College Policy Number/Title:
A. General Introduction
Sick or disability leave of five or more days is defined as the time during which performance of regular job duties by an employee would represent a hazard to the employee's health or to other employees. In the event of such an illness, injury, medical condition, or other health-related work restriction, Howard Community College may authorize short-term disability (STD) leave and/or long-term disability leave (LTD) or absence to full-time position control/budgeted employees who have been employed for a minimum of 90 calendar days. Sick leave and STD may also be available to part-time position control/budgeted employees. During absence due to short-term disability, employees are on disability leave; during absence due to long-term disability, employees are on long-term disability absence status. In all cases, a "Request for Leave" form must be completed; the form must indicate the expected dates of leave/absence and be signed by appropriate college officials, with exceptions noted below.
Sick leave for minor illness of less than five days requires only supervisor's authorization. However, all sick or disability leave or absence requests for five days or longer require appropriate medical documentation. If a sudden onset of illness prohibits an employee from applying for appropriate advance written authorization and approval of sick leave with a "Request for Leave" form, the employee must call the supervisor within the first hour of the workday and the supervisor(s) involved should complete the authorization process as soon as possible. The total absence requested must not exceed a period of three months on one "Request for Leave" form at any one time.
At the supervisor’s discretion, or when requested by the office of human resources, the college reserves the right to require any employee to provide a physician's letter or certificate and/or to require any employee to submit to a college-paid medical examination any time sick leave is used; such certification will be delivered to the office of human resources and maintained in a confidential file. A physician's certification form is available in the office of human resources. When medical certification has been requested by the college, and is not forthcoming, the college may deny the use of sick leave and will determine that annual leave or leave without pay is appropriate.
In incidences when less than a full disability is certified, the physician must specify the conditions under which the employee can return to work.
Family and Medical Leave Act (FMLA) Leave
Sick leave, STD and/or LTD may be available for FMLA covered events. Whenever an employee requests leave for an FMLA covered event, the employee will be required to exhaust all accrued sick leave, annual leave, and personal leave for which they are eligible under college policies and procedures prior to being placed in unpaid leave status. See "Family and Medical Leave Act (FMLA) Leave" procedure 63.08.15.
Other employment while on sick or disability leave or absence may result in cancellation of the approved absence and/or termination of employment unless such employment has been an approved condition of the leave.
Integration with Workers' Compensation
Employees may not apply for short-term disability insurance while receiving workers' compensation.
Return to Work
Prior to an employee returning to work following a sick or disability leave or absence, the employee must provide written certification of the ability to return to work from a treating physician; such certification should note any limitations. The only exception is for a sick leave of fewer than five days, which normally does not require such certification.
While the college takes a compassionate and humane view toward illness and absences due to disability, positions may not be held open indefinitely when an employee is unable to fulfill job responsibilities. Reinstatement to the same or equivalent job following a sick or disability leave/absence will be available for absences of twelve (12) weeks or less, under the Family and Medical Leave Act (FMLA) to qualified employees (see procedure 63.08.15). Employees may have accrued paid leave balances exceeding the twelve (12) weeks mandated by the FMLA. In the event that employees have accrued leave available, the college will honor the paid leave balances consistent with the policy guidelines for use of that leave category provided that extended usage does not create a hardship for the college; however, the same or equivalent job is not guaranteed. Requests for leaves of longer than 12 weeks will be considered on a case-by-case basis and decisions will be based on the college and departmental needs, college policy and procedure, budgetary resources, the employee's education and training for the job, and principles of compassion and fairness.
B. Sick Leave
All full- and part-time, position control/budgeted staff accrue sick leave. Sick leave is prorated for part-time, position control/budgeted employees. Sick leave may be taken during the probationary period if approved by the supervisor.
Accrual Rates for Sick Leave
Employees accrue sick leave equivalent to one regularly scheduled workday for each month of their employment. Sick leave is computed based on an individual's normal authorized work schedule and generally equates to 10 or 12 days per year for full-time employees. Sick leave is prorated for part-time, position control/budgeted employees to reflect the percentage of a full work schedule that the employee is authorized to work.
Purposes of Sick Leave
Sick leave may be used for personal illness or injury, to care for an ill or injured member of the immediate family, or to care for a new well child. When using sick leave to care for a new well child, the use of sick leave would normally be limited to six weeks immediately following birth or adoption and must be used within 12 months of the arrival of the child. Absences due to appointments with health care professionals or hospitalization are eligible under sick leave provisions. In addition, other requests for sick leave related to the health and wellness of employees may be approved by supervisors. Sick leave is intended for these purposes only; employees have no vested ownership or entitlement to their accrued sick leave unless needed for the purposes specified above.
The immediate family is defined as parent, step-parent, parent-in-law, child, step-child, brother, sister, step-brother, step-sister, grandparent, grandchild, spouse, foster child or any member of the immediate household.
Unused Sick Leave
Unused sick leave is not payable upon resignation or other termination of employment. Sick leave is also not payable upon retirement. However, members of the Maryland State Retirement and Pension Systems (MSRPS), may credit unused sick leave toward service time for retirement.
Benefits During Sick Leave
All normally received benefits continue to be in effect during sick leave. The usual employee and college contributions to benefits and accrual rates continue as well.
Transferability of Sick Leave
Sick leave earned at other institutions is not transferable to Howard Community College.
Active Pay Status
An employee must be in active pay status to accrue leave; "active pay status" means that the employee is either working or on approved paid leave and is currently receiving a paycheck. Employees on short or long-term disability insurance do not accrue leave.
C. Short-Term Disability Leave
Definitions and Eligibility for Short-Term Disability Leave (STD)
The college provides a Short-Term Disability (STD) insurance plan. This plan is self-insured by the college and is available to full- and part-time employees in position control/budgeted positions, who have been employed for a minimum of 90 consecutive calendar days. STD insurance is designed to provide income protection to disabled employees if eligible and authorized after the time that earned sick, personal and annual leave have been exhausted. The length of the disability period, as certified by a physician, after all sick, personal and annual leaves are used must exceed five consecutive workdays for qualification for this insurance. If the length of the disability period after all sick, personal and annual leave is used is less than five consecutive workdays, the employee will be on a leave without pay status for those days and will only qualify to apply for STD insurance after five consecutive days. Members of the emergency sick leave bank may request use of the emergency leave bank in accordance with that college policy (see procedure 63.08.16) for additional details.
STD Benefits and Effect on Other Benefits
Individuals receiving STD insurance are paid approximately 60 percent of the regular compensation exclusive of overtime, shift differential, or other additional payments. STD payments are subject to FICA and income taxes. During approved STD insurance leave and/or during the up to twelve (12) weeks of leave under the Family and Medical Leave Act (FMLA) (see procedure 63.08.15), the college will continue to pay its usual share of the premium costs for health and dental insurance, life insurance, LTD insurance and retirement. However, no leave is accrued. Employees on leave without pay are responsible for making arrangements with the office of human resources to pay for their share of the insurance costs.
While an employee may be approved for multiple instances of STD within a 12-month period, an employee may not use more than 90 total calendar days of STD leave in any 12-month period. Once an employee has exhausted his/her 90-day allowance of STD within a 12-month period, he/she may be eligible to apply for long-term disability if he/she remains unable to work; however, if the 90 days of STD are not continuous, eligibility for LTD may be jeopardized.
Short-term disability insurance may not be used to care for others and is available only during the portion of the year that the employee is under contract or agreement to work for regular pay and benefits. Short-term disability is not available for any illness or injury that is self-inflicted, a result of war, or caused during the commission of a felony.
End of STD Leave
Short-term disability leave provisions cease when the employee returns to active duty or regular, full-time pay status when such return is certified by a physician; terminates employment with the college; accepts additional or alternate employment; discontinues care by a physician; becomes eligible for long-term disability insurance; and/or retires from the college.
D. Long-Term Disability Leave or Absence
Definitions and Eligibility for Long-Term Disability Leave (LTD)
Long-term disability (LTD) insurance, if approved by the insurance carrier, is available to full-time, position control/budgeted employees to provide income protection in the event of a disability exceeding three months. Employees become eligible for LTD insurance coverage commencing on the first day of the month following employment. Eligibility for LTD benefits payments begins after a waiting period of 90 continuous days of physician-certified disability. Payments to the employee for accrued leave and/or short-term disability benefits are allowed during the waiting period. Additionally, an employee may return to work for up to 15 days during the 90-day waiting period without having to begin a new waiting period.
LTD Benefits and Effect on Other Benefits
Pending approval by the insurance carrier, an employee on LTD leave receives approximately 60 percent of regular earnings; this amount is reduced by any amount(s) received from other sources, such as Social Security. The cost of this insurance benefit coverage is borne by the college; any LTD benefits received are subject to federal, state, and other applicable taxes. Upon college approval of the disability absence from the job, employees are eligible to remain in the college's group health, dental, life insurance, and other benefit programs while on long-term disability, but employees are responsible for the full premium amount of each plan except as provided by "Extension of Health Benefits" procedure 63.07.04 and except as provided by the LTD carrier. If the disability causes the employee to be separated from employment and they also meet the full college retirement eligibility guidelines, the individual would be eligible to remain in the college's group health and/or dental plans as a retiree (see the "Extension of Group Health Benefits" procedure 63.07.04). No sick, personal or annual leave is accrued while on LTD and contributions to retirement cease.
End of LTD Leave
Long-term disability insurance ceases if the employee returns to active duty and pay status when such return is certified by a physician; accepts additional or alternate employment; discontinues care by a physician; and/or retires from the college; or when the college must separate the employee from employment (see "Job Restoration," above). However, LTD benefits payments may continue, and the LTD insurance carrier makes this determination.
Sometimes the return to work following LTD leave must be gradual. Although benefits are not guaranteed for partial disability, the insurance carrier will evaluate each case in any attempt made to return to work on a part-time basis following a period of total disability for which benefits have been paid. When an employee attempts such a gradual return to work, the college’s insurance carrier may provide part-time, rehabilitative benefits depending upon the circumstances connected with the particular employee's rehabilitative employment.
Coordination with Retirement Plans
Employees should consult the college benefits administrator and/or retirement plan counselor in the event of a long-term disability absence. Employees who are members of the Maryland State Retirement System (MSRPS) must complete Form MSRS46 when going out on LTD leave.
Accrual of Leave and Automatic Leave Sequence
- Accrual of leave means the accumulation of available leave time which is added each pay period to an employee's leave balance. Leave which is used is subtracted from the leave balance. Leave balances are available online.
- Individuals accrue annual and sick leave while on sick leave. Individuals do not accrue annual or sick leave while on any kind of disability leave or absence.
- Only current leave balances may be used. If leave is taken that has not yet been accrued by an employee, an automatic leave sequence will be used. This sequence will be specified for each type of leave for which an automatic leave sequence would be applicable.
- The automatic leave sequence for sick leave is as follows: sick leave; personal leave; annual leave; and leave without pay. The automatic leave sequence for disability leave is as follows: short-term disability leave; leave without pay. LTD is not part of any automatic leave sequence.
Effective Date: 2/19/10