HR Policy and Procedure #82 Temporary Disability Leave Revised June 23, 2021

Purpose

Temporary Disability Leave (TDL) is available for regular staff with a full-time equivalent (FTE) of 0.5 or greater. It is the intent of this policy to provide leave for staff who have an illness or injury which prevents them from performing their jobs on a temporary basis, or to care for eligible family members within the guidelines of this policy.



Definitions

For purposes of this policy the following definitions shall apply:

“Sponsored Adult Dependent”

• Shares primary residence with covered UK employee, and has lived with UK employee at least twelve months prior to effective date of coverage.
• Is at least the age of majority.
• Is not a relative.  Definition of relative for sponsored adult dependent: Parents, children, husbands, wives, brothers, sisters, brothers- and sisters-in law, mothers- and fathers-in law, uncles, aunts, cousins, nieces, great nieces, nephews, great nephews, grandmothers, grandfathers, great grandmothers, great grandfathers, sons- and daughters-in law and half- or step-relatives of the same relationships.

“Sponsored Child Dependent”

• Shares primary residence with UK-covered employee and sponsored adult dependent and has lived with UK employee at least twelve months prior to effective date of coverage.
• Is under the age of 26.
• Is the natural born or adopted child of sponsored adult dependent.
• Is not a relative of the covered UK employee (see the definition of relative for sponsored adult dependent above).

Policy

1. A written physician's statement, justifying the request for TDL may be required by the employee’s department or the Human Resources Office of Employee Relations (Employee Relations). An employee returning to work from TDL may be required to submit a physician’s statement indicating the employee is able to return to work on or before their actual return date.
2. Any absence which extends 10 working days beyond the exhaustion of all accrued leaves (TDL and vacation leave) shall be reported to the Human Resources Office of Compensation.
3. An employee who is absent on a regular basis or who has attendance patterns which interfere with his/her job may not  be entitled to the provisions of this policy.
   1. An employee with continuing health problems who is not able to work regularly may be separated from employment.
   2. It is recommended that excessive use of TDL be reviewed with Employee Relations.
4. An employee’s job shall be held available for the employee’s return from TDL without loss of benefits.
5. Accrued TDL or vacation leave shall be used during a period of temporary disability.
6. An employee may be in a leave without pay status when accrued TDL and vacation leave are exhausted. This unpaid leave must be approved by the Office of Employee Relations.
7. TDL accrues at the rate of one day per month for regular full-time employees who are paid on a monthly basis. TDL accrues at the rate of 0.46 days per pay period for regular full-time employees who are paid on a bi-weekly basis.
   1. An employee accrues TDL while in a paid status, excluding long term disability.
   2. An employee who is in a paid status for one-half or more of the pay period shall accrue TDL for that pay period.
   3. TDL accruals will be assessed and posted at the end of each pay period. Those leave hours will be available for use at the beginning of the next pay period.
   4. There is no maximum limit on the amount of TDL that can be accumulated.
   5. An employee transferring from one department to another as a regular staff employee will carry into the new department accrued TDL.
   6. Note: For the purposes of this policy, a day is defined as the minimum number of hours exempt employees are normally expected to work in a week (40) divided by five, not to exceed eight hours. For a non-exempt employee, a day is defined as the number of hours the employee normally works in a bi-weekly pay period divided by 10, not to exceed eight hours. For example: This is usually 75 divided by 10, not to exceed eight hours.
8. For regular staff employees with an assignment of less than 1.0 FTE, but at least 0.5 FTE, the accrual rate for TDL shall be based upon the FTE for the position. In cases where the scheduled work week is not consistent, the pro rata percentage to full-time shall be calculated on an annualized basis.
9. TDL may be used for time off for medical or dental appointments. The employee shall have prior approval of the supervisor to take TDL for this purpose.
10. TDL may be used for time off for personal well-being. Personal well-being time will be considered an authorized absence from work for the purpose of engaging in any activity that promotes the overall well-being of the employee.
    1. Up to a maximum of two accrued TDL days per fiscal year may be used for personal well-being.
    2. TDL for personal well-being must be used in full or half day increments.
    3. The employee shall have prior approval of the supervisor to take TDL for this purpose.
    4. Well-being days may not be utilized until an employee has successfully completed the new hire orientation period.
11. TDL for necessary time off due to an illness or injury of a family member may be used in accordance with this policy. For the purposes of this policy, a family member is defined as:
    1. Spouse,
    2. Sponsored adult dependent,
    3. Child,
    4. Sponsored child dependent,
    5. Grandchild,
    6. Mother/Father,
    7. Grandmother/Grandfather
       
       (Note: b. - g. include steps, halves and in-laws of the same relationship as well as relations created by sponsored adult dependent status)
    8. Brother/Sister
    9. Aunt/Uncle,
    10. Niece/Nephew,
        
        (Note: i. - j. include relationships created by marriage or sponsored adult dependent status)
    11. Legal dependent of the employee,
    12. Other persons with whom the employee has a "loco parentis" relationship.

Note: In cases where two family members work in the same department, use of TDL on the same day(s) for the purpose of caring for the same family member must be approved by the dean or director.

TDL for childbearing purposes shall be treated as any other temporary disability.

1. The employee may begin TDL related to the pregnancy:
   1. Intermittently for any pregnancy related absences
   2. At the time the physician advises the employee to stop working..

1. Up to a maximum of 12 weeks of accrued TDL may be used by the birth mother or father for the birth of a child and/or to bond with the child.
   
   Up to a maximum of 12 weeks of accrued TDL may be used by mother or father for placement of a child for adoption or foster care.
   
   Note: TDL may run concurrently with Family and Medical Leave, if applicable.

Process

The department head or designee is responsible for the administration of this policy. This information shall be retained in the University’s centralized resource information system.

1. A department head is authorized to establish departmental TDL policies and procedures which are consistent with this policy. These procedures shall be approved by the Vice President of Human Resources or Employee Relations and communicated to all employees.
2. Abuse of TDL may be cause for more restrictive reporting and certification requirements for use of TDL for an individual employee.
3. Employee Relations is responsible for advice regarding policy and procedure compliance.
4. Use of paid TDL for over six months must be approved by the Board of Trustees.
5. A department shall accurately record use of TDL, on a timely basis, in the University’s centralized information resource system.
6. An employee on vacation leave who becomes ill or injured while on vacation may substitute TDL for the period of temporary disability upon written certification of a physician. This certification shall be submitted as soon as possible upon return from leave.
7. The employee is responsible for notifying the supervisor of TDL absences and the anticipated duration of the absence.
8. TDL may be taken in no less than 15 minute increments.
9. These records shall be available for review by the employee, Human Resources, or other authorized personnel.

Paid parental leave



Purpose

Effective July 1, 2021 all regular staff employees who experience the birth or adoption of a child are eligible to apply for two work weeks of paid parental leave. This leave may be used in lieu of accrued Vacation Leave (VL) or Temporary Disability Leave (TDL).  This time runs concurrently with Family Medical Leave (FML) if applicable.  Paid parental leave is available for regular staff with a full-time equivalent (FTE) of 0.5 or greater. This leave will be pro-rated according to the employee’s FTE.

Note: Paid parental leave is not applicable to faculty, weekend evening premium pay (WEPP) positions or post-doctoral scholars.

Definitions:

Sponsored Adult Dependent

• Shares primary residence with covered UK employee, and has lived with UK employee at least twelve months prior to effective date of coverage.
• Is at least the age of majority.
• Is not a relative.  Definition of relative for sponsored adult dependent: Parents, children, husbands, wives, brothers, sisters, brothers- and sisters-in law, mothers- and fathers-in law, uncles, aunts, cousins, nieces, great nieces, nephews, great nephews, grandmothers, grandfathers, great grandmothers, great grandfathers, sons- and daughters-in law and half- or step-relatives of the same relationships.

Policy

1. Paid parental leave and Family Medical Leave run concurrently if applicable.
2. Paid parental leave does not extend the amount of time an employee may qualify to be away from work.
3. Paid parental leave may only be used between the date of the child’s arrival and six months following birth or adoption.
4. Paid parental leave may be taken continuously or intermittently; however, leave may be taken in no less than 15-minute increments.
5. If a holiday occurs during the eligible employee’s paid parental leave, the employee will receive holiday pay in lieu of paid parental leave, provided the eligible employee is in a paid status the day before and the day after the official designated holiday. This will not extend the leave availability timeframe.
6. Each eligible employee may receive up to two work weeks of paid parental leave a 12-month period.
7. An employee who adopts a spouse’s or sponsored dependent’s child is not eligible for paid parental leave.
8. If an employee takes time off prior to the birth or adoption or beyond the two weeks of paid parental leave, that leave must be requested separately, either:

1. By completing the appropriate Family Medical Leave request form, if the employee is eligible for Family Medical Leave and has Family Medical Leave available,
2. By requesting the use of accrued leaves or
3. By requesting the use of an applicable unpaid leave.

Note: Adoption applies to children under the age of 18.

 



Eligibility

Paid parental leave shall be available to a qualifying individual upon employment.

 

Process

The responsibility for approving paid parental leave is delegated to the Human Resources Office of Leave Administration. The dean, department head, or designee shall be responsible for maintaining accurate records of paid parental leave in the University’s centralized resource information system.



How to request paid parental leave

1. An employee who qualifies for Family Medical Leave shall submit a completed Family Medical Leave application to the Office of Leave Administration.
2. An employee who does not qualify for Family Medical Leave shall submit a completed paid parental leave application to the Office of Leave Administration.  
3. Employees requesting paid parental leave must complete and submit the paid parental leave application to Leave Administration. Please contact Leave Administration at (859) 257-8804 or fax at (859) 257-1679.
4. The employee must provide at least 30-calendar days of advanced notice prior to the intended use of the leave if practical.

Paid elder care leave



Purpose

Effective July 1, 2021 all regular staff employees who experience elder care needs are eligible to apply for   one week of Paid Elder Care Leave. This leave may be used in lieu of accrued Vacation Leave (VL) or Temporary Disability Leave (TDL).  This time runs concurrently with Family Medical Leave (FML) if applicable. Paid elder care leave is available for regular staff with a full-time equivalent (FTE) of 0.5 or greater. This leave will be prorated according to the employee’s FTE.



Note: Paid elder care leave is not applicable to faculty, weekend evening premium pay (WEPPs) or post-doctoral scholars   



Definitions:



A “parent” is broadly defined as the biological, adoptive, step, or foster parent of an employee or an individual who stood in loco parentis to the employee when the employee was a child.  “Parent” does not include the employee’s parent-in-laws.



“In loco parentis” means the “parent” had day-to-day responsibilities for the care and financial support of the employee when the employee was a child. A biological or legal relationship is not necessary.

Policy

1. Paid elder care leave and Family Medical Leave run currently if applicable.
2. Paid elder care leave does not extend the amount of time an employee may qualify to be away from work.
3. Paid elder care leave may be taken continuously or intermittently; however, leave may be taken in no less than 15-minute increments.
4. If a holiday occurs during the eligible employee’s  paid elder care leave, the employee will receive holiday pay in lieu of paid elder care leave, provided the eligible employee is in a paid status the day before and the day after the official designated holiday. This will not extend the leave availability timeframe.
5. Each eligible employee may receive up to one work week of paid elder care leave a 12-month period.
6. An eligible employee shall initially notify their supervisor of the need for paid elder care leave and the timing, duration, and schedule of the paid elder care leave. If practical, an eligible employee must give their supervisor at least 30 calendar days of advance notice.  
7. Departmental management should be flexible in managing elder care leave requests, so as to support employees in effectively integrating career and family responsibilities. Departmental workload should be proactively managed so that excessive work demands are not placed on remaining staff.  
8. Any time beyond the one week of paid elder care leave must be requested separately, either:  
   1. By completing the appropriate Family Medical Leave request form, if the employee is eligible for Family Medical Leave and has Family Medical Leave available, or 
   2.  By requesting the use of accrued leave.

Eligibility

Paid elder care shall be available to a qualifying individual upon employment.

Eligibility for paid elder care leave follows the definition of a “Serious Health Condition” under the Family Medical Leave Act (FMLA).

 

Process

The responsibility for approving paid elder care leave is delegated to the Human Resources Office of Leave Administration. The dean, department head, or designee shall be responsible for maintaining accurate records of paid elder care leave in the University’s centralized resource information system.

 

How to request paid elder care leave:

1. An employee who qualifies for Family Medical Leave shall submit a completed Family Medical Leave application to the Office of Leave Administration.
2. An employee who does not qualify for Family Medical Leave shall submit a completed paid elder care leave application to the Office of Leave Administration. Employees requesting paid elder care leave must complete and submit the paid elder care leave application to Leave Administration. Please contact Leave Administration at (859) 257-8804 or fax at (859) 257-1679.