Sick Leave and STD for Employees at or Above Position Grade 29 or Grades E, F, G, H
Full-time faculty, full-time academic support staff (as defined in the Faculty Handbook, II.B.4), and regular full-time exempt staff members who are classified as position grade 29 or higher or position grades E, F, G, H are eligible for sick leave and short-term disability benefits described in this policy.
An employee may not use more than one (1) month of sick leave (22 working days) and five (5) months of combined available paid time off (PTO) and short-term disability (STD) days during a twelve (12) month consecutive period (unless he/she qualifies for additional sick days under Policy 614). Holidays or special vacation periods which may occur during a period of STD are not added to the STD period.
Faculty and staff covered by this policy receive an initial reserve of twenty-two (22) sick days at the time of hire.
Sick balances will be renewed every July 1st. Note, however, that the renewed sick days may not be used to continue a sick leave that began in the prior fiscal year.
613.1 SICK LEAVE
Sick pay is base salary and benefits, and does not include administrative stipends or other additional compensation. For faculty receiving compensation from the Clinical Practices of the University of Pennsylvania (CPUP) or from other sources, this means academic base salary only. Sick and short-term disability pay does not include compensation attributable to CPUP.
Eligible employees who must be absent because of illness or injury are entitled to salary continuation for any days of illness or injury up to a cumulative total equal to one month in each benefit year. For purposes of this benefit, one (1) month is twenty-two (22) working days, and the benefit year is the period from July 1 through June 30.
Accrued sick time may be used for the following reasons:
- Medical diagnosis, care, treatment, or preventive medical care of the employee’s own physical or mental illness, injury, or health condition
- Medical diagnosis, care, treatment, or preventive medical care of a family member’s* physical or mental illness, injury, or health condition.
- Absences necessary due to domestic abuse, sexual assault, or stalking provided the leave is to allow the employee or a member of the employee’s family to obtain:
- Medical attention needed to recover from physical or psychological injury or disability caused by domestic or sexual violence or stalking;
- Services from a victim services organization;
- Psychological or other counseling;
- Relocation due to domestic or sexual violence or stalking; or
- Legal services or remedies, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic or sexual violence or stalking.
Sick leave of up to five (5) days per calendar year may be used for a member of the employee’s family for the reasons outlined above or for paternity, adoption, and foster care. Staff members using sick leave for absences due to domestic abuse, sexual assault or stalking for themselves or a family member are required to submit appropriate documentation as outlined in the University’s Domestic or Sexual Violence Policy.
*For purposes of this policy (Policy 613), family member is defined as:
- a biological, adopted or foster child, stepchild or legal ward or a child to whom the employee stands in loco parentis
- a biological, foster, stepparent or adoptive parent or legal guardian of the employee or an employee’s spouse or a person who stood in loco parentis when the employee was a minor child
- a spouse or same-sex domestic partner
- a grandparent or spouse of a grandparent
- a grandchild
- a biological, foster, or adopted sibling or spouse of a biological, foster or adopted sibling
- a Life Partner (as defined in section 9-1102 of the Philadelphia Code)
Sick leave is provided for the reasons stated in this policy and may not be used for other purposes. Sick leave may not be advanced.
613.2 SHORT-TERM DISABILITY
Short-term disability is continuation of base salary and benefits after sick leave benefits and available paid time off have been exhausted. STD does not include administrative stipends or other additional compensation. For faculty receiving compensation from the Clinical Practices of the University of Pennsylvania (CPUP) or from other sources, this means academic base salary only. Sick and short-term disability pay does not include compensation attributable to CPUP.
- Sick Leave
Sick leave benefits used intermittently or for three days or more due to a serious health condition shall run concurrently with Family and Medical Leave (FML) under Policy 631, if applicable.
When an employee has been out on sick leave for more than three (3) consecutive work days, he/she is required to submit documentation from a health care provider certifying the medical necessity for the absence and the expected date of return to work. If the employee already has provided a certification and application for FML leave covering the same period, this shall suffice. Additionally, where an employee has been out on sick leave for more than three (3) consecutive work days, the supervisor is expected to notify the employee in writing that the University is provisionally designating the use of that sick leave as Family Medical Leave in addition to sick leave.
- Short-Term Disability
Short-term disability benefits shall run concurrently with Family and Medical Leave (FML) under Policy 631.
In any case in which it appears that a staff member will exhaust sick leave and paid time off due to a serious health condition, the staff member will be required to have his/her health care provider complete a Physician Certification form and submit the form to the Benefits Office. When such a request is made, the certification must be provided within twenty (20) calendar days of the request. Additionally, the staff member must complete and forward a Short-Term Disability/Family and Medical Leave Application form to the Benefits Office. If the employee already has provided a certification and application for FML leave covering the same period, this shall suffice. An employee will only be approved for STD leave for the time they have available under this policy.
STD days may only be used when an employee has a continuous, incapacitating serious health condition as certified by a physician. STD cannot be used for an intermittent leave or to care for a family member.
Medical leave resulting from pregnancy shall entitle employees under this policy to paid leave for up to eight (8) weeks in the case of a normal delivery, and up to ten (10) weeks for a Caesarean Section, or the length of time determined to be medically necessary as certified by the employee's physician. Such paid leave consists of sick leave, PTO, and STD, in that order. Employees taking additional leave under Policy 631 (Family and Medical Leave) will be required to substitute available PTO per that policy.
The University reserves the right to require that the employee submit to examinations by a health care provider of the University's choosing for continuation of payments or as a condition of receiving these benefits under this policy.
Employees receiving benefits under this policy are prohibited from working at the workplace or at any other location, including the employee's home. Under no circumstances may any employee receiving benefits under this policy be working for another employer or engaged in any business generating income.
The employee may be required to submit a return to work note from the treating health care provider prior to reporting back to the workplace.
Normally employees returning from medical leave will be reinstated to the same or an equivalent position, with equivalent pay, benefits, and other terms and conditions of employment. Failure to return to work once all paid leave and unpaid FML have been exhausted may result in termination of employment. However, at times, departments, schools and/or centers may restructure due to changing business and operational needs and the need to continually enhance programs and services. These restructuring initiatives may result in position discontinuations, even positions held by employees out on FML or other types of leaves. If a staff member on FML has his/her position discontinued, he/she will be given at least 30 days written notice of the position discontinuation and will be informed of any applicable benefits that he/she may be eligible to receive under the Position Discontinuation and Staff Transition Program.
An employee who must be absent longer than the maximum number of days allowed under this policy may apply for a leave of absence without pay under Policy 616 or a leave as a reasonable accommodation under the Americans with Disabilities Act. Note that a leave of absence without pay is subject to the sole approval of the department if an employee is not eligible for or has exhausted his/her FMLA/STD benefits. Such employees may also apply for long-term disability benefits under Policy 405. However, long-term disability is not a leave status. Employees without FMLA or short-term disability and not returning to work or on an approved leave of absence without pay are subject to termination, irrespective of a pending or accepted application for long-term disability benefits.
*For staff using Flexible Work Options, Paid Time Off usage will be governed by the Flexible Work Options Guidelines.
Letter #1 – FML Provisional Letter
Use this letter if staff member has been out sick for more than 3 consecutive days and has not notified you that s/he will be out for a possible FML qualifying event.
Letter #2 – FML Provisional Letter
Use this letter if staff member has notified you that s/he will be out for a possible FML qualifying event for his/her own serious medical condition.
Letter #3 – FML Provisional Letter
Use this letter if staff member has notified you that s/he will be out for a possible FML qualifying event to care for a family member with a serious medical condition.
Letter #4 – FML Provisional Letter
Use this letter if staff member has notified you that s/he will be out for a possible FML qualifying event for birth/placement of a child for adoption.
Family Medical Leave Forms
Including the Physician's Certification Form and the Short-Term Disability & Family Medical Leave Request Form
Policy Number: 613
Effective Date: 05/13/2015
Supersedes Policy Number(s): 613 (06/01/1998, 01/12/1999, 08/18/2004, 04/01/2009, 01/19/2012, 3/5/2013)
Applicability: Faculty members, full-time academic support staff (as defined in the Faculty Handbook, II.B.4), regular exempt staff at or above position grade 29, and regular exempt staff in grades E, F, G and H.
Cross-reference: Policy 404 (Short-Term Disability), Policy 405 (Long-Term Disability), Policy 412 (New Child Policy), Policy 603 (Attendance), Policy 607 (Paid Time Off), Policy 629 (Termination), Policy 631 (Family and Medical Leave Act)