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University Business Policies and Procedures Manual
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3430
CATASTROPHIC LEAVE PROGRAM
Effective Date: July 1, 2003
Revised: 11/01/93, 07/01/03, 07/01/08, 01/15/09, 04/28/09, 03/01/11
Subject to Change Without Notice
Authorized by Regents' Policy 6.3 "Privileges and
Benefits"
Process Owner: Vice President for Human
Resources
1. General
The Catastrophic Leave Program provides salary and
benefits continuation for eligible employees who have exhausted all paid leave
due to their own serious illness or injury, or due to the need to care for an
immediate family member who has experienced a catastrophic illness or
injury. It is a voluntary program that allows employees to donate a
portion of their annual leave into a bank that is available to assist employees
who are eligible under the program.
2. Eligibility
Any regular full-time or part-time employee who
works twenty (20) hours or more per week (.50 FTE or greater) is eligible to
participate in the Program after completing a full year of continuous
employment. In order to receive leave under this policy, the employee's illness
or injury must meet the definition of "catastrophic" as outlined in Section 3. herein. The
employee must also have made a donation of annual leave, as detailed in Section 4. below for the
fiscal year during which his or her request occurs, must have exhausted his or
her own sick and annual leave, and must be facing unpaid time of three (3) or
more workdays due to the illness or injury. Other exclusions as noted in Section 3.2. herein apply.
3. Catastrophic Illness and/or Injury
A catastrophic illness and/or injury is an acute or
prolonged illness or injury that is considered life-threatening or with the
threat of serious residual disability which results in the employee's inability
to work.
3.1. Examples of Catastrophic Illness or Injury
Examples of a catastrophic illness or injury include, but are not limited
to:
- Serious, debilitating illness, impairment, or
physical/mental condition that involves treatment in connection with an
overnight stay in a hospital, hospice, or residential medical facility.
- High intensity/high frequency of treatment encounters
necessary for a chronic or long-term condition that is so serious that, if
not treated, would likely result in an extended period of
incapacity or death.
The University retains the right to determine whether the illness is
"serious" based on the information it receives from the medical
provider.
3.2. Exclusions
- Paid Catastrophic Leave is not applicable unless the
employee has exhausted his/her annual and sick leave banks.
- Elective surgery does not qualify as a
catastrophic illness or injury. If complications arise resulting in
a serious health condition, the situation may qualify as a catastrophic
illness or injury.
- Most leave associated with pregnancy is not covered by
Catastrophic Leave. If complications arise resulting in a serious health
condition for the mother or child, the situation may qualify as a
catastrophic illness or injury.
- Requests for Catastrophic Leave less than three (3)
workdays in duration are excluded.
- Tuition Remission requests will not be approved while
the employee is receiving catastrophic leave.
- This Program does not cover time off due to a
job-incurred injury covered by Workers' Compensation benefits.
- An employee must not have a written record of
disciplinary action for leave abuse or misuse of leave within the past
twelve (12) months.
3.3. Immediate Family
Immediate family includes the employee's spouse or domestic partner, and
children (natural, step, adopted, and foster children), or if the employee is
the primary custodian and caregiver of grandchildren or siblings.
Only one (1) University employee from a family may use Catastrophic Leave at
a time to take care of a family member and that employee must be solely
responsible for the physical care of the family member. The employee may
only be eligible for Catastrophic leave for a family
member if the family member meets the requirements of catastrophic leave under Section 3. herein. The same exclusions under Section 3.2.
apply.
4. Enrollment in the Catastrophic
Leave Program
The
Catastrophic Leave Program is funded through donations taken from each
participating employee's annual leave account. Each fiscal year, the
University may withhold annual leave in an amount up to one fifth (1/5th) of
the employee's weekly work hours (eight hours for a full-time employee).
Donations
are made to the common catastrophic leave bank
annually on the date provided by the Division of Human Resources and
become available for distribution at the beginning of the next fiscal
year. Prior to fiscal year end, the Division of Human Resources will
notify all staff employees that donations will be taken automatically unless
the employee notifies the Division of Human Resources that he or she does not
wish to donate. If an employee chooses not to donate, the employee is not
eligible for catastrophic leave for the upcoming fiscal year.
4.1.
Donation of Additional Hours
An
employee who wishes to donate more than the automatic may authorize the
donation by e-mailing the Division of Human Resources at HRPR@unm.edu during
the donation period as discussed in Section 4.
above.
5.
Process for Requesting Catastrophic Leave
To request
benefits, an employee or any individual acting in the interest of the employee
must complete and submit an Application for Catastrophic Leave Program and
Health Care Provider Statement (found on HR's
website) for an initial application, and the Application
for Continuation of Catastrophic Leave and Health Care Provider Recertification
Statement (found on HR's
website) for recertifications to the employee's immediate
supervisor. The University reserves the right to request continual
updates, second opinions, and other medical information as needed. The
application includes a release for Employee and Occupational Health Services
(EOHS) to speak with the physician if it is determined that additional
information or a second opinion is needed.
The
supervisor must verify that the employee does not have a written record of
disciplinary action for leave misuse or abuse. After verification, the
department manager reviews the application for other non-medical
criteria. If the application meets the required criteria, it is forwarded
to EOHS for verification that the medical issues qualify as catastrophic.
This may require EOHS to contact the employee and/or physician for additional
information. If the application is approved by EOHS, it is forwarded to
HR for processing.
5.1.
Appeals
If
an employee wishes to contest a denial based on previous misuse or abuse of
leave, he or she may appeal to the next level manager. If the employee
wishes to contest a denial based on the medical review, he or she may appeal by
providing a letter to EOHS requesting an appeal and attaching any pertinent
documentation. All decisions by the next level manager and/or EOHS are
final.
5.2.
Leave Hours Requested
The
employee or representative should include on the application an estimate of the
number of hours of catastrophic leave needed based on the physician's
certification, not to exceed one (1) month (173.33 hours for full-time
employees--part-time requests will be pro-rated based on the employee's
regularly scheduled hours). UNM reserves the right to grant a lesser
number of hours than initially requested, depending on the situation.
Applications may be made for further leave up to the maximum defined in Section
5.2.1. herein.
5.2.1.
Maximum Leave Coverage for an Employee
Total
requests from the bank shall not exceed 1040 hours, prorated based upon the
number of hours the employee works. When the employee reaches the maximum
allotment of catastrophic leave, the catastrophic leave terminates (see Section
5.3. below for additional information). If the
maximum leave has been exhausted and the employee is not released by his or her
health care provider to return to work, the employee should contact his or her
manager to discuss the possibility of medical leave without pay as
provided for in Policy 3420, "Leave Without Pay, UBP.
The
employee will accrue up to 173 hours per year since the date the employee last exhausted
the maximum allowable catastrophic leave not to exceed 1040 hours. These
amounts are prorated based upon the employee's schedule. The employee is only
eligible for this additional time if he or she continues making contributions
to the Catastrophic Leave Program on an annual basis.
5.2.2.
Maximum Leave Coverage for a Family Member
Total
requests from the bank for leave to care for a family member shall not exceed
520 hours, prorated based upon the employee's schedule.
5.3. Termination of Leave
Catastrophic
leave terminates when the:
5.4.
Family and Medical Leave
Any
and all leave received by an employee under this policy is considered as Family
and Medical Leave (FML) and will count towards the
employee's FML entitlement. If Catastrophic Leave is denied, it is possible
that the employee may still be eligible for unpaid time under Family and
Medical Leave. Refer to "Family and Medical Leave," Policy 3440, UBP.
6.
Payment of Leave
The
hours withdrawn from the Catastrophic Leave Bank will be based on the employee's
regular rate of pay. Existing payroll deductions including benefit
premiums will continue to occur.
7.
Administration
Catastrophic
leave payments will be charged to the University Catastrophic Leave Bank
account and will include an amount sufficient to cover the University's share
of the employee's health benefit premiums and other benefits. Departments
will not incur any charges. The employee receiving the donated leave will
remain on "regular" status during this period.
8.
Unused Balance in the Catastrophic Leave Bank
If
there are unused and undistributed hours donated to the Catastrophic Leave
Bank, the hours will remain in the bank and will roll over at the end of each
fiscal year. Hours will not be returned to donating employees.
9.
Confidentiality
All
information received on Catastrophic Leave Program Applications, Health Care
Provider Statements, and any additional information is confidential. Its
use is for determining eligibility for the program.
10.
Return to Work
Employees
who return to work must be cleared by their physician and must meet with EOHS
and bring the physician's documentation in order to obtain a release to return
to work. EOHS will determine if the
person is medically able to return to work.
11.
Applications, Forms & Information
Applications,
forms, and additional information can be found on HR's website.
Comments
may be sent to UBPPM@UNM.edu
http://www.unm.edu/~ubppm