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Medical, Maternity, and Parental Leave FAQ
What is the purpose of this policy?
Prior to this policy, academic year (9-month) faculty did not earn sick or vacation leave. If 9-month faculty needed time off for medical conditions, maternity leave or parental leave, they had to negotiate their leave with their department head and/or dean. In order to provide a more equitable solution in these types of cases, this policy was created. Note that the types of serious health conditions, maternity leave and parental leave this policy covers is that which is covered under the Family and Medical Leave Act.
What is the Family Medical Leave Act (FMLA)?
For more information about FMLA, refer to NC State University's Policy 706 or the U.S. Department of Labor Family and Medical Leave Act of 1993. FMLA entitles employees to 12 weeks of leave without pay. Note that all periods of paid time off under Policy 23.02 will be construed as family medical leave under FMLA and the paid leave will run concurrently with the FMLA entitlement of 12 weeks.
Who is covered by this policy?
This policy applies to all individuals employed under the provisions of the tenure policy (refer to the Academic Tenure Policy 05.20.01) who are eligible for participation in either the North Carolina State Retirement System or the Optional Retirement Program and who have an academic year (9-month) appointment. In addition, to maintain consistency with FMLA, the faculty member must have been employed at NC State University for one year or worked for 1040 hours to be eligible for this benefit. The policy does NOT apply to those faculty with fiscal year (12-month) appointments because they earn both sick and vacation leave.
What is the amount of leave provided by this policy?
This policy provides paid leave for a maximum of 40 workdays per 12-month period. This means the leave does not accrue nor is it applied to length of service and/or retirement. If the faculty member wishes to petition for more than 40 work days of leave, then he or she will need to negotiate this with their department head and/or dean. Note that "work days" is defined as those days the University is open for business and, for the purposes of this policy, includes the days between August 16 and May 15, since this policy is for faculty on academic year contracts.
How is the benefit administered?
Any faculty member wishing to use the benefits administered by this policy needs to contact Human Resources at 919-515-2135; Human Resources oversees the administration of this policy. In cases where there is an unexpected medical emergency, the faculty member needs to notify his or her department head as soon as possible of the need for leave. Once the request has been made, and it is for the case of a serious health condition, the department head (or dean) may request medical verification of the faculty member's health condition as well as a physicians' statement about the probable length of absence from normal duties. The faculty member is responsible for getting this medical verification and physician's statement to the department head (or dean). If the faculty member is requesting leave for the purpose of caring for a family member or dependent, the department head may request medical verification of that person's health condition. The department head may also talk with the faculty member about the circumstances that make it difficult or impossible for the faculty member to carry on with essential functions of their position. The department head will forward the written request to the dean, and the dean is responsible for making decisions about approved leave. The dean will provide written notification of his or her decision to the department head, and the department head will advise the faculty member of the decision along with a copy of the dean's written notification. The dean and department head are responsible for determining an arrangement for covering the duties of the person on leave.
Are there any forms that need to be submitted for record-keeping purposes?
Yes, the employee requesting the paid leave needs to complete the Family Medical Leave Application. This form should be submitted to the department’s personnel representative who will forward copies of the form to Human Resources and the Office of Academic Personnel Services.
How does use of this policy impact the tenure clock?
A faculty member who is granted paid leave is eligible for an extension of the time period for the permanent tenure decision if the faculty member so chooses. The faculty members should apply for that extension through the department head and the dean to the provost at the time the paid leave is granted. Refer to the Academic Tenure Policy 05.20.01 for further information about the tenure process.