House Staff Leave of Absence/Family Medical Leave

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  • NEWYORK-PRESBYTERIAN HOSPITAL
    GRADUATE MEDICAL EDUCATION
    POLICIES AND PROCEDURES
    TITLE: HOUSE STAFF LEAVE OF ABSENCE/FAMILY MEDICAL LEAVE

POLICY:

It is the policy of the NewYork-Presbyterian Hospital to support eligible residents' needs for time away from work to recover from a serious health condition, to care for the needs of a child or to care for an eligible family member with a serious health condition. In providing this benefit, the Hospital will comply fully with the federal Family and Medical Leave Act of 1993 (FMLA).

The Hospital will provide eligible residents up to 12 weeks of leave in a 12-month period. Leave to care for a covered injured or ill service member can be taken for up to 26 weeks in a rolling twelve month period. Eligibility for resident benefits is maintained during the leave and, once the leave period is concluded, residents are reinstated to their same position. Family Medical Leave is unpaid, except to the extent the leave is covered by residents' available vacation, sick, or extended illness time (if the leave is for personal illness). All qualifying leave runs concurrently. For example, if you have been approved for leave under a Hospital policy and the reason for the leave also qualifies as FMLA leave, the FMLA leave will run concurrently with the other leave(s).

APPLICABILITY:

House Staff with 12 or more months of service may request Family and Medical Leave provided they have worked at least 1,250 hours in the 12 months immediately preceding the request. "Key employees," as defined by law, may not be covered under the provisions of this policy. House Staff that do not meet these FMLA eligibility requirements may be eligible for leave pursuant to Section 7 of this Policy.

With regards to Family and Medical Leave, only 12 weeks of Family and Medical Leave (and, where applicable, 26 weeks to care for a covered injured or ill service member) may be granted in a rolling 12-month period. Therefore, residents may be granted only that portion of the 12-week (or 26 week, where applicable) entitlement that was not used in the 12 months preceding the request. For example, if an resident is eligible for 12 weeks of leave and requests 12 weeks of Family and Medical Leave in June, but had taken 4 weeks of Family and Medical Leave in the preceding February, then only 8 additional weeks of Family and Medical Leave will be allowed.

PROCEDURES:

1. DEFINITIONS

  • A. Family Members
    • a. A "spouse" means a husband or wife as defined or recognized under New York State law for purposes of marriage.
    • b. b. A "parent" means a biological, step, foster or adoptive parent when the resident was a child. It does not include in-laws.
    • c. A "child" means a biological, adopted, step or foster son or daughter, or a legal ward, who is under age 18. A child may be over age 18 if he or she is incapable of self-care because of a physical or mental disability.
    • d. The term “next of kin,” which is used only in Section 5(b) (Military Leave Entitlement) below, means the nearest blood relative of that individual.
    • e. The term “covered servicemember” means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.
  • B. Serious Health Condition
    • A "serious health condition" is an illness or injury that requires inpatient care or continuing treatment by a health care provider. If inpatient care is not involved, it must be established that treatment of the condition requires an absence of more than three days from regular daily activities, is for an incurable or very serious illness, or is for prenatal care.
  • C. Health Care Provider
    • A "health care provider" is a doctor of medicine, podiatrist, dentist, clinical psychologist, optometrist, chiropractor (for certain conditions), nurse practitioner, nurse midwife and certain Christian Science practitioners.
  • D. Serious Injury or Illness
    • The term “serious injury or illness”, in the case of a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.
  • E. Outpatient Status
    • The term “outpatient status”, with respect to a covered servicemember, means the status of a member of the Armed Forces assigned to a military medical treatment facility as an outpatient; or a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.
  • F. Paid Leave
    • House staff employees are front loaded at the beginning of each academic year with 20 vacation days, 5 sick days, 3 bereavement days, and 105 extended illness calendar days. These days are replenished every July 1st.

2. REASONS FOR FAMILY AND MEDICAL LEAVE

  • A. Birth or Adoption of a Child
    • Eligible residents (both men and women) may use Family and Medical Leave for the birth of a child and to care for a newborn child. Leave also may be used for the adoption of a child or the placement of a child for foster care.
    • If Family and Medical Leave is taken for these reasons, it must be taken within 12 months of the birth, adoption or foster care placement.
    • Spouses who both are employed by the Hospital are limited to one combined 12-week Family and Medical Leave for the birth, adoption or foster care placement of a child.
  • B. Care for a Family member
    • Family and Medical Leave may be taken to allow residents to care for a spouse, child or parent with a serious health condition.
    • Residents are required to provide medical certification of the family member's serious health condition as well as medical certification of the need for the resident to provide care.
    • The Hospital may, at its discretion, request a second medical opinion.
  • C. Resident’s Serious Health Condition
    • Family and Medical Leave may be taken because of a serious health condition which renders a resident unable to perform the essential functions of his/her position.
    • Residents are required to document the serious health condition using the applicable Physician or Practitioner Certification form, in addition to filing for statutory disability or Workers' Compensation benefits. The Hospital may, at its discretion, request a second medical opinion.
  • D. Military Family Leave Entitlements
    • ​​​​​​​Eligible residents with a spouse, child, or parent on active duty or call to active duty status in the Armed Forces in support of a contingency operation may use their 12 week leave entitlement to address certain “qualifying exigencies” (as defined by the Secretary of the Department of Labor). Qualifying exigencies may, for example, include attending certain military events, arranging for childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
    • FMLA also includes a leave entitlement that permits eligible residents to take up to 26 weeks of leave to care for a covered servicemember (who is a spouse, child or parent, or to whom you are the next of kin) who has incurred an injury or illness in the line of duty while on active duty in the Armed Forces provided that such injury or illness may render the family member medically unfit to perform duties of the family member’s office, grade, rank or rating. Leave to care for an injured or ill covered servicemember, when combined with other FMLA qualifying leave, may not exceed 26 weeks in a single 12 month period. Spouses who are both employed by the Hospital are limited to a combined total of 26 workweeks in a single 12 month period if the leave is to care for a covered servicemember.
    • Servicemember FMLA leave will be deducted from the standard 12 week FMLA allotment mandated by law and runs concurrent with other leave entitlements provided under federal, state and local law.

3. INTERMITTENT OR REDUCED WORK SCHEDULE

  • As permitted by law and when medically necessary as evidenced by medical certification, and when approved by the Hospital, Family and Medical Leave may be taken on an intermittent basis or through a reduced work schedule. Residents must work with their Program Directors and/or designee to attempt to schedule their leave so as not to disrupt Hospital operations.
  • With Program Director and GME Office approval, Family and Medical Leave also may be taken on an intermittent basis or through a reduced work schedule because of the birth, adoption or foster care placement of a child.

4. BENEFITS DURING LEAVE

  • Eligibility for resident benefits will be maintained throughout the 12 weeks (or 26 weeks, where applicable, in the case of Military Family Leave or personal disability) of Family and Medical Leave. Resident contributions for benefit premiums will continue to be made through payroll deduction as long as the resident is receiving pay from the Hospital or is receiving statutory disability benefit payments.
  • During periods of unpaid Family and Medical Leave, residents will be required to remit payments for their portion of benefits premiums to Human Resources, Benefits, on a monthly basis.
  • Benefits will be discontinued at the end of the 12 weeks of Family and Medical Leave (or 26 weeks, where applicable, in the case of Military Family Leave or personal disability), except in cases of personal disability extending beyond 12 weeks. In such cases, benefits will be discontinued when statutory disability benefit payments end or after 26 weeks, whichever comes first.
  • In accordance with applicable laws, COBRA-eligible residents will be given the opportunity to continue coverage beyond the 12 weeks of Family and Medical Leave (or 26 weeks, where applicable, in the case of Military Family Leave or personal disability). Residents should contact the GME Office regarding benefits continuation under COBRA.

5. USE OF PAID LEAVE

  • Residents may use all available vacation time during Family and Medical Leave and may use extended illness days if the leave is for personal illness.
  • In cases where leave has been extended pursuant to Hospital policy beyond 12 weeks, extended illness time will continue to be paid, as available, for the duration of the approved leave, up to 26 weeks. Vacation and holidays will be paid as they occur for as long as extended illness time continues to be paid. Vacation time will be paid in a lump sum when extended illness time has been exhausted or at the end of 26 weeks, whichever occurs first. However, residents can delay using one week of their vacation allotment until they return from approved leaves of absence as long as the time is not carried over from one year the next.

6. RESIDENT RESPONSIBILITIES

  • Residents must provide at least 30 days advance notice to the GME Office and their Program Director when the need for Family and Medical Leave is foreseeable, or such shorter notice as is practicable. If it is not foreseeable, notice must be given as soon as the need for leave is known, even if the exact date(s) is not yet known. Residents 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.
  • Residents may request Family and Medical Leave by completing a Request for Leave of Absence form.
  • Residents must provide the applicable certification to substantiate the medical necessity for Family and Medical Leave at the time leave is requested. In addition, residents must file for statutory disability or Workers' Compensation benefits, as appropriate. a. If the resident’s physician has determined that the employee is disabled and no longer able to work, the resident should file a short term disability claim with Unum, the Short Term Disability Administrators for NYP, even if the employee has available sick time within seven calendar days of the start of the period of disability.
  • While on Family and Medical Leave, residents are required to provide recertification of the medical condition on a monthly basis or as requested by the Hospital and permitted by law.
  • During periods of unpaid Family and Medical Leave, residents must remit monthly payments of their portion of the benefits premium cost to Human Resources, Benefits.
  • While on Family and Medical Leave, residents are required to report periodically to the GME Office and their Program Director regarding their medical condition (or that of the family member) and their intent to return to work.
  • Following a Family and Medical Leave for personal disability of more than one scheduled workweek, or a leave for family reasons of four weeks or more, residents must be cleared by Workforce Health and Safety in order to resume job duties.
  • Residents are not permitted to perform any gainful employment during a period of Family and Medical Leave.
  • In cases of extended leave, a resident 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 RRC, specialty board, and the GME Office.

7. OTHER LEAVES OF ABSENCE

  • If a resident is not eligible for Family and Medical Leave under this policy, the resident may be eligible for other personal medical or disability leave. If a resident does not meet the eligibility requirements for Family and Medical Leave, please contact the GME Office.

8. REQUIRED FORMS FOR A LEAVE OF ABSENCE (ALL FORMS TO BE RETURNED TO GME OFFICE)

  • In order to request a leave, a resident must fill out one of the following:
    • Continuous Leave of Absence Request
    • Intermittent Leave of Absence Request
  • EXCEPT for requests for a continuous leave for your own Serious Health Condition (in this case, please contact Unum directly), Residents are also required to submit documentation of their leave by one of the following forms:
    • Certification of HealthCare Provider for an Employee’s Serious Health Condition
    • Certification of HealthCare Provider for a Covered Family Member’s Serious Health Condition
    • Certification of Qualifying Exigency for Military Family Leave
    • Certification for Serious Injury or Illness of Covered Service Member For military Family Leave

Approved by GMEC: April 2010
Approved by the Medical Board: May 2010