Policy

POLICY

A Leave of Absence is defined as an unpaid, authorized period of absence from work which exceeds thirty (30) days. At its discretion, a department may grant a Leave of Absence, either at the request of the employee or the supervisor, for the following reasons: (Represented employees, please refer to the Collective Bargaining Agreement for additional information related to Leaves of Absence.)

1. Health
2. Child/Dependent Care
3. Personal
4. Educational

The maximum period that may be granted for the Leave of Absence, including the 12 weeks of Family Medical Leave (FML) where applicable, is 12 months.  Leave of Absence (following FML) does not guarantee that the employee will be restored by Johns Hopkins Health System Corporation (JHHSC) and The Johns Hopkins Hospital (JHH) to the position of employment held by the employee when the Leave of Absence commenced or to an equivalent position within JHHSC/JHH.

Eligibility

Eligibility for a Leave of Absence due to health, child/dependent or personal reasons are limited to   employees who regularly are scheduled to work twenty (20) hours a week or more after completing ninety (90) days of employment.  Eligibility for a Leave of Absence due to educational reasons is limited to employees who have at least one (1) year of continuous service with JHHSC/JHH.  Employees who do not meet the eligibility requirements of FML may be eligible for a Leave of Absence.

Provisions of Leaves of Absence

The Leave of Absence is not guaranteed, but subject to the discretion of the Department.  Leaves may be granted for the following reasons:

1. Health

A Leave of Absence due to health reasons may be granted by the department head when all FML has been exhausted for a non work related disability resulting from illness (acute care or emotional), injury or pregnancy, or as an accommodation for a disability, provided it does not cause an undue hardship for the department and must be supported by a written recommendation of a physician. 

Prior to a leave of absence and while on FML, an employee must first use any unused Sick time and will be paid on a pay period basis until Sick, Vacation, and/or PTO or disability payments are exhausted, or the employee returns to work, whichever occurs first.  Once an employee is placed on an unpaid leave of absence he/she will be paid in
a lump sum for any unused vacation or PTO.

2. Child or Dependent Care

A Leave of Absence for the purpose of caring for a child or dependent may be granted by the department head only after FML entitlement (if applicable) has been exhausted.

Upon request by the department, the employee will provide valid proof, as determined by the department, in support of the leave request.

Prior to a leave of absence and while on FML, an employee must use any unused Vacation, Sick, and/or PTO.  The employee will be paid on a pay period basis until accrued leave is
 
exhausted or the employee returns to work, whichever occurs first. Once an employee is placed on an unpaid leave of absence, he/she will be paid in a lump sum any unused vacation or PTO.

3. Personal

A Leave of Absence for personal reasons may be granted by the department in order for the employee to attend to personal needs or emergencies.  Upon request, the employee will be required to provide valid proof to support the need for leave.

Prior to a leave of absence and while on FML, an employee must use any unused Vacation, Sick, and/or PTO.  The employee will be paid on a pay period basis until accrued leave is exhausted or the employee returns to work, whichever occurs first. Once an employee is placed on an unpaid leave of absence, he/she will be paid in a lump sum any unused vacation or PTO.

4. Educational

An Educational Leave may be granted by the department, under the following conditions:
1. The training being received is for a job or skill which benefits JHHSC/JHH.
2. The training is received from an approved, accredited institution.

GENERAL PROVISIONS

A. Length of Leave

Leaves of Absence are granted for a period in excess of thirty (30) days.  The maximum period that may be granted is twelve (12) months, including the twelve weeks of FML.

B. Employment During Leave of Absence

An employee on Leave of Absence must obtain the written consent of the director/administrator of the department or their designee, to engage in paid employment of any kind during the period of absence.  If the employee misrepresents this, he/she will be terminated as having abandoned his/her position.  The date of termination will be determined by the last day the employee actually worked at JHHSC/JHH.

C. Factors for Consideration of Granting Leave of Absence

A department should give consideration to the following factors in reaching a decision of
whether to grant a non-FML Leave of Absence: (1) nature of the leave; (2) urgency; (3)
length of leave; (4) length of service; (5) performance and work record; (6) department's workload; (7) previous absences, and reasons for same.

D. Effects on PTO/Vacation Credits

A non bargaining unit employee on an authorized unpaid, non-FML Leave of Absence will not accrue PTO time. For Represented employees, refer to the Collective Bargaining Contract for accrual of vacation and sick time while on a Leave.

E. Effects on Performance Review Date
 

The Performance Review Date will be adjusted for an employee whose leave exceeds thirty (30) calendar days in duration.  This adjustment will correspond to the amount of leave in excess of the initial thirty (30) calendar days of the leave (i.e. if the leave is a total of forty five (45) days in  duration, then the employee’s Performance Review Date will be adjusted to be fifteen (15) days later than the previously scheduled Performance Review Date).

F. Seniority Credit

While on an unpaid Leave of Absence, the employee will not accrue seniority credit.

G. Benefit Plan Continuation

An employee on a non-FML Health Leave of Absence is eligible to continue benefit plan coverage. Employees on a Child or Dependent care, Personal or Educational leave are also eligible to continue their medical and dental coverages, and are billed at the full cost of the coverage. A letter will be sent to the employee regarding continuation of benefit coverages once a Leave of Absence form is sent to the HR Customer Service Center.  The employee will then be billed monthly at the employee rate if benefits are elected. 

The provisions of the Employee Retirement Security Act (ERISA) will apply in determining credited service, and a leave of absence granted under this policy will not otherwise affect credited service under the Pension Plan.

H. PTO

An employee on leave of absence will be paid out any accrued but not taken vacation or PTO.

I. Reinstatement

Under a Leave of Absence, there is no guarantee that an employee will be returned to their same or an equivalent position (except to the extent that FML, the Americans with Disability Act (ADA) or other laws and regulations apply).  However, an employee who is deemed ready to return to work prior to, or at the expiration of, twelve (12) months, will first be considered by his/her department.  If there are no vacancies, he/she may be considered for any job within JHHSC/JHH for which he/she is qualified.  If there are no vacancies within JHHSC/JHH for which the employee is qualified and/or the employee does not apply for and accept a position for which he/she is qualified, the individual’s employment will be terminated.  The effective date of termination will be the expiration date of the Leave of Absence.

J. Bidding Procedures

a. Exempt Employees

Exempt employees will be eligible to bid on vacant positions equal to the maximum period of the leave to a maximum of twelve (12) months including FML.  An employee who is offered a position and refuses is terminated. 

b. Non Exempt Employees

Non exempt employees will be eligible to bid on open jobs that he/she is qualified for equal to or lower in pay grade than that of his/her position up to the maximum period of the leave which is twelve (12) months, including FML. An employee, who is recalled or offered a position and refuses, is no longer eligible to bid for a position.

PROCEDURES

Employee

1. Refers to policy to check eligibility for requesting a Leave of Absence.
2. Requests Leave of Absence and provides supervisor/manager with thirty (30) days notice of intent to take a Leave of Absence (except in emergency circumstances).
3. Completes a "Leave of Absence" form (Attachment A) indicating the reason for the Leave.
4. If requested, submits valid proof in support of any type of Leave requested.
5. Submits form(s) to supervisor/ manager for approval.
6. Makes designated benefit plan payments.

Supervisor/Manager 

1. Ensures eligibility for non-FML Leave of Absence.
2. Reviews "Leave of Absence" form for completion.
3. Requests any valid proof in support of the Leave requested.
4. Indicates approval of the non-FML Leave by signing the form, advises employee.
5. Forwards Leave of Absence form and the Personnel Action Form (PAF) to the HR Service Center (Phipps 455).
6. Records status on payroll sheets.

Department Director 

Approves or denies the employee’s request to engage in other paid employment during the Leave of Absence.
 
HR Service Center                   

1. Reviews and processes "Leave of Absence" form. 
2. Responds to supervisor/manager questions concerning Leaves of Absence.

Employee 

Communicates with supervisor/manager regularly while on leave about expected return to work date and other job related matters.

HR Service Center 

1. Advises employee that he/she may continue benefit plan coverage once the Leave of Absence form is received.
2. Invoices the employee for continuation of insurance coverage if elected.
Employee Reports to Occupational Health Department to be cleared to work if leave was due to personal injury/illness.

Occupational Health 

Evaluates and renders a decision as to whether the employee may return to work if Leave of Absence was due to personal injury/illness.  If so, completes a "Return to Duty" slip and gives it to the employee.

Employee 
Returns to original or equivalent position, if available/applicable, and gives supervisor/manger the “Return to Duty” slip to be placed in the departmental personnel file.

Supervisor/Manager 

If the employee’s leave was taken for health reasons, and the employee returns with restriction(s), the supervisor determines whether the restriction(s) may be reasonably accommodated in consultation with the Occupational Health Department. Completes PAF, adjusting the employee’s review date if the employee has been on Leave of Absence for more than thirty (30) days.  Forwards PAF to HR Service Center.

REFERENCE

BEN326 Paid Time Off Policy (PTO)
BEN328 Family & Medical Leave (FML)

SPONSOR

Vice President, Human Resources

REVIEW CYCLE

3 Years

APPROVAL

Pamela D. Paulk                                                                 1/1/04

Vice President, Human Resources                                Date