Dear Faculty Relations 鈥� I need to take some time off to deal with my health issues. Why do I need leave under the Family Medical Leave Act (FMLA) if I am a tenured/tenure-track faculty member? How is it in my best interest to file for leave under the FMLA when I have accrued sick leave? What happens if I need to be out past the 12-week FMLA entitlement?听鈥� Needing time off
Dear Needing time off - The FMLA is a federal employment law that provides employees with job-protected leave administered by CU. FMLA is granted for reasons such as the birth, adoption, or foster care of a child, care of an immediate family member, or when you can鈥檛 work because of a serious health condition. Starting FMLA provides employees with benefits and resources that they might not be entitled to or notified of otherwise and ensures that your absence cannot be used against you in performance and tenure conversations.
Leave under the FMLA is unpaid; however, the Department of Labor allows each employer to provide paid leave through their own policies. Sick leave on its own does not provide employees with job protection. At CU, employees who file for FMLA will receive job protection and be able to use their sick leave accruals concurrently to continue receiving pay.听Also, if you are not yet tenured, medical leave for a semester or the greater part of a semester may provide the possibility of qualifying for a year-long tenure clock stoppage, however, this tenure clock stoppage cannot be granted retroactively.
Faculty members who need more than 12 weeks of job-protected leave should work with their Chair and their Dean鈥檚 Office to obtain additional leave approval. Faculty members may also reach out to the Americans with Disabilities Act (ADA) Compliance Office to request additional leave or other workplace accommodations. When applicable, faculty members should always work with their Chair and their Dean鈥檚 Office to submit leave requests through the Office of Faculty Affairs (OFA).
Written by , Employee Relations Consultant and Leave Program Manager, Employee Relations, 彩民宝典, December 2021