Family and Medical Leave for Nine-Month Faculty

Executive Summary

This Policy addresses how faculty with academic year (9-month) appointments with qualifying conditions are covered under the Family and Medical Leave Act (FMLA).

I. Policy

This Policy authorizes paid leave (hereinafter “Continuation Pay”) for faculty with academic year (9-month) appointments with qualifying conditions covered under the Family and Medical Leave Act (FMLA). Qualifying conditions under the FMLA include, but are not limited to:

• care for a child, spouse, parent with a serious health condition;
• a personal serious health condition;
• placement of or care for an adopted or foster child;
• birth or care for a newborn; or
• care for an immediate family member or next of kin injured while on active duty, and for certain life events triggered by an immediate family member’s call to active duty.

II. Purpose

Because full-time 9-month faculty members’ benefits do not include sick or vacation leave, the University of North Carolina at Charlotte provides Continuation Pay for a period of up to one semester for eligible faculty. This benefit is provided so that there is less disruption in the classroom.

Short-term leaves of less than six weeks during a semester should be handled at the department and/or college levels by scheduling existing faculty to provide coverage for an absent colleague.

III. Eligibility

A. This Policy applies to faculty with academic year appointments who: (a) do not accrue sick leave; and, (b) are eligible for membership in the Teachers’ and State Employees’ Retirement System of North Carolina or the State’s Optional Retirement Program.

B. The Policy does not apply to faculty with fiscal year (11- or 12-month) appointments, because they are eligible for and accrue sick and vacation leave that can be used for FMLA leave.

IV. Continuation Pay

A. An eligible faculty member must work for the University for two consecutive academic semesters, excluding summer (fall/spring or spring/fall) before becoming eligible for Continuation Pay under this Policy. After an eligible faculty member receives Continuation Pay for a semester, they must work another two consecutive academic semesters, excluding summer (fall/spring or spring/fall) before becoming eligible to request and receive another semester of Continuation Pay.

B. A faculty member who resigns, is separated, retires or is otherwise terminated or discharged by the University during a scheduled leave period may not receive Continuation Pay beyond the date of such resignation, separation, retirement, termination or discharge.

C. Continuation Pay under this Policy is not available during the period from May 16 through August 14.

D. If a faculty member has a qualifying condition after having exhausted their Continuation Pay benefit, the faculty member may be eligible for disability benefits and should contact the HR Benefits Office for guidance.

V. Administration of Leave

A. A faculty member must apply for FMLA leave/Continuation Pay through Human Resources to ascertain if they qualify. Upon receipt of preliminary approval from Human Resources, the faculty member should complete the Academic Affairs form AA-32 and obtain all the necessary departmental and college approvals. The Provost’s office will provide written notification with final approval of the faculty member’s request.

B. When a non-tenured, tenure track faculty member is granted Continuation Pay, an automatic one-year extension of the tenure clock will be granted. The tenure clock extension will be discussed and verified in the Provost’s approval letter. A maximum of two (2) automatic one-year extensions of the tenure clock will be granted to an individual under this Policy. Notwithstanding the foregoing, a faculty member may opt out of the automatic one-year extension to the tenure clock by giving written notice of the opt out decision to the Provost, Dean and Department Chair.

C. No professional activity is expected or required while receiving Continuation Pay. The faculty member may choose to continue some professional duties during the semester of leave, but their supervisor cannot and should not require it.

D. A faculty member must immediately notify the department chair and dean, in writing, if her/she will not be returning from leave as planned.

VI. Coordination with Other Policies

A. Continuation Pay authorized under this policy does not impact or reduce a faculty member’s employer paid benefits, such as retirement or health insurance.

B. If it is anticipated that an illness or disability will require an extended absence from faculty duties for a period longer than one semester, the HR Benefits Office can provide information on the Disability Income Plan of North Carolina (DIPNC) and other applicable voluntary supplemental disability programs.

C. The North Carolina Family Illness Act allows for an extension of up to 52 weeks of leave without pay during a five-year period in cases of serious illness of a child, spouse, or parent.

D. Other faculty leave policies/procedures:

• University Policy 102.15, Personal (Non-FMLA) Leaves of Absence for Nine-Month Faculty
• Educational Leaves of Absence (under development)
• Reassignment of Duties Program
• University Policy 102.12, Faculty Military Leave

Related Resources

• University Policy 102.13, Tenure Policies, Regulations, and Procedures
• University Policy 102.15, Personal (Non-FMLA) Leaves of Absence for Nine-Month Faculty
• University Policy 102.12, Faculty Military Leave
• Reassignment of Duties Program
• FMLA Benefits Forms
• Family and Medical Leave Act (FMLA)
• Personnel Information Memorandum Number 9 (PIM-9)
• AA-32 Request for Leave of Absence for a Member of the Faculty in 9-month Appointment

Authority

Chancellor

Policy Revisions