An employee may be granted a leave of absence without pay for reasons such as illness or work-incurred disability, parental leave, pregnancy disability leave, the need to provide care for members of his or her family, education that will directly increase job effectiveness, or outside research or business activities. In granting the leave, the department or division head will consider the best interests of the Laboratory and the likelihood that the employee, if in good health, will return after the leave for a worthwhile period of time. The department or division will hold open a position during the employee's requested leave of absence without pay in accordance with Paragraphs (H)-(I), below. Leave without pay granted for medical reasons, leave granted for child bearing, and work-incurred disability may require written certification from the employee's health-care provider.
Certain benefits continue during an approved leave of absence without pay, as noted below. Such leaves do not constitute a break in service.
Employees do not accrue vacation or sick-leave credit and are not allowed any paid leave during leave of absence without pay, except as provided in RPM §§2.08(B)(4) (Short Month's Work), 2.09(C)(8) (Accrual During Leave Without Pay), and 2.10(D)(1) (Short-Term Leave). Accrual of vacation and sick-leave credits are resumed on the employee's return to pay status.
An employee on an approved family care and medical leave is entitled to continue participation in health plan coverage (medical, dental, and optical) as if on pay status for up to 12 work weeks in a 12-month period. An employee on any other type of leave without pay may be allowed to continue to receive health plan coverage for a period of up to 24 months but must make arrangements for payment of premiums.
For the effect of a leave of absence without pay on retirement and group insurance, employees should contact the Benefits Office.
Leaves of absence without pay require authorization as provided in the following table. Family Medical Leave Act (FMLA) leave and pregnancy disability leave do not require the authorizations indicated below unless the leave extends beyond four months, the employee is not eligible for those types of leave, or the employee has exhausted his or her FMLA leave or pregnancy disability leave benefits.
| Table 2.12(C) Authorization for Leaves of Absence Without Pay |
|||
| Duration |
Division director/ department head
|
HR head or designee
|
Associate
Laboratory Director for Operations
|
| < 6 months |
x | ||
| > 6 months to <12 months | x | x | |
| > 12 months |
x | x | x |
Recommendations for leaves of absence without pay require the submission of a memorandum of justification to the division director. Justification should include the following:
Unless otherwise requested by the employee and approved by the division director or department head, approved leave without pay begins when all vacation and applicable sick leave credit has been exhausted. See RPM §2.09 (D) (Use of Sick Leave). This provision does not apply to family care and medical leave. See RPM §2.13(E) (Use of Accrued Paid Leave).
When an employee's vacation and sick-leave credit is exhausted during a period of paid leave, the employee's division or department is responsible for submitting a Personnel Action Form (PAF) (Stock Form 7600-55050) in either paper or electronic form to the Payroll Unit.
Upon approval of the Laboratory Director, leave without pay may be granted to an employee who is called or volunteers to serve in scientific research and development under the auspices of the federal government during a war or comparable period of national emergency. Such an employee is not eligible for the pay for military leave that is provided in RPM §2.14.
An employee disabled from working because of pregnancy, childbirth, or related medical conditions is eligible for and, on the employee's request, must be granted a leave of absence for up to four months during the period of disability. Pregnancy disability leave may consist of leave without pay and/or paid leave such as accrued sick leave and/or accrued vacation leave.
If the period of disability continues beyond four months, a personal leave may be granted. Employees are strongly encouraged to contact Health Services for confidential counseling regarding their pregnancy status as well as any work-related issues.
If an employee on approved pregnancy disability leave is also eligible for family care and medical leave under RPM §2.13 (Family Care and Medical Leave), up to 12 work weeks of pregnancy disability leave will run concurrently with family care and medical leave under federal law. On termination of concurrent leave, an employee is also entitled to up to 12 work weeks of state family care and medical leave for any covered reason except pregnancy or related medical conditions.
When medically necessary, an employee may take pregnancy disability leave on a reduced work schedule or an intermittent basis. The Laboratory may require an employee who is on a reduced work schedule or intermittent leave to temporarily transfer to an alternative position if this position better accommodates the required work schedule than the employee's own position. Exempt employees may elect to use accrued vacation and/or sick leave in four-hour increments in lieu of unpaid leave. Nonexempt employees may elect to use accrued vacation and/or sick leave in half-hour increments in lieu of unpaid leave.
The employee will be reinstated to his or her same position as long as the employee returns to work within four months and immediately following termination of pregnancy disability leave. If the employee would have been laid off or terminated had he or she remained on pay status during the leave period, reinstatement will be to a similar job at the same location. If a similar position is not available, the employee will be afforded the same considerations extended to other employees who are laid off or terminated. See RPM §2.21(B) (Reduction in Force).
As an alternative to, or in addition to, pregnancy disability leave, the Laboratory will temporarily modify a pregnant employee's position or transfer a pregnant employee to a less strenuous or hazardous position under the following circumstances:
A temporary modification or transfer will not be counted toward an employee's entitlement to up to four months of pregnancy disability leave. An employee will be reinstated to the same or similar position under Paragraph (F)(4), above. Additional provisions apply when the employee takes a medical leave in connection with her pregnancy. See RPM §2.13(H) (Interaction of Family Care and Medical Leave with Pregnancy Disability Leave).
An employee who is off pay status because of a work-incurred illness or injury may be placed on leave without pay, except that any leave without pay that is granted will not extend beyond a predetermined date of separation. When an employee is (1) on a workers' compensation absence because of an on-the-job injury or illness and (2) eligible for leave under the Family Medical Leave Act (FMLA), the workers' compensation absence and FMLA leave will run concurrently. See also RPM §§2.13 (Family Care and Medical Leave), 2.15 (Workers' Compensation Insurance).
A career employee may be granted a leave without pay for personal reasons such as education that will directly increase job effectiveness. In granting such a leave, the department or division head will consider the best interests of the Laboratory. The employee will be reinstated to the same or, at the department's or division's discretion, a similar position in the same department as long as the employee returns to work immediately following the end of the leave. If the employee would have been laid off or terminated had he or she remained on pay status during the leave period, the provisions of Paragraph (I)(1), below, and RPM §2.21(B) (Reduction in Force) will apply.
An employee who is granted a leave of absence without pay is reinstated to the same or similar position at the expiration of leave unless otherwise agreed when the leave was granted or unless changes in the research program or employment levels have occurred that would have affected the employee had he or she not been on leave. See the special provisions on reinstatement following family care and medical leave (RPM §2.13(J) (Returning to Work)) and reinstatement following a pregnancy disability leave (Paragraph (F)(4), above). If the position has been abolished during a leave without pay, the employee must be reinstated to a similar job in the same department (at management's discretion if the leave was a personal leave). If a similar job is not available, the employee must be afforded the same considerations that would have been available had he or she been on pay status when the position was abolished. See RPM §2.21(B) (Reduction in Force).
Under RPM §2.09(D)(11) (Medical Clearance to Return to Work), when an employee has been absent for five or more consecutive workdays because of his or her illness or injury unrelated to work, he or she is required to provide a release to return to work to Health Services. The release must include any information regarding medical restrictions, as certified by the treating physician, that may affect the employee's ability to perform his or her job.
If the employee fails to return to work for medical reasons and all available leave has been exhausted, the employee must be informed in writing of the availability of reasonable accommodation under RPM §2.01(B)(4) (Reasonable Accommodation).
If the employee fails to respond or declines participation in the reasonable accommodation process, the employee may be terminated under RPM §2.21(E) (Medical Separation) if all leave credits provided in RPM §2.13(F) (Duration of Leave) and (G) (Supplemental Family Care and Medical Leave) have been exhausted.If the employee fails to return to work for nonmedical reasons and all available leave has been exhausted, the employee will be placed on unapproved leave without pay pending clarification of the reasons for the failure to return. See §RPM 2.05(L) (Unauthorized Absences and Job Abandonment).