What you need to know about FMLA and other reasons to stop the Tenure Clock Chair Development Program, UNC Charlotte ADVANCE Faculty Affairs and Diversity Office

The Nuts and Bolts of FMLA

Purpose of FMLA To balance the demands of the workplace with the needs of families, to promote the stability and economic security of families, and to promote national interests in preserving family integrity To minimize the potential for employment discrimination on the basis of sex by ensuring generally that leave is available for eligible medical reasons (including maternity-related disability) and for compelling family reasons To promote the goal of equal employment opportunity for women and men.

Qualifying Reasons for FMLA Family and Medical Leave (FMLA) provides up to 12 (or 26, as appropriate) workweeks of unpaid, job-protected leave in a 12-month period for one or more of the following qualifying reasons: Birth and care for a newborn; Care for an adopted or foster child; Care for a child, spouse, or parent with a serious health condition; A personal serious health condition* that prevents the employee from performing one or more of the essential functions of the position; Any qualifying exigency* arising out of the fact that the spouse, or a son, daughter, or parent is a military member on covered active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation; and, An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member shall be entitled to a total of 26 work weeks of leave during a single 12-month period (commencing on the on the date the employee first takes leave) to care for a covered service member who has a serious injury or illness incurred in the line of duty on active duty for which he or she is undergoing medical treatment, recuperation or therapy; or otherwise in outpatient status; or on the temporary disability retired list. * check out:

Who is Eligible? Full-time (Permanent, probationary, trainee, or time-limited), has at least 12 months total service with the State, and has been in a pay status at least 1040 hours in the previous 12 months. Part-time (half-time or more permanent, probationary, trainee, or time-limited) and has been in pay status at least 1040 hours during the previous 12-months. Temporary, intermittent, or part-time (less than half-time) and has been in pay status at least 1250 hours during the previous 12 months.

FMLA for 9 Month Faculty (Policy 102.6) Eligibility: This Policy applies to faculty with academic year appointments who: (a) do not accrue sick leave (b) are eligible for membership in the Teachers’ and State Employees’ Retirement System of North Carolina or the State’s Optional Retirement Program. The Policy does not apply to faculty with fiscal year (11- or 12-month) appointments, because they are eligible for and accrue sick and vacation leave that can be used for FMLA leave.

FMLA for 9 Month Faculty (Policy 102.6) Purpose: Full-time 9-month faculty members are provided paid leave (Continuation Pay) for a period of up to one semester for eligible faculty. This benefit is provided to reduce disruption in the classroom. Intermittent FMLA can be taken, where an employee works a reduced or intermittent work schedule because of his or her own serious health condition or to care for the employee's spouse, child, parent or service member who has a serious health condition. Short-term leaves of less than six weeks during a semester should be handled at the department and/or college levels by scheduling existing faculty to provide coverage for an absent colleague.

FMLA and Stopping the Tenure Clock When a non-tenured, tenure track faculty member is granted Continuation Pay, an automatic one-year extension of the tenure clock will be granted. The tenure clock extension will be discussed and verified in the Provost’s approval letter. A maximum of two (2) automatic one-year extensions of the tenure clock will be granted to an individual under this Policy. A faculty member may opt out of the automatic one-year extension to the tenure clock by giving written notice of the opt out decision to the Provost, Dean and Department Chair.

Administration of Leave A faculty member must apply for FMLA leave/Continuation Pay through Human Resources to ascertain if he/she qualifies. Upon receipt of preliminary approval from Human Resources, the faculty member should complete the Academic Affairs form AA-32 and obtain all the necessary departmental and college approvals. The Provost’s office will provide written notification with final approval of the faculty member’s request. Sounds Simple, but…. MANY FACULTY DO NOT REALIZE THEY ARE ELIGIBLE FOR, OR WORRY ABOUT THE REPERCUSSIONS OF REQUESTING FMLA

Consequences of Flexibility Stigma Among Academic Scientists and Engineers. Erin A. Cech, Mary Blair-Loy Flexibility stigma: a term scholars use to describe work places that punish those who don’t fit the “ideal worker” profile: solely devoted to one’s job, available 24 hours a day and traditionally male. Previous studies suggest such biases are particularly prevalent in the sciences, and that women with young children are the most frequent targets. This study reveals that both men and women with small children report and resent inflexible department cultures, and that even non-parents resent flexibility stigma, with negative consequences for the department over all Full article:

The Study……. 266 STEM faculty members at an unnamed top research institution with "preeminent" science and engineering programs responded to an online questionnaire about family status, gender and perceived levels of flexibility stigma in their departments. They were also asked to rate, from 1 to 5, whether or not they would consider leaving academe for careers in industry, their job satisfaction, and achieved work-life balance.

The Results…… Faculty members’ belief that making use of work-life policies, such as taking an occasional sick day to care for an ill child, leads to negative consequences in their departments is strongly related to their beliefs that mothers and fathers are seen in their departments as less committed. Women are more likely than men to report flexibility stigma, and parents with children under age 3 are likelier to report stigma than their non-parent colleagues. Surprisingly, mothers and fathers are equally likely to report flexibility stigma. Although 75 percent of the respondents were parents, just 14 percent have taken advantage of work-life policies

Consequences of Perceived Flexibility Stigma Respondents who report flexibility stigma are significantly more likely to want to leave academe for industry; less likely to want to remain at the university long-term; feel less work-life balance; and are less satisfied with their work over all. Analysis controlled for demographics, career and family status- translates into even non-parents feel the sting of flexibility stigma. In addition to fuelling low morale, flexibility bias can have significant financial repercussions for employers given the costly start-up packages associated with hiring new science and engineering faculty.

What should chairs do?

What Chairs should be doing Chairs need to understand FMLA policy so they can advise their faculty on this issue. Chairs need to be proactive about discussions with their faculty around FMLA – many faculty are completely unaware that they qualify for FMLA, or have serious misconceptions about the process. Set up a meeting with a faculty member who is (or soon will be) experiencing a life event that qualifies them for FMLA. Explain the process and the benefits to the faculty member (extension of tenure clock etc.).

Other Fun Facts about FMLA

Coordination of FMLA with Other Policies Continuation Pay authorized under FMLA does not impact or reduce a faculty member’s employer paid benefits, such as retirement or health insurance. Money’s are provided by AA to cover costs of teaching for the faculty on FMLA If it is anticipated that an illness or disability will require an extended absence from faculty duties for a period longer than one semester, the HR Benefits Office can provide information on the Disability Income Plan of North Carolina (DIPNC) and other applicable voluntary supplemental disability programs. The North Carolina Family Illness Act allows for an extension of up to 52 weeks of leave without pay during a five-year period in cases of serious illness of a child, spouse, or parent.

Restrictions to FMLA Policy for Nine - Month Faculty An eligible faculty member must work for the University for one full academic year before becoming eligible for Continuation Pay under this Policy. After an eligible faculty member receives Continuation Pay for a semester, he/she must work another full academic year before becoming eligible to request and receive another semester of Continuation Pay. A faculty member who resigns, is separated, retires or is otherwise terminated or discharged by the University during a scheduled leave period may not receive Continuation Pay beyond the date of such resignation, separation, retirement, termination or discharge. Continuation Pay under this Policy is not available during the period from May 16 through August 14. If a faculty member has a qualifying condition after having exhausted his/her Continuation Pay benefit, the faculty member may be eligible for disability benefits and should contact the HR Benefits Office for guidance.

Personal (Non-FMLA) Leaves of Absence for Nine-Month Faculty

Personal (Non-FMLA) Leaves of Absence for Nine-Month Faculty University Policy If a faculty member does not qualify for FMLA leave or has exhausted the FMLA benefit, a personal leave of absence may be requested for no less than one semester and no more than one academic year. All requests for personal leave of absence must be initiated at least three months in advance of the beginning of the requested leave by submitting form AA-32, Request for Leave of Absence for a Member of the Faculty in 9-month Appointment, to the faculty member’s immediate supervisor. The supervisor shall review the request for leave, and if approved, the supervisor shall submit the request to the department chair for review. If the supervisor is the department chair, such request shall be forwarded to the dean of the college. The department chair shall then review the request for leave, and if approved, the department chair shall submit it to the dean of the college for review.

Personal (Non-FMLA) Leaves of Absence for Nine-Month Faculty University Policy (continued) If the department chair or dean of the college denies the request, the faculty member may appeal to the Provost. Personal leaves of absence are without pay, and during a personal leave without pay, the University will cease payment of all employment benefits. The faculty member on personal leave will be responsible for the full cost of his or her health insurance benefit, and all contributions to the retirement system will cease during this period of time. Approval of personal leave does not automatically extend the period of review for reappointment, tenure, or promotion. A request for extension of the period of review for reappointment, tenure, or promotion should be made as part of the request for personal leave of absence.

Other Legitimate Reasons to Stop the Tenure Clock

Physical-plant problems that retard the ability of the faculty to perform their work (tardy lab renovations, leaky roofs, moves within campus) Catastrophic event in lab, e.g. losing critical samples because of freezer outage Delay in getting lab up and running because of delay in obtaining vital equipment

Military Service and the Tenure Clock In advance of leaving work to perform military duty, a faculty member may initiate a request, consistent with University policy, for an extension of the time during which an institutional decision must be made regarding reappointment, tenure, or promotion.

Remember…… HAPPY FACULTY ARE PRODUCTIVE FACULTY