Deans Council and Human Resources January 2005
Approved by Deans Council February 2005
Referred to College Senate, UUP and Executive Council for review and comment 3-2-05
The Federal Family Medical Leave Act (FMLA) provides a basic (minimum) benefit to "eligible" employees (individuals employed for at least 12 months with at least 1,250 hours of service during this 12-month period) in regard to childbirth and childcare: up to 12 workweeks of unpaid leave during any 12-month period for:
This entitlement expires at the end of the 12-month period beginning on the date of such birth or placement. Except where it is medically necessary, this leave may not be taken intermittently, or on a reduced leave schedule, unless the employee and the employer of the employee agree otherwise.
FMLA requires the employer to hold the job open for the employee, to continue any employment benefit (e.g., health insurance) accrued prior to the date on which the leave commenced, and to continue compliance with any provisions established through a collective bargaining agreement. However, the employee may elect, or the employer may require the employee, to substitute any accrued personal leave, paid vacation leave, or family leave for any part of the 12-week period.
Sick leave . New York State regulations provide for a sick leave (“disability period”) entitlement of 4 weeks before the birth of a faulty member's child and 6 weeks after. This leave may be a paid through charged sick leave accruals. If the faculty member lacks the necessary accruals, or if documented sick leave is needed beyond the nominal disability period, the faculty member may apply to the College President for additional sick leave with or without pay.
Childcare . Requests for leave for the purpose of subsequent childcare (i.e., beyond the nominal "disability period") may be made to the College President as provided under Title F of The Policies of the State University of New York Board of Trustees.
Institutional (SUNY Brockport) Guidelines
APT Timeline . Unless requested and approved pursuant to Trustees policy, the child birth/childcare leave arrangements described above will have no bearing on timetables for academic personnel decisions (e.g., term renewal, promotion, tenure).
Teaching Releases . Sick leave for childbirth may necessitate a faculty member's release from an entire semester of teaching responsibilities (i.e., the leave falls [a] during the regularly scheduled fall or spring semester and [b] is of a duration that makes an initial teaching assignment for that semester, or a later return to teaching during that semester, unfeasible or undesirable). In this situation, full pay will be provided through the use of sick leave accruals or (if requested) an altered professional obligation. In the latter case the faculty member will work with the chair and dean to create a professional obligation that creates value with regard to teaching, research and/or service.