§ 9400 LEAVE POLICIES

§ 9401 Sick Leave.

Those with sick leave accumulated in the past may use it for periods they or those that are relatives as per the family and medical leave act are sick.  A medical practitioner note and proof of relation may be requested by the supervisor for the leave to be granted.  A Sick Leave Request form needs to be filled out and signed by the individual and the supervisor for the leave to be granted.

·         Conversion of Unused Sick Leave:  Should an eligible employee retire at Utah Retirement System dates with accrued sick leave, UHCSSD shall reimburse the employee at one half their current rate of pay for the unused sick leave.

§ 9402 Bereavement Leave.

 PTO may be used for bereavement leave.

§ 9403 Jury and Witness Duty Leave.

If employee is a full-time regular employee who is summoned to jury duty during a scheduled work period, UHCSSD continues employee’s salary during employee’s active period of jury duty.  Employee is required to defer to the courts and sign over to the UHCSSD allowance employee receives from the court for such service to be eligible for salary payment.  If employee is not a full-time regular employee, employee is given time off without pay while serving jury duty. All employees are allowed unpaid time off if summoned to appear in court as a witness.

To qualify for jury leave, employee must submit to supervisor a copy of the summons to serve as soon as it is received.  In addition, proof of service must be submitted to employee’s supervisor when employee’s period of jury or witness duty is completed. UHCSSD will make no attempt to have employee’s service on a jury postponed except where business conditions necessitate such action.

§ 9404 Family and Medical Leave.

As an employer subject to the Family and Medical Leave Act of 1993 (FMLA), UHCSSD offers family and medical leaves of absence to eligible employees.

§ 9404.01 General Leave Provisions.

To be eligible for FMLA (Family and Medical Leave Act), an employee must have been employed by the UHCSSD for at least one year, have worked at least 1,250 hours within the preceding 12month period, and work at a worksite or office where 50 or more employees are employed within a 75-mile radius.

Under FMLA, an eligible employee may take up to 12 weeks of unpaid leave during a 12-month period for (1) the employee's own serious health condition, (2) the birth of a child or placement of a child with the employee for adoption or foster care or (3) care of a child, spouse or parent who has a serious health condition.  A "serious health condition" is defined as an illness, injury, impairment or physical or mental condition that involves inpatient care in a medical facility or continuing treatment by a health care provider. 

Leave to care for a new child must be taken within one year of the birth or placement for adoption or foster care.  If an employee is taking leave for the birth of a child or to care for a new child, the employee may be required to substitute accrued PTO and/or sick leave, including all accumulated PTO carry-over, for the first portion of the 12-week leave provided for in the Family and Medical Leave Act.

If leave is taken based on the employee's own serious health condition or the serious health condition of a spouse, child, or parent, the employee may be required to substitute all accrued paid sick leave as well as all accrued paid and accumulated vacation leave for the first portion of the 12-week leave provided for in the FMLA.  (For example, if an employee has accumulated three weeks of sick leave and two weeks of vacation, the employee may be required to take five weeks of paid leave before receiving seven weeks of unpaid leave under this policy.)

If spouses are both employed by the UHCSSD and seek leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent with a serious health condition, their combined leave is limited to 12 weeks.

Eligible employees must take FMLA leave in consecutive weeks, unless, for reason of serious health condition, intermittent leave or a reduced leave schedule is necessary.  In all cases, the leave may not exceed a total of 12 weeks, January 1st – December 31st.  The UHCSSD may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule.

§ 9404.02 Notice.

When an employee plans to take leave under this policy, the employee must give UHCSSD 30 days’ notice.  If it is not possible to give 30 days’ notice, the employee must give as much notice as is practicable.

If the need for leave is foreseeable based on planned medical treatment, the employee should (1) make a reasonable effort to schedule treatment so as not to disrupt unduly the operations of the UHCSSD and (2) give notice that the employee intends to take leave at least 30 days before the leave is to begin.  If the situation requires that leave begin in less than 30 days, the employee should provide such notice as is practicable.

Except where the need for FMLA leave is not foreseeable, an employee requesting leave must obtain the appropriate form and give notice by submitting it to their supervisor who will forward a copy to the Executive Director.  If the appropriate form cannot be completed in advance because the need for leave is not foreseeable, the form shall be completed and submitted as soon as possible.

§ 9404.03 Benefits and Employment Status.

At the end of FMLA leave, an employee is entitled to return to their previous position or to an equivalent position with no loss of benefits. 

An employee on FMLA leave will receive health insurance benefits while on leave under the same terms and conditions as when they were on the job, provided the employee's portions of medical, vision and dental insurance premiums are paid in a timely manner.  If an employee is on paid leave due to accrued vacation or sick leave, the employee's contributions will be collected in the normal manner through payroll deductions.  If an employee is on unpaid leave, the employee's contributions must be paid at the time they would have been collected by payroll deduction.

If an employee does not return to work after FMLA leave for reasons other than a serious health condition or some other reason beyond the employee's control, the employee will be required to reimburse the UHCSSD for the full amount of health insurance premiums paid by the UHCSSD during unpaid FMLA leave.

 The UHCSSD will continue to pay the premiums for basic life insurance during FMLA leave for up to 12 weeks.  At the option of the employee, additional amounts of life insurance may be continued or discontinued.  If the employee elects to continue; insurance premiums will be deducted from any pay received for accrued vacation or sick leave.  If the employee is on unpaid leave, the employee's contributions must be paid at the time contributions would have been collected by payroll deduction.  If the employee elects to discontinue the additional life insurance, coverage may be reinstated upon the employee's return to work.

While on unpaid leave of absence, an employee will not accrue any vacation and sick leave.

 § 9404.04 Certification.

If the FMLA leave is required because of a serious medical condition, the employee must provide certification from the employee's health care provider documenting the condition upon which the request for FMLA leave is based.

Certification must include: (1) date of onset of condition, (2) expected duration, (3) appropriate medical facts regarding the condition, and (4) a statement that the employee is needed to care for a spouse, parent or child (and the estimated time required) or a statement that the employee is unable to perform their job functions.  If intermittent leave or a reduced leave schedule is requested, the certification must also include a statement of the medical necessity for the intermittent leave or reduced leave schedule and the dates and durations of treatments to be given.

UHCSSD may require that a second opinion from a different health care provider be obtained at the UHCSSD's expense.  If there is a conflict in the two opinions, the UHCSSD may pay for a third health care provider to render a third and final opinion.

UHCSSD may require subsequent recertification on a periodic or other reasonable basis.

If employee has any questions regarding his or her rights under the FMLA, or would like to request this leave, please contact the Executive Director.

§ 9404.05 Medical Leaves of Absence for Non-Eligible Employees.

Medical (including pregnancy) leaves of absence for periods up to three months may be requested by full-time regular and part-time regular employees who are not eligible for coverage under FMLA.

If employee expects to be absent for more than five consecutive work days as a result of an illness, injury, pregnancy, or disability, employee must submit a written request for medical leave to his or her supervisor and the Director as far in advance of employee’s anticipated leave date as practicable.  If absence is due to an emergency, employee or a member of employee’s immediate family must inform employee’s supervisor or head of department as soon as practicable.  This should be followed up with a written leave request, normally submitted within three days of the beginning of leave.  All medical leave requests must be accompanied by appropriate medical certification from employee’s physician, indicating the condition necessitating employee’s leave request and employee’s projected date of return to work.

If leave request is granted, the employee is required to provide UHCSSD with additional physician's statements at least once every thirty days or more frequently if requested attesting to continued disability and inability to work.  The employee may also be required to provide the UHCSSD access to medical records or to submit to an examination at any time by a physician designated by the UHCSSD at its discretion.

Before being permitted to return from medical leave, the employee is required to present UHCSSD with a note from their physician indicating that employee is capable of returning to work.

All UHCSSD benefits that operate on an accrual basis (e.g., paid time off) continue to accrue when employee uses PTO during employee’s medical leave.  All UHCSSD group health benefits (e.g., hospitalization and major medical insurance) continue during employee’s paid leave.  If employee is on unpaid medical leave of absence, please refer to §9406 Personal Leaves of Absence for Non-Eligible Employees.

Unless applicable federal, state or local law requires otherwise, reinstatement cannot be guaranteed to any employee returning from medical leave.  Employees are notified by the Executive Director regarding any such right to reinstatement prior to the commencement of their leaves.  UHCSSD endeavors, however, to place employees returning from leave in their former positions or positions comparable in status and pay, subject to budgetary restrictions, UHCSSD's need to fill vacancies, and the ability of UHCSSD to find qualified temporary replacements.

§ 9405 Discretionary Leave.

The Executive Director may grant leave without pay to employees that don’t qualify for other leave when events impact an employee’s regular work schedule. It will be noted on a leave request form.

§ 9406 Personal Leaves of Absence for Non-Eligible Employees.

Unpaid personal leaves of absence for a period of up to thirty days may be requested by full-time regular and part-time regular employees who are not eligible for FMLA coverage and who have completed three months of continuous service.  Employee must request personal leaves in writing at least two weeks prior to the time employee wishes such leave to commence.  If the personal leave request is necessitated by an emergency, employee or a member of employee’s immediate family must notify employee’s supervisor or the head of employee’s department as soon as is practicable.  This should be followed up with a written explanation of the nature of the leave and the expected length of absence.  In such emergency situations, the written explanation must normally be submitted within three days of the beginning of employee’s leave.

Personal leave may be granted for justifiable reasons (e.g., child care or to care for an ill family member) at UHCSSD's discretion, provided the leave does not seriously disrupt UHCSSD's operations.  Personal leaves are not granted until all accrued unused vacation and personal days have been exhausted and shall not be used to extend or any way enlarge UHCSSD's obligation under the Family and Medical Leave Act.

Reinstatement cannot be guaranteed to employees returning from personal leaves. However, UHCSSD endeavors to place employees returning from personal leave in their former positions or positions comparable in status and pay, subject to budgetary restrictions, UHCSSD's need to fill vacancies, and the ability of UHCSSD to find qualified temporary replacements.

§ 9407 Education and Training Leave.

Special leave with full or partial pay, or without pay, may be granted by the Executive Director upon recommendation of the Director’s head, for attendance at professional conferences and meetings for education or training purposes, when these activities are in the best interest of the UHCSSD.

§ 9408 Voting Leave.

Employees are encouraged to vote and should seek to vote early or by absentee ballot in advance to elections.  If it is proven that an employee had no opportunity to vote before election day then the employee will be allowed to take time off work to vote.