any rotations prior to returning to
residency/fellowship; and
The anticipated graduation date of the Graduate Staff.
BENEFITS DURING A LEAVE OF ABSENCE FOR NON-ACGME ACTIVITIES:
NYPH benefits will be discontinued for the duration of the unpaid leave of absence. In
accordance with applicable laws, COBRA-eligible Graduate Staff will be given the
opportunity to continue coverage. Graduate Staff should contact Human Resources
regarding continuation of benefits under COBRA.
NOTIFICATION TO GRADUATE STAFF OF IMPACT ON TRAINING &
CERTIFICATION:
A Graduate Staff may be required to extend training in order to fulfill all program
requirements. This determination may be made by the Program Director in coordination
with the GME Office and the appropriate requirements of the ACGME RRC or
specialty/subspecialty certifying board(s).
Prior to taking such leave, the program must provide the Graduate Staff with information
regarding the impact of such leave on the criteria for satisfactory and timely completion
of the program and the Graduate Staff’s eligibility to participate in examinations by the
relevant certifying board(s).
REQUIREMENTS FOR RETURNING TO THE PROGRAM:
In order to return to the program, the returning Graduate Staff may need to complete the
onboarding process prior to rejoining the program. Additionally, the Graduate Staff may
be required to repeat some rotations as determined by the program.COMPLEMENT CHANGES:
In order for the Graduate Staff to return to the program, the program may need to request
a temporary change in complement.
APPROVAL DATES:
Approved by GMEC: April 2010
Approved by The Medical Board: May 2010
Reviewed by GME Office: September 2014
Reviewed by GME Office: May 2019
Approved by GMEC: September 2020
Approved by The Medical Board: October 2020
Approved by GMEC: September 2021
Approved by The Medical Board: September 2021
Approved by GMEC: July 2022
Approved by The Medical Board: October 2022