UTMB HANDBOOK OF OPERATING PROCEDURES

Section 3 Human Resources Department Subject 3.9 Leave Administration Policy 3.9.6 Leave Without Pay

02/06/02 -Originated 06/09/09 -Reviewed w/changes -Reviewed w/o changes Human Resources -Author

Leave of Absence Without Pay

Policy

Employees that meet the eligibility requirements may request approval for a leave of absence without pay, subject to the following provisions. • Leaves of absence without pay may be granted for up to one year. Extensions can be requested on a year-to-year basis and are subject to approval from the Vice President of Human Resources or Dean and Department Supervisor or Department Chief. • Except for disciplinary suspensions, active military duty, and workers’ compensation situations, accumulated leave entitlements must be exhausted before granting a leave of absence without pay. the departmental approval of such leave constitutes a guarantee of employment upon the expiration of the approved leave as long as the employee is able to perform the duties of the position. The employee must return to work at their regular reporting time on the next workday following expiration of their leave without pay. The employee's department will return them to the same or similar position. Any full calendar month in which an employee is on leave of absence without pay will not: • be counted in the calculation of total state service for purposes of longevity pay, hazardous duty pay, or vacation leave entitlement. • constitute a break in continuity of employment. • be counted toward the continuous service requirements for purposes of merit pay and promotion eligibility or completion of the probationary period.

Eligibility

Benefit-eligible employees working at least 20 hours per week for a period of at least four and one-half months and are not employed in a position for which the employee is required to be a student as a condition of employment are eligible to take a leave of absence without pay. UTMB complies with applicable federal and state laws and regulations, and strives to maintain an environment which does not discriminate against applicants or employees on the basis of race, color, national origin, sex, age, religion, disability, sexual orientation, or veteran status.

Medical Leave of Absence	If an employee becomes temporarily disabled as result of a documented medical condition, the employee may be granted a medical leave of absence without pay for a reasonable period, provided the following terms and conditions are met. • The employee has exhausted all accumulated paid leave entitlements (sick leave and then vacation and personal leave) unless the leave is related to Workers’ Compensation. • The employee provides their supervisor with a physician’s certification establishing the medical disability and the anticipated period of disability. • “Reasonable period" is determined based on the staffing needs of the department and the length of the anticipated period of disability documented by the employee’s healthcare provider. The employee is expected to provide updates from their healthcare provider every 3 months specifying the anticipated remaining period of disability. Approval of continued leave will be made after review of the updated medical certification. Leave of absence without pay will not exceed a total of 12 months. • Upon returning to work, the employee must bring a statement from their doctor certifying that they are medically capable of resuming their normal work duties.
Responsibilities
Responsibility		Action
Employees		• When foreseeable, submits request for leave of absence without pay via the Leave Request form in advance of the commencement of the leave. • Makes personal contact with supervisor at agreed upon dates with status updates. • If medical leave of absence, provides supervisor with a release to return to duty from their doctor Reports for duty on the next scheduled shift following the expiration of the leave of absence

Managers		• Considers requests from employees for leave of absence. Approves or rejects on Leave Request Form requests for time off based on staffing and operational needs, or frequency of absences. • If applicable, communicates to employees the availability of medical leave options, such as FMLA and Sick Leave Pool. • Communicates expectations and designates timeframes for updates from the employee during the approved leave of absence. • Maintains current and accurate attendance records during the employee’s leave of absence. • Contacts Department of Leave Management for assistance and questions.
Continuation of Benefits	Employees may make arrangements prior to commencing leave to continue their health and welfare benefits while on leave but will not receive premium sharing if Family and Medical Leave has been exhausted. The employee must contact the Benefits Center and make this arrangement before their benefit coverage lapses. Employees on leave of absence without pay that are not on Family and Medical Leave will be billed monthly for insurance coverage. If the employee fails to make a timely insurance premium payment, a 30-day grace period will be proved after the agreed-upon date for which payment is due. If the employee does not make payment within 30 days, UTMB will cease to maintain the coverages on the date the grace period ends. Prior to expiration of the grace period, UTMB will notify the employee of the discontinuation of the insurance coverages. Vacation, sick leave, and holidays do not accrue while an employee is on leave of absence without pay.
Family and Medical Leave	Employees are required to use all accumulated vacation, personal, and sick leave, if applicable, when taking Family and Medical leave. Medical leave of absence shall run concurrently with an employee’s Family and Medical leave entitlement. If an employee has exhausted all leave accruals and is on Family and Medical leave, UTMB will continue to contribute its share of the premium payment of health/dental insurance for the duration of the Family and Medical leave. For details on Family and Medical Leave, see IHOP policy 3.9.10, Family and Medical Leave.

Approval	Staff shall submit requests for leave of absence without pay through their department supervisor for approval. Faculty shall submit request for leave without pay through their department chief and Dean for approval. Departments may approve all or part of the leave request and stipulate start and end dates.
References	Texas Government Code, §§661.909 IHOP Policy 3.9.10, Family and Medical Leave IHOP 3.8.6 Temporary Job Modification IHOP 3.3.2 Americans with Disabilities Act IHOP 3.5.1 Sick Pool Leave