A. Employee Benefits

14.1   Eligibility. Faculty and staff members with status appointments who are not covered by the Earned Time program (see USY V.A.11.1) are eligible for interim disability benefits.

14.2   Description. In situations where medical documentation concerning a faculty or staff member's inability to work indicates that the duration of the illness/injury will cause an absence from work of six months or more, interim disability provides the continuation of the individual's salary and benefits up to a total of six months absence from work inclusive of sick leave.

14.2.1   During the period of sick leave/interim disability, the faculty or staff member will be placed on Family Medical Leave as outlined in USY V.A.17 and should apply, through the System Human Resources Office, for long term disability which may provide income and continuance of benefits following the expiration of interim disability. (See USY V.A.15)

14.2.2   If there is a subsequent period of disability after use of all or part of the interim disability benefit provided above and if the subsequent disability is unrelated to the first, the policy set forth in USY V.A.14.2.1 will apply.

14.2.3   Should a faculty or staff member's repetitive disabilities create an inability to perform the essential functions of the position, appropriate action shall be considered, i.e., application for long-term disability (see USY V.A.15) or an accommodation as outlined in USY V. C.4.5.

14.3   Compensation. If accrued sick leave is exhausted, and medical documentation states that the faculty/staff member is unable to return to work, salary is continued through paid interim disability leave up to a total of six months' absence from work inclusive of sick leave.

14.4   Continuation of Benefits. Faculty and staff members' benefits shall continue during the period of interim disability, with the exception of vacation/personal leave time and sick leave accrual and personal use of the tuition waiver.

14.5   Position Status. A faculty/staff member's position will be held during the period of sick leave/paid interim disability leave for a maximum of six months from the first date of absence from work. For those individuals in their initial introductory period, the position will not be held unless the disability is due to pregnancy or is covered by worker's compensation (see USY V.A.16).

14.6   Pregnancy-related

14.6.1   When medical documentation indicates that a faculty or staff member (as described in 14.1) is unable to perform her duties and responsibilities because of medical conditions related to pregnancy and/or childbirth, the woman who plans to return to work may use accrued sick leave/interim disability leave/Family Medical Leave, and her position will be held for her return (see USY V.A.17).

14.6.2   The period of leave is determined on a case-by-case basis from medical documentation. Such leaves usually extend for the period from childbirth through six weeks. As with all leaves for interim disability, the period of leave shall first include the use of accumulated sick leave.

14.6.3   When the woman's medical condition no longer requires absence from work, she is expected to return to work. However, the Family Medical Leave Act provides the option of up to a total of 12 weeks of leave from her position for child rearing purposes. Continuance of salary under FMLA is contingent on use of her accrued vacation/personal leave time (see USY V.A.17).

14.6.4   Return to Work. Medical documentation supporting the faculty/staff member's ability to perform the essential functions of the job is required prior to return to work (see USY V.C.12).