X. Leaves, Holidays & Time Away From Work

Staff employees who are categorized as either regular full-time or regular part-time with benefits earn vacation leave. During the first year of employment, regular full-time staff employees (other than Predoctoral or Postdoctoral Fellows) can earn ten (10) days of vacation leave. During the second through the tenth years of employment, regular full-time staff employees (other than Predoctoral or Postdoctoral Fellows) can earn fifteen (15) days of vacation leave per year. During the eleventh and later years of employment, regular full-time staff employees (other than Predoctoral or Postdoctoral Fellows) can earn twenty (20) days of vacation leave per year. Staff employees who are categorized as regular part-time with benefits can earn a pro-rated amount of vacation leave based on the percentage of full time they work. Predoctoral or Postdoctoral Fellows can earn five (5) days of vacation leave annually. 

Vacation leave is earned for each completed pay period. The rate at which you accrue vacation leave varies depending on whether your work week is 37½ or 40 hours long. 

Unless you are a Predoctoral or Postdoctoral Fellow, you accrue and carryover unused vacation leave depending on your years of service and your budgeted workweek hours (37.5 or 40) as indicated in the chart below.

Unless you are a Predoctoral or Postdoctoral Fellow, you may accrue and carry over to the following year unused vacation leave up to one time (1X) your then-current accrual rate per year. Once you have accrued this amount, you may continue to accrue vacation until your next anniversary date. On your next subsequent anniversary date, any unused vacation over one time (1X) of your then-current rate of accrual per year will be forfeited. 

If you are a Predoctoral or Postdoctoral Fellow, you must use your accrued vacation before your next subsequent anniversary date or lose it. You may not carry over unused accrued vacation beyond your anniversary date. 

Vacation leave accrual begins after six consecutive months of employment with the University. You may not use vacation time before it’s earned. Vacation leave will not be available for a payout if employment ends before the six-month mark. 

If you transfer from one department to another, your accrued vacation leave will be assigned to you. If you transfer from a staff position to a faculty or administrative position, a record of your vacation leave accrued before the transfer will be maintained unless you are a Predoctoral or Postdoctoral Fellow who may not carry over unused accrued vacation. You will receive payment for any accrued but unused vacation leave when your employment with the University terminates at the pay rate applicable before the transfer. 

You will receive payment for any accrued but unused vacation leave when employment ends. You will continue to accrue vacation leave while on paid leave, but you will not earn vacation leave while on unpaid leave, except in the case of certain types of military leave. See the “Military Leave” section of this Handbook. 

If a standard University holiday occurs during an approved period of vacation leave, the holiday will not count as vacation leave. If you become ill during an approved period of vacation leave, the period of illness occurring during the approved vacation will count as vacation leave. If an emergency closing occurs during an approved period of vacation leave, the period of the closing will count as vacation leave. With supervisor approval however, employees may submit a request in the timekeeping system to cancel a previously approved period of vacation leave during an emergency closure if the employee worked and was unable to take the planned vacation leave. If you give two (2) weeks’ notice of voluntary termination of employment with the University and fail to report to work during the notice period, your accrued but unused vacation leave will be reduced accordingly. 

You are required to give your supervisor at least two (2) weeks prior notice of a desired period of vacation leave. Every consideration will be given to your request for vacation leave; however, your supervisor is responsible for scheduling vacations according to departmental needs. If the requested periods of vacation leave of two or more employees conflict, the employees’ length of service will be considered. 

Employees with accrued vacation must record vacation for the actual time missed from work. 

If you terminate your employment with the University after at least six (6) consecutive months of service, you will receive payment for your accrued but unused vacation leave.

The Staff Vacation Transfer Pool is designed to make additional paid leave available to staff employees who experience a catastrophic health event by permitting eligible employees to voluntarily surrender their accrued, unused, vacation leave for the benefit of such other employees. 

For the purposes of this policy, a “catastrophic health event” means an unexpected medical emergency which is an extremely severe, life threatening, health-related medical condition for which a physician has certified that the staff employee or the staff employee’s family member is unable to perform work for five (5) days or more due to the unexpected medical emergency which is an extremely severe, life threatening, health-related medical condition and is covered by Family and Medical leave. 

In order to be eligible to use the Staff Vacation Transfer Pool, a staff employee:

• Must be eligible for Family and Medical leave; and
• Must be eligible to accrue vacation leave; and
• Must have used all of their paid leave.

Vacation hours may be transferred to the Staff Vacation Transfer Pool. These donated hours will be distributed to qualifying employees on a first-come, first-served basis.

Vacation hours may also be transferred to a specific employee. If the hours are transferred to a specific employee, the recipient of the hours must meet the full definition of a catastrophic health event as defined by this policy. The amounts paid to the recipient are considered wages. These wages will be included in the gross income of the recipient and are subject to social security, Medicare, and federal income tax withholding. 

Solicitation of vacation hours for transfer is prohibited. 

Unused transferred vacation hours will be forfeited and will not be returned to the employee that surrendered the vacation hours. 

Please contact the Office of Human Resources and Institutional Equity and Institutional Equity for more information.

Standard University holidays are set forth below. The exact dates of these holidays will be distributed each year and posted on the Office of Human Resources and Institutional Equity web site. You are not required to report to work on these holidays, unless otherwise instructed by your supervisor. Conversely, you may not work on a holiday without pre-approval from your supervisor. 

Unless altered by University communication prior to the holiday, the practice is that if a standard University holiday falls on a Saturday, it will be observed on the Friday immediately prior. If it falls on a Sunday, it will be observed on the Monday immediately after.

1. Independence Day
2. Labor Day
3. Thanksgiving
4. Friday after Thanksgiving
5. Christmas Eve
6. Christmas Day
7. New Year’s Eve
8. New Year’s Day
9. Martin Luther King Day
10. Lundi Gras Day – Staff Appreciation
11. Mardi Gras Day
12. Memorial Day
13. Floating Holiday
14. Juneteenth

Those weekdays falling between Christmas Day and New Year’s Eve may be designated as Winter Recess at the discretion of the President of the University, though not guaranteed. The exact dates will be distributed each year and posted on the Office of Human Resources and Institutional Equity website.

Beginning July 1, 2020, the floating holiday may be used at any time during the fiscal year, with supervisor approval. Unused floating holidays do not rollover to the following fiscal year and are not paid upon termination of employment. 

Employees who need time off to observe religious practices or holidays not already scheduled by the University should speak to their supervisor. Depending upon business needs, the employee may take a floating holiday, vacation time, or take unpaid time off. The University will seek to reasonably accommodate individuals’ religious observances. 

Eligibility for Pay for University Holidays and Winter Recess 
In order to be eligible to receive their regular rate of pay during a holiday, a staff member must meet all of the following criteria:

1. the staff member must be classified as regular full-time (working at least 37.5 hours per week) OR regular part-time with benefits (i.e., working at least 18.75 hours per week); and
2. the staff member must be in a paid status on the day before and after the holiday(s) or Winter Recess (i.e., not be on an unpaid leave of absence) 

Rate of Pay—Employees Not Scheduled to Work 
Holiday or Winter Recess pay is paid at regular hourly wage for non-exempt employees based on the number of hours of schedule on that day and at regular pay for exempt employees. 

Rate of Pay—Employees Scheduled to Work 
A non-exempt employee classified as either regular full-time or regular part-time with benefits who is required to work on a standard University Holiday or Winter Recess, will be paid their regular rate of pay plus a premium of one and one-half times (1 ½ X) their regular rate for hours worked on the standard University Holiday or Winter Recess. 

In addition, designated non-exempt, benefits eligible staff assigned to the School of Medicine as well as Tulane Medical Group will be paid their regular rate of pay plus a premium of one time (1X) their regular rate for hours worked on the standard University Holiday or Winter Recess. 

Holiday or Winter Recess pay is not used to calculate overtime pay. 

If a staff member that is classified as an exempt employee is required to work on any of the standard holidays or Winter Recess, the exempt employee may reschedule the number of days worked with the approval of their supervisor. The exempt employee will receive pay only at their regular rate for work performed on the standard holidays or Winter Recess. 

The purpose of sick leave is to provide leave for you to treat and/or recover from personal illness or to tend to the illness of an immediate family member (a child, parent or legal spouse) which requires your personal attention. 

Examples of permissible use of sick leave, including but not limited to, are appointments with physicians, dentists or optometrists. In these instances, non-exempt as well as exempt employees are only allowed to be absent during the time spent to attend the appointment and are required to return to work directly following an appointment if the workday has not ended. 

Sick leave may not be used to as a substitute for vacation for any reason. 

Staff employees who are categorized as regular full-time or regular part-time with benefits earn sick leave. Full-time staff employees earn one (1) day of sick leave per full calendar month worked. Regular part-time employees earn a pro-rated amount of sick leave based on the percentage of fulltime which they work. 

You may accrue and carry over to the following year unused sick leave up to one hundred and twenty (120) days per year as shown below in days and hours.

Once you have accrued 120 days of sick leave, you may continue to accrue sick leave until your next subsequent anniversary date. On your next subsequent anniversary date, any unused sick in excess of one hundred and twenty (120) days will be forfeited. 

Staff members employed before June 30, 2016 will be allowed to carryover those hours in excess of one hundred and twenty (120) days, but will not accrue hours until their accruals drop below the maximum carryover of one hundred and twenty (120) days. 

Non-exempt employees with accrued sick must record sick for the actual time missed from work. Exempt employees with accrued sick must record sick for the actual time missed from work at a minimum of one (1) hour increments. 

You may not use sick leave before it is earned. 

You will continue to earn sick leave while on paid leave, but you will not earn sick leave while on unpaid leave, except in the case of certain types of military leave. See the “Military Leave” section of this Handbook. 

Your supervisor may request proof of the illness and an explanation why your personal attention is required prior to approving payment for sick leave. Sick leave may be disallowed if you do not report to your supervisor within two (2) hours after your regular time to report to work. In addition, you may be required to submit a doctor’s certificate verifying the illness after three (3) consecutive missed workdays. 

You are not paid for any unused sick leave upon termination of your employment with the University. 

For absences that qualify as Family and Medical Leave, please see the “Family and Medical Leave” section of this Handbook.

You are allowed a paid period of leave in the event of a death in your immediate family. For purposes of bereavement leave, “immediate family” means child, parent, sibling, legal spouse, parent-in-law, grandparent, grandchild or stepfamily member. 

The maximum bereavement leave is three (3) working days for a funeral held within one hundred (100) miles of New Orleans or five (5) working days for a funeral held more than one hundred (100) miles from New Orleans. 

Full-time and part-time staff employees who have completed at least six (6) months of continuous employment with the University will receive pay during bereavement leave. Part-time employees will receive pay based on the percentage of full-time for which they are scheduled. 

If you require additional time away from work for bereavement, you may use accumulated vacation leave. You will continue to accumulate vacation leave and sick leave to the extent it accrues during periods of bereavement leave for which you receive pay.

Any pregnant employee is allowed time off required by pregnancy, childbirth or related medical conditions and leave will be granted upon request to any pregnant employee on account of pregnancy for a reasonable period of time. "Reasonable period of time" means that period during which the female employee is medically disabled on account of pregnancy, childbirth, or related medical conditions. Pregnancy leave will run concurrently with Family and Medical leave and Parental leave. 

The standard period of Pregnancy leave is six weeks. In the event that you are physically unable to work beyond six weeks of absence, you must request an extension of Pregnancy leave. 

Pregnancy leave will not exceed four months and will be provided to employees during the time they are medically disabled on account of pregnancy, childbirth, or related medical conditions, although Family and Medical leave may overlap Pregnancy leave. 

Pregnancy leave is leave without pay except to the extent that accumulated sick leave and/or vacation is utilized. Employees are required to use their accrued paid sick and vacation hours during Pregnancy leave. Once paid leave is exhausted, the remainder of the leave is unpaid. You will not accumulate vacation or sick hours while you are in an unpaid status. 

Employees may continue to be covered by Tulane’s group health plans on the same terms that are applicable to active employees during Pregnancy leave. You will be required to continue to pay your share of all premiums due. 

A staff member must notify their supervisor and the Office of Human Resources and Institutional Equity when applying for any University leave. The Office of Human Resources and Institutional Equity will inform the employee and department when a leave has been approved. In addition, the Office of Human Resources and Institutional Equity will inform the employee and department when the leave has expired. 

Staff members must submit medical certification in support of the Pregnancy leave request to the Office of Human Resources and Institutional Equity. The Office of Human Resources and Institutional Equity can request additional information to assist it in assessing the claim for leave. 

When you return to work, you must provide a medical certification of fitness to return to work. Upon returning to work following Pregnancy leave, you will be returned to your former position without a break in service or benefits accumulated prior to the start of your leave, provided your absence does not exceed four months, unless otherwise required by law. 

Questions about this policy should be directed to the Office of Human Resources and Institutional Equity. 

Policy Statement
This policy sets forth Tulane University’s (“Tulane”) policy and procedures for Parental leave.

Reason for Policy 
Parental leave allows for time off from work for Parents and Adoptive Parents to care for a newborn or newly adopted child following the birth or legal adoption of a child on or after October 1, 2017. Tulane is committed to supporting families and promoting a health work-life balance by providing Parental leave.

Eligibility

• Parent: The biological mother or father of a child or the same sex spouse of the biological mother or father of a child.
• Adoptive parent: A person who has custody of a child by virtue of an order of adoption. If the adoption process is underway but a final order of adoption has not yet been entered, an adoptive parent may include a person who has received authorized placement of the child in the parent’s home, for adoption (excluding foster care).
• Child: A biological or legally adopted child age 17 or under of an eligible employee.
• Eligible employee: Tulane staff, administrator, librarian, or postdoctoral fellow who is the biological mother or father of the child, or has legally adopted the child, or is a same sex spouse of the biological mother or father of the child. If both parents are employed by Tulane, both parents may be eligible for Parental leave.
• Temporary Employees are not eligible for Parental leave.

Leave Provisions

• Parental Leave with Pay Regular 
  • Full-time Employees employed by Tulane at least twelve (12) consecutive months immediately preceding the commencement date of the leave are eligible to receive Parental leave with pay for the Duration as described below. 
  • Regular Part-time Employees with Benefits employed by Tulane at least twelve (12) consecutive months immediately preceding the commencement date of the leave are eligible to receive Parental leave with pay for the Duration as described below, based on the full-time equivalency immediately preceding the commencement date of the Parental leave. 
  • Regular Full-Time Employees and Regular Part-Time Employees with Benefits who have not been employed with Tulane at least twelve (12) months immediately preceding the leave may use accrued sick or vacation hours, as appropriate, or the time may be taken as unpaid Parental leave, if no accruals exist, not to exceed the Duration described below. Employees on unpaid Parental leave do not accumulate vacation or sick leave during the unpaid leave. 
  • While on Parental leave, benefits eligible employees may continue to be covered by Tulane’s various insurance programs on the same terms applicable to active employees. Employees will be required to continue to pay their share of all premiums due.
     
• Parental Leave without Pay 
  • Regular Part-Time Employees without Benefits may take Parental leave as unpaid, not to exceed the Duration described below.
     
• Duration
  • The duration of Parental leave is up to four (4) consecutive weeks. In no case will an employee receive more than four (4) consecutive weeks of Parental leave in a rolling 12-month period, regardless of whether more than one birth or adoption event occurs within that 12-month time frame. Parental Leave must be taken immediately following the birth or adoption of a child and must be taken consecutively. Intermittent Parental leave is not permitted. 
  • Parental leave shall not extend any leaves running concurrently with Parental leave. Holidays, Winter Recess, or an Emergency Closure will not extend Parental leave. Employees on unpaid Parental leave will not receive pay for University Holidays or Winter Recess. 
  • Multiple births or adoption (e.g., the birth of twins or adoption of siblings) does not increase the four-week total amount of Parental leave granted for the event.
     
• Job Protection 
  • Upon returning to work immediately following the expiration of Parental leave, employees are normally restored to their original or an equivalent position.
     
• Exclusion
  • Parental leave does not apply to foster care placement.
     
• Procedures and Responsibilities 
  • An employee must notify their supervisor and the Office of Human Resources and Institutional Equity when applying for Parental leave at least thirty (30) days in advance of the commencement of the leave to the extent possible. The Office of Human Resources and Institutional Equity will inform the employee and department when the Parental leave has been approved. 
  • Employees must submit certification (e.g. petition for adoption, documentation of authorized placement for adoption or birth certificate) in support of the Parental leave request to the Office of Human Resources and Institutional Equity. The Office of Human Resources and Institutional Equity can request additional information to assist in assessing the request for leave. 
  • This policy will be included in the Staff Handbook and the Librarian Handbook and is intended as a guideline to assist in the consistent application of Tulane policies and programs for employees. This policy does not create a contract, express or implied, with any employee. Tulane reserves the right to modify this policy in whole or in part, at any time, in its sole discretion.

The Purpose of this FMLA Leave Policy 
The University provides unpaid, job-protected leave under the Family and Medical Leave Act of 1993 (FMLA) to eligible employees. To take FMLA leave, an employee must be eligible and take leave for an FMLA-qualified reason. 

Where state or local unpaid or paid family and medical leave laws or paid sick leave laws offer more protections or benefits to employees, the protections or benefits more favorable to the employee, as provided by such laws, will apply. 

FMLA Leave Provided by this Policy 
An employee eligible for FMLA leave may take up to 12 or 26 weeks of family or medical leave, as described below, within the relevant 12-month period defined below. Upon returning from FMLA leave, an employee will have the right to be restored to the same job or an equivalent position, subject to the terms, limitations, and exceptions provided by law. 

Employee Eligibility for FMLA Leave at the University 
An employee is eligible for FMLA leave if they:

• Have worked for the University for a total of 12-months (which need not be consecutive); and
• Have worked at least 1,250 hours during the 12-months before the leave (not including time spent on paid or unpaid leave).

Medical Residents should refer to the Resident and Fellow Graduate Medical Education Policies and Procedures for information on the impact of leave on their training program.

FMLA-Qualified Leaves 
An employee may take up to 12-weeks of unpaid FMLA leave in a 12-month period for any FMLA qualified reasons. Except for Military Caregiver Leave, the amount of leave available to an employee at any one time is determined using a “rolling backward” method, calculated by subtracting the amount of FMLA leave taken in the last 12 months and subtracting it from the 12 weeks of total available FMLA leave. 

FMLA-qualified reasons are limited to the following:

• Bonding Leave
  • The birth of a child and in order to care for such child (leave to be completed within one year of the child’s birth);
  • The placement of a child with the employee for adoption or foster care and in order to care for the newly placed child (leave to be completed within one-year of the child’s placement);
     
• Family Care Leave 
  • To care for a spouse, child, or parent with a serious health condition;
     
• Care of Self 
  • To care for the employee’s own serious health condition, which renders the employee unable to perform the essential functions of their position.
     
• Qualifying Exigency Leave 
  • An employee may take up to 12-weeks of unpaid FMLA leave in a 12-month period for a qualifying exigency of their spouse, child, or parent who is a military member on covered active duty or called to covered active-duty status or has been notified of an impending call or order to covered active duty in a foreign country (Qualifying Exigency Leave). 
  • “Qualifying exigency” activities include attending certain military events, arranging for alternative childcare, addressing financial and legal arrangements related to the deployment, attending certain counseling sessions, and attending post-deployment reintegration briefings. 
  • Time available to an employee for Military Exigency Leave is not in addition to the time available for Bonding Leave, Family Care Leave, or Care of Self.
     
• Military Caregiver Leave 
  • An employee may take up to 26-weeks of unpaid FMLA leave in a single 12-month period, beginning on the first day that the employee takes FMLA leave to care for their spouse, child, parent, or next of kin who is a covered service member and who has a serious injury or illness related to active-duty service, as defined by the FMLA’s regulations (Military Caregiver Leave). The amount of leave available to an employee at any one time for Military Caregiver Leave is determined using a “rolling forward” method. For example, if this is the first FMLA leave request, the 12-month period will begin on the first date of this FMLA military caregiver leave. If the employee's request for military caregiver leave is more than 12 months after any previous FMLA leave, the first date of the current FMLA caregiver leave will be the beginning of the new 12- month period. 
  • The 26 weeks is a combined total for Military Caregiver Leave and leave for any other FMLA qualifying reason in this single 12-month period.
     
• Serious Health Condition
  • A serious health condition is an illness, injury, impairment, or physical or mental condition that generally involves inpatient care or continuing treatment by a health care provider. The FMLA does not apply to routine medical examinations, such as a physical, or to common medical conditions, such as an upset stomach, unless complications develop. 
  • For all conditions “incapacity” means inability to work, including being unable to perform the essential functions of the employee’s position, or for family caregiving, inability to attend school, or perform other regular daily activities due to the serious health condition, treatment of the serious health condition, or recovery from the serious health condition. The term “treatment” includes but is not limited to examinations to determine if a serious health condition exists and evaluations of the condition.
  • The different types of conditions that are serious health conditions under the FMLA are as follows:
    • Any period of incapacity (including treatment and recovery) connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility;
    • A period of incapacity of more than three consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves:
      • Two or more in-person visits to a health care provider for treatment within 30 days of the first day of incapacity unless extenuating circumstances exist. The first visit must be within seven days of the first day of incapacity; or,
      • At least one in-person visit to a health care provider for treatment within seven days of the first day of incapacity, which results in a regimen of continuing treatment under the supervision of the health care provider. For example, a course of prescription medication or therapy requiring special equipment;
  • A period of incapacity due to pregnancy or for prenatal care;
  • Any period of incapacity due to or treatment for a chronic serious health condition, such as diabetes, asthma, migraine headaches. A chronic serious health condition is one which requires visits to a health care provider (or nurse supervised by the provider) at least twice a year and recurs over an extended period of time. A chronic condition may cause episodic rather than a continuing period of incapacity;
  • A period of incapacity or treatment due to a permanent or long-term condition for which treatment may not be effective, or to receive multiple treatments for restorative surgery after an accident or injury or for a condition that would likely result in an incapacity of more than three full, consecutive calendar days in the absence of medical treatment (e.g., chemotherapy for cancer or dialysis for kidney disease); or
  • Restorative surgery after an accident or other injury; or a condition that would likely result in a period of incapacity of more than three consecutive, full calendar days if the employee or employee’s family member did not receive the treatment.
     
• Continuous and Intermittent Leave; Increments 
  • Unless otherwise mutually agreed between the University and the employee, FMLA Bonding Leave must be taken continuously, and must be taken before the end of the 12-month period beginning on the date of the child’s birth or placement. Other FMLA leaves may be taken continuously or through either a reduced working schedule or intermittently (in full or partial-day blocks of time used in increments as small as 15 minutes) if medically necessary, or if for Qualifying Exigency Leave.
     
• When Both Spouses are Employed by the University 
  • If the University employs both spouses, the couple will each be entitled to the full amount of leave; leave will not be shared.
     
• Employee Notice/Request/Notification and Approval Process 
  • If an employee’s need for FMLA leave is foreseeable, the employee must give the University at least 30 days’ prior notice. If this is not possible, the employee must give the University notice as soon as practical after learning about their need for FMLA leave. Regardless of whether the need for FMLA leave is foreseeable, the employee must comply with the University’s usual and customary procedures and notice requirements for requesting leave, absent unusual circumstances. 
  • If an employee is planning a medical treatment or series of treatments or is taking Military Caregiver Leave, they must make a reasonable effort to schedule treatment so as not to unduly disrupt the University’s operations. 
  • To request FMLA leave, an employee must take the following steps:
    1. Contact the Standard (File Claims and Absences | The Standard or 1-800-428-2938); and
    2. Follow the absence notification procedures for your department. 
  • An employee will be required to give the University sufficient info for the University to determine whether FMLA applies, as well as approximate start and end dates for leave. 
  • These procedures must be followed each time the employee is absent from work due to FMLA leave regardless of whether the absence is intermittent or continuous. Failure to do so may result in disciplinary procedures against the employee. 
  • For purposes of this policy, acceptable forms of notice include verbal, written, email or phone, or any other commonly used electronic means by which information is routinely communicated between University and employee for business and/or benefits purposes. 
  • Any intentionally misleading or fraudulent information provided at any point in the process of requesting or seeking approval for my FMLA leave (including the medical certification process), could result in the loss of FMLA-qualified status for the employee’s leave, and could further result in disciplinary action up to and including termination of employment or institution of dismissal proceedings. 
  • Within five business days after the employee has provided notice of need for FMLA leave, the Standard will complete and provide the employee with a Notice of Eligibility and Rights and request a medical certification or other supporting documentation as necessary.
     
• University’s Certification of the Employee’s Need for FMLA Leave 
  • If an employee requests FMLA leave due to their own or a covered family member’s serious health condition, an employee and a health care provider must supply appropriate medical certification on a form available from the Standard (File Claims and Absences | The Standard or 1-800-428-2938) . The Standard may accept the health care provider’s own certification form if it contains all the necessary information the Standard reasonably deems necessary to make a determination on the employee’s request for leave. 
  • An employee must return the medical certification form within 18 days of receipt. Failure to provide requested medical certification in a timely manner may result in delay or denial of FMLA leave. 
  • The University, at its expense, may require an examination by a second health care provider designated by the University. If the second health care provider’s opinion conflicts with the original medical certification, the University, at its expense, may require a third, mutually agreeable, health care provider to conduct an examination and provide a final and binding opinion. 
  • The University may require subsequent medical recertification as well. Failure to provide the requested certification within 15-days, if such time period is feasible, may result in delay of further FMLA leave until the requested certification is provided. 
  • The University also reserves the right to require certification from a covered military member’s health care provider if the employee is requesting Military Caregiver Leave, as well as to request certification in connection with Military Exigency Leave.
     
• Reporting While on Leave 
  • If an employee takes leave for their own serious health condition or to care for a covered family member, the University (through the Standard) may require an employee on FMLA leave to report periodically on the employee’s status and intent to return to work on a basis that does not discriminate against or interfere with the employee’s FMLA leave. 
  • In addition, an employee must give notice as soon as practicable (within two business days, if feasible) if the dates of FMLA leave change or are extended or were unknown initially. 
  • To request an extension of FMLA leave, employees must contact the Standard and follow the absence notification procedures for your department.
     
• Coordination of FMLA with Paid Leave & Workers’ Compensation 
  • The University requires employees to use available paid leave (e.g. if applicable, sick, vacation, parental, short-term disability, workers’ compensation) during FMLA leave. 
  • Once available paid leave is exhausted, FMLA leave will be unpaid. Employees who work in states, counties, or cities with applicable paid sick leave laws are not required but may choose to use protected paid sick leave during FMLA leave. The concurrent use of paid leave while an employee is on FMLA leave does not extend the 12 or 26 weeks (whichever is applicable) of the employee’s FMLA leave period. In no case may the use of paid leave time during FMLA leave result in an employee’s receipt of more than 100% of their salary. An employee’s FMLA leave also runs concurrently with other types of leave, for example, any state family leave laws, whether paid or unpaid, to the fullest extent allowed by state law. FMLA leave will also run concurrently with workers’ compensation an employee may be eligible for.
     
• Treatment of University Holidays & Shutdowns 
  • When a holiday falls during a week in which an employee is taking the full week of FMLA leave, the entire week is counted as FMLA leave, unless the University is shut down for a week or more for emergency or otherwise. The University’s Winter Recess (when granted), plus the Christmas Eve, Christmas Day, and New Year’s Day will be treated as a week-long shutdown. 
  • However, when a holiday falls during a week when an employee is taking less than the full week of FMLA leave, the holiday is not counted as FMLA leave, unless the employee was scheduled and expected to work on the holiday and used FMLA leave for that day. 
  • Thus, an employee taking FMLA leave who is scheduled to report for work on a holiday during a shutdown of a week or more will be charged for any FMLA on a holiday that occurs during such a shutdown. An employee who is not scheduled to report for work on a holiday that occurs during a shutdown of a week or more will not be charged FMLA time for the holiday.
     
• Treatment of Employee Health and Welfare Benefits 
  • The University will maintain an employee’s group health plan welfare benefits coverage during FMLA leave on the same terms as if the Employee had continued to work, if these benefits were provided before the leave was taken. Employees are required to pay their regular portion of premiums during leave. Employees should contact the Office of Human Resources and Institutional Equity (TUBenefits@tulane.edu) for an explanation of their options. 
  • An employee’s health and welfare benefit coverage will cease if their premium payment is more than 30 days late (subject to the University’s obligation to provide 15 days’ advance notice of coverage termination). In some instances, the University may recover group health plan premiums it paid to maintain health plan coverage for an employee who fails to return to work from FMLA leave. 
  • While using vacation or sick time during FMLA leave, an employee who accrues vacation or sick leave will continue to accrue such leave, subject to the terms of the applicable University policies. When all vacation and sick paid time off is exhausted, the FMLA leave will be unpaid. No additional paid leave will be accrued during a period of unpaid FMLA. If eligible, short-term disability payments may replace some or all of income, but vacation and sick accruals will not continue once vacation and sick time has been exhausted until an employee returns to work.
     
• Return from Leave 
  • Upon returning from approved FMLA leave, an employee has the right to be restored to the same job or an equivalent position the employee left prior to their FMLA leave, subject to the terms, limitations and exceptions provided by law. An equivalent position means a job that is virtually identical to the original job in terms of pay, benefits, tenure protections, and other employment terms and conditions (including shift and location). 
  • An employee must:
    • notify the Standard (File Claims and Absences | The Standard or 1-800-428-2938) 2 business days prior to the employee’s expected return to work date; and
    • in the event the employee has work restrictions, they must submit a return-to-work form (available from the Standard) to the University. 
  • An employee’s health care provider must provide a fitness for duty certification on a form available from the Standard in order for the employee to return to work from a continuous FMLA leave for the employee’s own serious health condition. The certification must be submitted to an employee’s manager at least two days prior to their return to work. 
  • Although FMLA Leave cannot be extended, employees may qualify for extensions of leave beyond FMLA under a separate leave of absence policy as outlined in the respective handbooks. Without such extension, failure to return to work following the expiration of an employee’s FMLA leave may result in termination of employment or reinstatement to a different or non-equivalent position. 
  • If an employee fails to return from the leave, the University will be entitled to recover from the employee the portions of medical and dental insurance premiums that were paid for by the University with respect to the unpaid portion of the leave, unless the employee’s failure to return was due to their own serious health condition (within the meaning of the FMLA) or if there are other circumstances beyond the employee’s control. If the employee states that they are unable to return from the leave because of their own serious health condition, they must contact the Standard (File Claims and Absences | The Standard or 1-800-428-2938). The University is entitled to require the employee to provide a medical certification. 

Addendum 

States with Unpaid Family and Medical Leave Laws Similar to the FMLA 

This FMLA policy shall be deemed a written policy for each of the following states and the District of Columbia unpaid family and medical leave laws: California, Connecticut, Hawaii, Maine, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, Washington, Wisconsin, Washington, D.C. 

The University encourages you to fulfill your civic responsibility to serve as a juror when called. However, the University reserves the right to request that you be released from jury duty if your absence will negatively impact University operations. If you are called for jury duty, you must present the summons to your supervisor as soon as it is received. 

Staff employees who are categorized as regular full-time and regular part-time with benefits will receive pay during involuntary jury duty. Part-time employees will receive pay based on the percentage of full-time for which they are scheduled. Temporary employees are allowed time off but will not be paid. 

You are required to report to work at the completion of each day of jury service if it concludes prior to the end of your scheduled work hours. When you return to work at the conclusion of your period of jury duty, you must provide evidence of your dates of service to your supervisor. 

Time for appearance in court for personal business will be the employee’s responsibility. Normally, vacation days will be used for this purpose, with supervisor’s approval. 

A personal leave of absence may be requested and must be approved in advance in writing by your Dean, Director or Department Head. All personal leave requests must also be forwarded to the Office of Human Resources and Institutional Equity. 

The University reserves sole discretion to grant or deny Personal leaves of absence. A personal leave of absence is an unpaid leave for a period of 30 calendar days. In the event that you are unable to work beyond the 30 days of absence, you must request an extension of personal leave from your Dean, Director or Department Head in writing. The request for extension of personal leave may not exceed 30 days. If the leave extension is approved by the Dean, Director or Department Head, it must be forwarded to the Office of Human Resources and Institutional Equity. Any leave or combination of any University-policy leaves may not exceed six monthsin any prior 12- month period, unless otherwise required by law. 

If you go on personal leave, the department may post your position. In other words, you are not guaranteed a position upon the end of your personal leave. However, you may be considered for any available positions for which you are qualified at the time of release to return to work. 

While on a personal leave of absence, you may continue participating in the University’s various insurance programs by paying the full amount of the applicable premiums, including the amount normally paid by the University. 

You will not accumulate vacation or sick leave while you are on a personal leave of absence. Time spent on a personal leave of absence does not count toward establishing eligibility for any University benefit. 

Questions about this policy should be directed to the Office of Human Resources and Institutional Equity.

The University supports our employees who are reservists or guard members in the uniformed services. “Uniformed service” means the Armed Forces, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the Public Health Service, and any other category of persons designated in the Uniformed Services Employment and Reemployment Rights Act (USERRA). 

If you are recalled to active duty in the uniformed services, you should notify your supervisor and the Office of Human Resources and Institutional Equity as soon as possible for details regarding your rights and obligations. You will be required to submit documentation to the Office of Human Resources and Institutional Equity for all University leaves. 

The University provides a “pay differential” to preclude a loss of earnings while on a Military leave of absence for up to 30 days. The University will pay you the difference between your regular University pay and the amount you are paid by the uniformed service, including all entitlements and allowances for which you are eligible to receive. In order to receive the pay differential, you must send a written request to the Office of Human Resources and Institutional Equity along with a copy of the Leave and Earnings Statement(s) covering the period of Military leave. 

You will continue to accrue vacation and sick time during this 30-day period, and will remain enrolled in University benefits during this period. This period will be considered a regular Military leave of absence. 

You may request an Extended Military leave of absence in the event you are required to perform active duty service in the uniformed services for more than 30 days. You may continue to be covered by Tulane’s group health plans on the same terms that are applicable to active employees during Extended Military leave. You will be required to continue to pay your share of all premiums due. 

Pursuant to USERRA, if you are absent from work for an extended period of uniformed service, you are entitled to certain re-employment rights and benefits as long as:

• You gave advance notice of your impending uniformed service;
• Your cumulative length of absence does not exceed the maximum period;
• You report or re-apply for employment within the deadlines prescribed by USERRA upon your release from duty or upon your recovery from disease or injury resulting from your service; and
• You were released from active duty under other than dishonorable conditions.

In general, you are entitled to re-employment in your former or similar position. The University will make reasonable efforts to return you to your former position. 

However, if that is not possible, the University will make reasonable efforts to place you in a comparable position. Upon returning to work following Extended Military leave, you will be restored the benefits that you would have accrued if you had remained an active employee in accordance with USERRA. 

Questions about this policy should be directed to the Office of Human Resources and Institutional Equity

If you are at least sixty-two (62) years of age and have completed at least fifteen (15) years of continuous service with the University, you are eligible for an unpaid leave of up to eighteen (18) months. 

This leave allows you to maintain continuous health insurance coverage for you and your eligible dependents at your own expense for the entire duration of your Pre-Retirement leave, until you become eligible for Medicare. 

The cost for Pre-Retirement leave health insurance coverage is 100% of the premium for you and your eligible dependents. 

After Pre-Retirement leave, your employment will be terminated and you and your eligible dependents will become eligible for Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). 

Please contact the Office of Human Resources and Institutional Equity for more information. 

Voluntary Phased Retirement is intended to meet the needs of staff members who would like to transition into retirement while still providing service to the University. The policy allows staff to have a gradual work commitment reduction over a defined period of time at a reduced compensation level. Managers will be able to better provide unique mentoring opportunities for staff members while increasing access to the years of institutional knowledge and experience that retirees provide. 

Individuals interested in exploring a Voluntary Phased Retirement should begin by initiating discussions with their supervisor, ideally 2 to 6 months prior to the intended start date of the program. The discussion should include, but not be limited to the following:

• start date of the phased retirement (i.e., the period of the employee’s reduced duties and schedule);
• length of the phased retirement period;
• the percent of reduction in the work duties in each year (and the corresponding reduction in compensation); and
• the type of work assignments in each year

The work duties and schedule shall not be less than 50% of the prior work duties and schedule. 

The salary during the designated periods will be reduced based on the full-time equivalent. During the designated period, the staff member will remain eligible for promotional, merit or other salary increases based on the reduced salary. 

Eligible staff members will continue to receive health, retirement and all other applicable benefits for which they are eligible based upon the reduced salary and hours worked during the period of Voluntary Phased Retirement. Benefits eligibility is based on 50% or more of full-time equivalent. Paid time off (including sick leave and holidays) will be pro-rated based on the reduced schedule. 

Upon retirement, the staff member will not be eligible to be rehired for at least two years following the end of the Voluntary Phased Retirement period. 

A Voluntary Phased Retirement agreement must be approved in writing by the employee, supervisor, and senior officer and be on file with the Records section of the Office of Human Resources and Institutional Equity. The form is found on the Human Resources and Institutional Equity website. In addition, the supervisor must complete a personnel action request in HCM, Manager Self-Service to reduce the hours as well as adjust the pay per the terms of the agreement. 

This policy is intended as a guideline to assist in the consistent application of Tulane policies and programs for employees. This policy does not create a contract, express or implied, with any employee. Tulane reserves the right to modify this policy in whole or in part, at any time, in its sole discretion.

The policy of Tulane University is to provide staff members a Non-FMLA Medical leave of absence in accordance with the guidelines set forth below. 

An employee who is medically disabled and unable to work should first request medical leave under the Family and Medical leave policy. An employee who is medically disabled and unable to work following Family and Medical leave must apply for Long Term Disability benefits. Approval of a Family and Medical leave does not guarantee approval of Long Term Disability benefits. When the employee transitions to Long Term Disability benefits, the employee will be eligible for continuation of medical, dental, and vision benefits, in accordance with the Consolidated Omnibus Budget Reconciliation Act.

Staff members who do not meet the eligibility requirements for Family and Medical leave may request a Non-FMLA Medical leave. Such leave will be available to staff members solely for the staff member to tend to their serious health condition. For purposes of this policy, a serious health condition is an illness, injury, impairment or any physical or mental condition that requires inpatient medical care or continuing treatment by a health care provider. The University reserves complete discretion to accept or deny all requests for Non-FMLA Medical leave. 

A staff member must notify their supervisor and the Office of Human Resources and Institutional Equity when applying for any University leave. The Office of Human Resources and Institutional Equity will inform the employee and department when a leave has been approved. In addition, the Office of Human Resources and Institutional Equity will inform the employee and department when the leave has expired. 

Staff members must submit medical certification in support of the Non-FMLA Medical leave request to the Office of Human Resources and Institutional Equity if more than five days of consecutive absence is anticipated. The Office of Human Resources and Institutional Equity can request additional information to assist it in assessing the claim for leave. 

Any leave or combination of any University policy leaves may not exceed six months in any rolling 12-month period unless otherwise required by law. 

Employees are required to use their accrued paid sick and vacation hours during Non-FMLA Medical leave. Once paid leave is exhausted, the remainder of the leave is unpaid. You will not accumulate vacation or sick hours while you are in an unpaid status. Employees on an approved Non-FMLA Medical leave may continue to be covered by Tulane’s group health plans on the same terms that are applicable to active employees. You will be required to continue to pay your share of all premiums due. 

When you return to work, you must provide a medical certification of fitness to return to work. If you go on Non-FMLA Medical leave, the department may post your position. In other words, you may not be guaranteed a position upon the end of your Non-FMLA Medical leave. However, you may be considered for any available positions for which you are qualified at the time of release to return to work. 

Questions about this policy should be directed to the Office of Human Resources and Institutional Equity.