Common use of Unpaid Medical Leave Clause in Contracts

Unpaid Medical Leave. A. The University complies with and exercise its rights under and pursuant to the Family and Medical Leave Act and the Americans with Disabilities Act (as amended). Therefore, the initial portion of this leave all shall exhaust the employee's FMLA entitlement (i.e., FMLA leave runs concurrently with leave under this article), and all entitlement to paid leave will be used before any unpaid leave commences. B. Employees who exhaust all accumulated paid leave balances but are unable to return to work due to their own, dependent child's, spouse's, or domestic partner's serious health condition or the employ- ee's own disability (as those terms are defined in the Family Medical Leave Act and the Americans with Disability Act as amended) may apply for and receive a period of unpaid medical leave in accordance with the schedule and terms set forth below: 1. Employees with five (5) years or less of continuous Miami service are not entitled to unpaid medical leave in excess of the leave provided under the Family Medical Leave Act. 2. Employees with more than five (5) years, but less than ten (10) years of continuous Miami service may take unpaid medical leave for a period up to 180 days. During the first 90 days of unpaid medical leave, during which time the University shall maintain the employ- ee's health insurance upon the same terms and conditions as other bargaining unit employ- ees. Upon return from unpaid medical leave, the employee shall be placed in any vacant position in their former classification, or successively lower classifications if no vacancy exists in the employee's former classification, provided the employee is qualified for the position. 3. Employees with ten or more years of continuous Miami service may take unpaid medical leave for a period up to 365 days. During the first 180-days of unpaid medical leave the University shall maintain the employee's health insurance upon the same terms and condi- tions as other bargaining unit employees. Upon return from unpaid medical leave, the employee shall be placed in any vacant position in their former classification, or suc- cessively lower classifications if no vacancy exists in the employee's former classifica- tion, provided the employee is qualified for the position. Upon return from unpaid medical leave, the employee will be returned to their former assignment. 4. Except as required by law, no employee shall be entitled to more than their cumulative totals, including benefits continuation, set forth above, within any five (5) year period beginning with the last day of their unpaid leave. C. The University requires medical certification of the need for Unpaid Medical Leave. The Univer- sity reserves the right to require, at its own expense, the employee to obtain a second medical certification from a health care provider. The University will choose the health care provider for the second opinion. If the opinion of the employee's and the University's designated health care providers differ, the University may require the employee to obtain certification from a mutually agreed upon third health care provider, again at the University's expense. D. During any leave of absence under this Article, the employee shall accumulate seniority for only the first one-hundred eighty (180) calendar days of such leave. Upon return to work the employee's seniority date shall be adjusted accordingly. E. The employee must give notice of intent to return from Unpaid Medical Leave and provide evidence of the employee's ability to return to work from the employee's health care provider (fitness for duty certification). F. The University fully subsidizes a long term disability insurance policy. That policy pays eligible employees a percentage of his/her of salary beginning 180 days from the onset of a disability irrespective of pay status. Benefit eligible employees with a qualifying disability or condition are eligible to apply for benefits under this policy. OPERS offers vested employees with the possibility of some salary continuation and the ability to purchase insurance at a reduced cost.

Unpaid Medical Leave. A. The University complies with and exercise its rights under and pursuant to the Family and Medical Leave Act and the Americans with Disabilities Act (as amended). Therefore, the initial portion of this leave all shall exhaust the employee's FMLA entitlement (i.e., FMLA leave runs concurrently with leave under this article), and all entitlement to paid leave will be used before any unpaid leave commences. B. Employees who exhaust all accumulated paid leave balances but are unable to return to work due to their own, . dependent child's, or legal spouse's, or domestic partner's serious health condition or the employ- eeemployee's own disability (as those terms are defined in the Family Medical Leave Act and the Americans with Disability Act as amended) may apply for and receive a period of unpaid medical leave in accordance with the schedule and terms set forth below: 1. Employees with five (5) years or less of continuous Miami service are not entitled to unpaid medical leave in excess of the leave provided under the Family Medical Leave Act. 2. Employees with more than five (5) years, but less than ten (10) years and above of continuous Miami service may apply to take unpaid medical leave for a period up to 180 days. During the first 90 days period of unpaid medical leave, during which time the University shall maintain the employ- eeemployee's health insurance upon the same terms and conditions as other bargaining unit employ- eesemployees for up to 90 days for employees with more than five (5) years but less than ten (10) years of continuous service, and up to 120 days for employees with more than ten (10) years of continuous service. Upon return from unpaid medical leave, the employee shall be returned to their former assignment should a vacancy exist, and if not, the employee shall be placed in any vacant position in their former classification, or successively lower classifications if no vacancy exists in the employee's former classification, provided the employee is qualified for the position. 3. Employees with ten or more years of continuous Miami service may take unpaid medical leave for a period up to 365 days. During the first 180-days of unpaid medical leave the University shall maintain the employee's health insurance upon the same terms and condi- tions as other bargaining unit employees. Upon return from unpaid medical leave, the employee shall be placed in any vacant position in their former classification, or suc- cessively lower classifications if no vacancy exists in the employee's former classifica- tion, provided the employee is qualified for the position. Upon return from unpaid medical leave, the employee will be returned to their former assignment. 4. Except as required by law, no employee shall be entitled to more than their cumulative totals, including benefits continuation, set forth above, within any five (5) year period beginning with the last day of their unpaid leave. C. The University requires medical certification of the need for Unpaid Medical Leave. The Univer- sity University reserves the right to require, at its own expense, the employee to obtain a second medical certification from a health care provider. The University will choose the health care provider for the second opinion. If the opinion of the employee's and the University's designated health care providers differ, the University may require the employee to obtain certification from a mutually agreed upon third health care provider, again at the University's expense. D. During any leave of absence under this Article, the employee shall accumulate seniority for only the first one-one- hundred eighty (180) calendar days of such leave. Upon return to work the employee's seniority date shall be adjusted accordingly. E. The employee must give notice of intent to return from Unpaid Medical Leave and provide evidence of the employee's ability to return to work from the employee's health care provider (fitness for duty certification). F. The University fully subsidizes a long long-term disability insurance policy. That policy pays eligible employees a percentage of his/her of salary beginning 180 days from the onset of a disability irrespective of pay status. Benefit eligible employees with a qualifying disability or condition are eligible to apply for benefits under this policy. OPERS offers vested employees with the possibility of some salary continuation and the ability to purchase insurance at a reduced cost.