UNPAID MEDICAL LEAVES OF ABSENCE | KCTCS

Administrative Policies

Unpaid Medical Leaves of Absence

Policy Number: 2.14.2.3

Current Effective Date: 01/04/2007

Original Effective Date: 06/22/1998

Revision Dates: 01/04/2007

Revision Number: 1

Revision Summary:

Responsible Official: Vice President, Administrative Services

References:

KCTCS Personnel System

Accrued temporary disability leave and/or vacation leave shall be used during the period of temporary disability until the paid leave is exhausted. Employees shall be in a leave without pay status when accrued temporary disability leave and vacation leave are exhausted. However, in order for an employee’s leave without pay to be considered an approved leave, a formal approval shall be requested and a determination made regarding the approval.

Upon a written request by or on behalf of an employee, KCTCS shall determine if an extended unpaid leave of absence for an employee’s illness, disability or pregnancy shall be approved, at the discretion of the college president/ceo, or of the appropriate cabinet level official for a system office employee. To request an unpaid medical leave of absence from the supervisor, an employee shall submit to the supervisor and college president/ceo, or have someone submit on his/her behalf, a written request along with a statement of ill health or disability from the employee’s doctor stating the need to be off work for a specified period of time. An approved unpaid medical leave may initially be granted for up to ninety (90) calendar days. If necessary, an employee may request extensions beyond that period in thirty (30) calendar day increments, for a total maximum of one (1) year. Such a request for each extension shall also be made in writing and submitted along with an additional statement of ill health or disability from the employee’s doctor stating the need to be off work for a specified period of time.

The college president/ceo, or the appropriate cabinet level official for a system office employee, may disapprove all or any portion of any request, for an unpaid medical leave.

Employees are required to give as much notice as possible of their pending need for an unpaid medical leave of absence.

In the case of pregnancy, employees shall inform their supervisor as soon as possible of the date that their doctor anticipates that they will need to begin their leave.

KCTCS shall attempt to either hold employees’ position open during an approved unpaid medical leave of absence or to allow them to return to a similar position that is available for which they are qualified. For employees whose unpaid medical leave of absence is also a Family Medical Leave, upon return from the leave they shall return to their original position or to a like position.

At the time a sick/disability leave begins, an employee shall use any accrued paid temporary disability/sick leave, vacation/annual leave, and/or compensatory leave until it is exhausted prior to going into a leave without pay status. KCTCS administrative policies, procedures, and regulations regarding vacation/annual and temporary disability/sick leaves state provisions regarding the loss of accrual of leave time during an unpaid leave of absence.

Employees shall review their group insurance booklet to determine the available insurance coverage during a leave of absence. In addition, KCTCS employee benefits policies and procedures state provisions regarding the loss of the employer insurance premium contribution during certain unpaid leaves of absence, and employees’ responsibility regarding payment of insurance premiums in order to ensure continuation of insurance coverage.

Employees who remain away from work either: 1) for more than the period of time allowed by this policy, 2) for an unapproved or partially unapproved leave of absence, or 3) who fail to request such a leave, shall be considered to have resigned from their employment.

Upon returning from an unpaid medical leave, employees shall be required to submit a physician’s fitness for duty statement. In order for employees to be able to return to work, this statement shall give approval that returning to work in their present position shall not jeopardize their health or the safety of others.

Additional provisions regarding leaves of absence shall be adhered to in accordance with other KCTCS policies and human resources procedures related to leaves of absence.

UK Personnel System

Accrued temporary disability leave and/or vacation leave shall be used during the period of temporary disability until the paid leave is exhausted. Employees shall be in a leave without pay status when accrued temporary disability leave and vacation leave are exhausted. However, in order for an employee’s leave without pay to be considered an approved leave, a formal approval shall be requested and a determination made regarding the approval.

Upon a written request by or on behalf of an employee, KCTCS shall determine if an extended unpaid leave of absence for an employee’s illness, disability or pregnancy shall be approved, at the discretion of the college president/ceo, or of the appropriate cabinet level official for a system office employee. To request an unpaid medical leave of absence from the supervisor, an employee shall submit to the supervisor and college president/ceo, or have someone submit on his/her behalf, a written request along with a statement of ill health or disability from the employee’s doctor stating the need to be off work for a specified period of time.

The college president/ceo, or the appropriate cabinet level official for a system office employee, may disapprove all or any portion of any request, for an unpaid medical leave.

Employees are required to give as much notice as possible of their pending need for an unpaid medical leave of absence.

In the case of pregnancy, employees shall inform their supervisor as soon as possible of the date that their doctor anticipates that they will need to begin their leave.

KCTCS shall attempt to either hold employees’ position open during an approved unpaid medical leave of absence or to allow them to return to a similar position that is available for which they are qualified. For employees whose unpaid medical leave of absence is also a Family Medical Leave, upon return from the leave they shall return to their original position or to a like position.

KCTCS administrative policies, procedures, and regulations regarding vacation/annual and temporary disability/sick leaves state provisions regarding the loss of accrual of leave time during an unpaid leave of absence.

Employees shall review their group insurance booklet to determine the available insurance coverage during a leave of absence. In addition, KCTCS employee benefits policies and procedures state provisions regarding the loss of the employer insurance premium contribution during certain unpaid leaves of absence, and employees’ responsibility regarding payment of insurance premiums in order to ensure continuation of insurance coverage.

Employees who remain away from work either: 1) for more than the period of time allowed by this policy, 2) for an unapproved or partially unapproved leave of absence, or 3) who fail to request such a leave, shall be considered to have resigned from their employment.

Employees who are absent from work on a frequent or regular basis or who have attendance patterns which interfere with accomplishment of assigned job responsibilities are not entitled to the provisions of this policy. Employees who are not able to work regularly may be separated from employment (see KCTCS and UK policies regarding temporary disability leave, disciplinary action, and separation from employment).

Upon returning from an unpaid medical leave, employees shall be required to submit a physician’s fitness for duty statement. In order for employees to be able to return to work, this statement shall give approval that returning to work in their present position shall not jeopardize their health or the safety of others.

Additional provisions regarding leaves of absence shall be adhered to in accordance with other KCTCS policies and human resources procedures related to leaves of absence.

18A/151B Personnel System

For employees under this personnel system unpaid leaves of absence is addressed in the Kentucky Administrative Regulations for KRS Chapter 18A and KRS Chapter151B in effect as of June 30, 1998, located in Appendix I (Section 2) of this manual.

Additional provisions regarding leaves of absence shall be adhered to in accordance with other KCTCS policies and human resources procedures related to leaves of absence.