Disability Leave / Medical Leave of Absence
For the purpose of this policy, disability includes any injury or illness including those arising from pregnancy, childbirth, and related medical conditions that temporarily impede a resident from being able to perform the essential functions of their position. A female resident affected by pregnancy, childbirth or related medical conditions will be treated in the same manner as any resident affected by any other temporary disability. Any resident absent from work or expected to be absent from work for more than two consecutive calendar weeks due to disability should be placed on disability leave and should apply for short-term disability benefits. The leave date begins on the initial date of the inability to work because of the disability. Disability leave may be granted with full pay and continued benefits for 90 days. Disabilities extending beyond 90 days will be covered according to Long Term Disability (LTD) policy
MHMH complies with the Family and Medical Leave Act (FMLA) and provides eligible residents with up to twelve (12) work weeks of job protected unpaid family or medical leave during any rolling twelve (12) month period for one or more of the following events:
- Birth and first year care of a child.
- Placement of a child for adoption or foster care in the resident's home and for first year care of the child.
- To care for a spouse, parent, minor child, or adult child (when the adult child is not capable of self-care because of a physical or mental disability) with a serious health condition. (A serious health condition is defined as an illness, injury, impairment or physical or mental condition that involves inpatient care in a hospital, hospice or residential medical care facility, or continuing treatment by a health care provider for more than three days.)
- Resident's own serious health condition, which renders him/her unable to perform the functions of the resident's job.
- The qualifying exigency (as defined by FMLA regulations) arising out of the fact that the spouse, or a son, daughter or parent of the resident is on active duty in the United States Armed Forces (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.
Rolling 12-month period
For purposes of calculating the amount of FMLA leave an eligible resident may take, the term "during any twelve (12) month period" means a rolling twelve (12) month period measured backward from the date an FMLA leave begins.
A resident is eligible for FMLA leave if he/she has:
- Been employed with MHMH for at least twelve (12) months (which need not be consecutive).
- Worked at least 1,250 hours in the twelve (12) consecutive months prior to the leave.
Status of Benefits during FMLA Leave
An eligible resident's group health plan participation will be maintained for the duration of the FMLA leave at the level and under the same conditions coverage as would have been provided if the resident had not taken leave. The resident will be responsible for continuing to pay his/her share of the premium as a condition of continuing his/her participation. Should the resident fail to return from leave, the employer may recover the premium for the dental coverage incurred during the leave.
No Other Work While on Leave
A resident may not accept or perform other employment, consulting or independent contractor work of any kind during leave. If the resident violates this provision; the resident will be considered to have resigned from his/her training program.
Reinstatement from Leave
Residents returning from FMLA medical leave will be reinstated to a position in accordance with the Family and Medical Leave Act of 1993, if applicable. For situations that extend beyond FMLA protection, reinstatement will be at the discretion of the program director and the GME Office, except in workers' compensation situations when an employee has a potential right to job reinstatement for eighteen (18) months from date of injury.
All residents, regardless of benefit status or FMLA eligibility, are eligible to take a leave of absence (LOA) from training for the resident's own medical issues rendering them unable to work.
Request for Leave
A request for a leave of absence (LOA) should be initiated with your program director at least thirty (30) days in advance when at all possible. When advance notice cannot be provided, residents should contact their program director as soon as possible.
For a leave (other than medical disability) that qualifies under FMLA, the resident must complete a "Certification of Health Care Provider" form and submit to the benefits department at 603-676-4272. These forms can be obtained by calling the GME Office.
Effect of Leave on Pay
All medical leave is unpaid. However, residents may apply for Short or Long-Term Disability benefits.
- Table of Contents
- ACGME Competencies
- Eligibility & Selection
- Agreement of Appointment
- Confidential Reporting
- GME Policies
- Academic Improvement Policy
- Affiliation Agreement & Program Letters of Agreement Policy
- Appeal of Disciplinary Action Policy
- Disaster Procedure
- Disciplinary Action Policy
- Domestic and International Off-Site Rotation Policy
- Eligibility & Selection Policies
- Evaluation Policy
- Extreme Emergent Situation Policy
- General Grievances Policy
- Governance of Shared Resources Policy
- Inbound Resident Rotators
- Leave of Absence Policy
- Medical Licensing Policy (USMLE) (COMLEX)
- Moonlighting Policy
- Permanent Complement Increase Request
- Program Closure and Reduction Policy
- Resident Agreement of Appointment Policy
- Resident Learning Environment Policy
- Resident Promotion Policy
- Resident Responsibilities Policy
- Resident Stipend Policy
- Resident Supervision Policy
- Resident Transfer Policy
- Restrictive Covenant Policy
- Review, Approval and Signature Policy
- Special Program Review Policy and Protocol
- Time Lost from Residency
- Transitions of Care Policy
- Work Hour Policy
- Institutional Policies