Bryant University believes the well-being of employees is tied to a careful balance of work, personal, and family responsibilities. Therefore, the University strives to provide a work environment which enables employees to be supportive parents and family members, well-rounded individuals, and responsible, effective employees.
The length of a leave of absence is determined by statute or by policy. Factors which may be considered in deciding whether or not to extend a leave beyond statutory entitlements or University policy could include support by an employee’s supervisor and divisional vice president, the needs of the employee’s department, the employee’s length of service and work record, the reason the leave is being requested, etc.
Administrative Professional Leave
The University recognizes the importance of continuing professional development to increase job-related knowledge and skills. Professional development benefits both the employee and the University: it provides the employee a greater opportunity for promotion, self-renewal and increased motivation while at the same time providing the University with a more skilled workforce of professionals who are better able to anticipate trends in their field.
The University provides two types of Professional Leave:
- Professional Leave Without Pay
- Eligibility: must be a full-time employee of the University for a minimum of 5 consecutive years
- Length of Leave: up to one year
2. Professional Sabbatical
- Eligibility: must be a full-time employee of the University for a minimum of 5 consecutive years
- Length of Leave: up to 4 months at full pay, or up to 9 months at half-pay
- University Contribution: Salary as outlined above. Medical and dental benefits: Bryant University will pay its share of the premiums for your health and dental insurance during your leave entitlement; you will be required to pay your share of those premiums. Other benefits are prorated according to salary, and subject to limitations.
- Maximum Annual Number of Leaves: 4, with no more than 2 from any one division.
- Maximum Individual Employee Leaves: Employees may apply for leave at five-year intervals.
- Employee Replacement: Applicants and their supervisors are encouraged to develop proposals which will not require employee replacement, e.g. leaves during periods of lesser demand.
- Application Procedure: The applicant must submit a written proposal to the appropriate vice president, usually one year before the leave is to commence.
Comments of the immediate supervisor and his/her recommendation should be attached. These comments should address issues such as covering the applicant’s workload without additional expenditure.
The proposal should contain:
-
- The purpose of the leave and the benefits to the University
- Type of leave and length of time desire
- A plan for covering the applicant’s workload during the leave
- A description of the specific activities to be undertake
- If applicable, evidence of acceptance into a formal program, or fellowships, scholarships, grants or other outside support that might contribute to the success of the activities during the leave
The appropriate vice president will consider each proposal and may recommend specific proposals to the President for funding approval.
Criteria for Selection:
- Quality of the proposal, to be determined by a number of factors, including:
- evidence that the applicant is qualified to take part in the activities and that they are realistically planned for the time and resources allotted
- evidence that the proposed activities will have clear advantages for the University in terms of improved personnel skills and/or increased outside visibility, and
- evidence that the proposed activities will enhance the applicant’s current skills, capacity for promotion, and overall value to the University.
- Length of service
- Number of people requesting leave
- Ability of unit to maintain performance within budget
Return: Individuals granted a professional leave must return to work for a full year. The returning position and salary will be comparable to the employee’s position had there been no leave. Salary increases will be based on the employee’s performance evaluation. If the employee is unwilling to work under these circumstances, then the University contribution to the professional leave must be repaid. (University contribution includes any contribution made by the University for salary and/or benefits during the leave.)
Report on Activities: The employee will submit a written report outlining the activities supported by the leave. This report must be submitted to the appropriate vice president no later than one month after the return to duty.
Faculty Sabbatical: and other leave provisions are covered in the applicable Collective Bargaining Agreeme
Personal Leave
Bryant University will grant unpaid personal leaves of absence on the basis of two considerations:
- the reason for the request
- the needs of the department. Personal leaves are usually only granted in compelling circumstances and generally do not exceed three months.
Family and Medical Leave Policy, Family and Medical Leave Act (FMLA), RI Parental and Family Medical Leave Act (RIPFMLA), RI Military Family Relief Act, and RI Temporary Caregiver Leave (TCI)
Bryant University provides eligible employees with leave entitlements in accordance with the federal Family and Medical Leave Act (FMLA), the State of Rhode Island Parental and Family Medical Leave Act (RIPFMLA), the RI Military Family Relief Act, Rhode Island Temporary Caregiver Leave. The University applies the provisions of the leave that provides the greater leave rights to employees. Leaves that qualify under more than one law will run concurrently. Outlined below are the provisions of each leave policy.
FMLA: In accordance with the federal FMLA, the University provides eligible employees with up to twelve (12) weeks of unpaid leave in any 12-month period. The 12-month period is a rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken. Under the servicemember provisions of the FMLA the University provides eligible employees with up to 26 workweeks of leave during a single 12-month period to care for the covered servicemember.
RIPFMLA: In accordance with the state RIPFMLA, the University provides eligible employees with up to thirteen (13) weeks of unpaid leave in any 2 calendar years. Additionally, RIPFMLA also provides a total of ten (10) hours of leave during any 12-month period to attend school conferences or other school- related activities for a child of whom the employee is the parent, foster parent or guardian.
ELIGIBILITY: To be eligible for the FMLA leave, an employee must:
- have worked for Bryant for at least 12 months; and
- have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and,
- work at a location where at least 50 employees are employed at the location or within 75 miles of the location
To be eligible for the RIPFMLA, an employee must:
- have worked an average of 30 or more hours per week for 12 consecutive months
- work for an employer with 50 or more employees
ENTITLEMENT: Under the FMLA, eligible employees may take leave for one or more of the following reasons:
- for the birth of a son or daughter, and to care for the newborn child;
- for the placement with the employee of a child for adoption or foster care, and to care for the newly placed child;
- to care for an immediate family member (spouse, child, or parent – but not a parent “in-law”) with a serious health condition; and
- when the employee is unable to work because of a serious health condition
Leave to care for a newborn child or for a newly placed child must conclude within 12 months after the birth or placement.
Spouses employed by the same employer may be limited to a combined total of 12 workweeks of family leave for the following reasons:
- birth and care of a child; and,
- for the placement of a child for adoption or foster care, and to care for the newly placed child
Under the servicemember provisions of the FMLA, the eligible employee may take leave for one or more the following reasons:
- A “qualifying exigency” arising out of a covered family member’s active duty or call to active duty in the Armed Forces in support of a contingency pla In this instance, an immediate family member (spouse, child or parent of active- duty servicemembers) may take up to 12 workweeks of leave during any 12-month period.
- To care for a covered service In this instance, an eligible employee (spouse, child, parent or next of kin of servicemember) may take up to 26 workweeks of leave during a single 12-month period to care for the servicemember. Such leave, when qualified with other FMLA-qualifying leaves, may not exceed 26 weeks in a single 12-month period.
Under the RIPFMLA, eligible employees may take leave for one or more of the following reasons:
- for the birth of a son or daughter
- for the placement with the employee of a child sixteen (16) year of age or less for adoption
- to care for an immediate family member (spouse, child, parent, mother-in-law, father-in-law) with a serious illness
- when the employee is unable to work because of a serious illness
Scheduling Leave Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the University’s operations.
Intermittent/Reduced Schedule Leave The FMLA permits employees to take leave on an intermittent basis or to work a reduced schedule when medically necessary to care for a seriously ill family member or because of the employee’s serious health condition. The servicemember provisions allow employees to take leave on an intermittent basis or to work a reduced schedule when necessary to support a covered servicemember FMLA situation.
Substitution of Paid Leave While on an approved FMLA or RIPFMLA leave, employees are required to use accrued paid sick leave and may choose to use accrued paid vacation leave. However, during any period of time that the employee is receiving workers’ compensation insurance benefits, the employee is not required to use accrued paid sick leave, but the employee may choose to have paid vacation or sick leave supplement insurance benefits where insurance provides partial replacement income of an employee’s salary or wages.
The substitution of accrued sick time would be limited to sick usage as outlined in the Bryant’s sick leave policies.
DEFINITIONS:
Serious Health Condition/ Serious Illness:
Under the FMLA, a “serious health condition” means an illness, injury, impairment, or physical or mental condition that involves:
- any period of incapacity or treatment connected with inpatient care (e., an overnight stay) in a hospital, hospice, or residential medical care facility; or
- a period of incapacity requiring absence of more than three consecutive, full calendar days of incapacity from work, school, or other regular daily activities plus two visits to a health care provider. The two visits must occur within 30 days of the beginning of the period of incapacity and the first visit must take place, in person, within 7 days of the first day of incapacity, and the second visit must be at the request of the healthcare provider; or
- any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.), that requires “periodic visits” (at least two visits per year) for treatment by a health care provider, continues over an extended period of time, and may cause episodic rather than continuing periods of incapacity; or
- a period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer’s, stroke, terminal diseases, etc.); or
- any absences to receive multiple treatments (including any period of recovery there from) by, or on referral by, a health care provider for a condition that likely results in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.)
Under the RIPFMLA, a “serious illness” means a disabling physical or mental illness, injury, impairment, or condition that involves inpatient care in a hospital, a nursing home, or a hospice, or outpatient care requiring continuing treatment or supervision by a health care provider.
Covered Servicemember:
Under the servicemember provisions of the FMLA, a “covered servicemember” is (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, “who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list for a serious injury or illness*; or (2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.*
*The FMLA definitions of “serious injury or illness” for current servicemembers and veterans are distinct from the FMLA definition of “serious health condition”.
REQUESTING LEAVE:
FMLA and/or RIPFMLA:
The University requires a request for leave of absence under the FMLA, and/or RIPFMLA for any period of absence that exceeds, or will exceed, five (5) scheduled days of work.
Employee requests should be made by contacting their immediate supervisor or by notifying the Human Resources Department. The request should include the reason for the leave (sufficient information to understand that the employee needs leave for FMLA and/or RIPFMLA qualifying reasons) and the anticipated duration.
If the need is foreseeable, the notice for leave should be made at least thirty days prior to the beginning of your leave. If the leave is not foreseeable, the notice should be made as soon as practicable.
CERTIFICATION REQUIREMENTS:
FMLA/RIPFMLA:
Employees are required to submit certification from a health care provider supporting the need for the leave for a serious health condition of the employee or the employee’s immediate family member. A “Certification of Health Care Provider” form will be given to the employee upon notification of leave. The form should be completed and returned to the Human Resources Department within 15 calendar days of the employee’s leave request. Employees may be required to provide subsequent recertification on a reasonable basis. Employees also must inform the University if the requested leave is for a reason for which FMLA leave was previously taken or certified.
BENEFITS:
FMLA and RIPFMLA Leave:
Health and Dental benefits will be continued while an employee is on an approved FMLA and/or RIPFMLA leave. Employees will be responsible for paying their premium portion (co-pay) for such coverage during the leave and should discuss payment arrangements for this with Human Resources. Continuation of benefits during an approved FMLA and/or RIPFMLA leave may be terminated if the employee’s premium payment is more than 30 days late. If the leave extends beyond the entitlement under the FMLA or RIPFMLA leave, the employee will be notified of their right to continue health and/or dental insurance under COBRA.
If the University pays the employee contributions missed by the employee while on leave, the employee will be required to reimburse the University for such payments (on a payroll deduction schedule) upon return from leave.
If the employee fails to return from an approved FMLA or RIPFMLA leave for reasons other than:
- the continuation of a serious health condition of the employee or a covered family member
- circumstances beyond the employee’s control, the University may seek reimbursement from the employee for the portion of the premiums (employer contribution) paid by the University on behalf of that employee during the period of leave.
Job Restoration:
Upon return from a FMLA and/or RIPFMLA leave, an employee will be restored to his/her original position, or to an equivalent position with the same pay, benefits and other employment terms and conditions.
An employee’s use of FMLA and/or RIPFMLA leave will not result in the loss of any employment benefit that the employee earned or was entitled to before using (but not necessarily during) the leave. An employee’s restoration rights are the same as they would have been had the employee not been on leave. Had an employee’s position been eliminated or had the employee been terminated but for the leave, the employee would not have the right to be reinstated upon return from leave.
Additionally, the University may deny job restoration to certain “key employees” as defined by the FMLA. The University would notify the employee of their status as a “key employee” in writing at the time of the request for leave, the reasons for denying job restoration, and provide the employee a reasonable opportunity to return to work after notification to the employee.
THE UNIVERSITY’S RESPONSIBILITIES:
The University will inform employees requesting leave whether they are eligible under FMLA. If they are, the notice will specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, the University will provide a reason for the ineligibility. The University will inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the University determines that the leave is not FMLA-protected, the University will notify the employee.
UNLAWFUL ACTS AND ENFORCEMENT
FMLA makes it unlawful for any employer to:
- interfere with, restrain, or deny the exercise of any right provided under FMLA; and
- discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. FMLA does not affect any Federal or State law prohibiting discrimination or supersede any State or local law or collective bargain.
SCHOOL LEAVE
An employee who has been employed for twelve (12) consecutive months is entitled to ten (10) hours of unpaid leave during any twelve (12) month period to attend school conferences or other school-related activities for a child of whom the employee is the parent, foster parent or guardian. A notice of twenty-four (24) hours prior to the leave must be given to the University.
RHODE ISLAND MILITARY FAMILY RELIEF ACT
Under the Military Family Relief Act, eligible employees may take up to 30 days of unpaid leave if a spouse or child is called to military service for more than 30 days. Leave must be taken during the time the servicemember’s orders are in effect.
To be eligible, an employee must:
- have worked for Bryant for at least 12 months; and
- have worked at least 1,250 hours during the 12 months prior to the start of the leav
Employees must give 14 days prior notice if the leave is expected to last for five or more consecutive workdays. If the leave is expected to last fewer than five days, the employee must give notice as soon as practicable.
Employees MUST exhaust accrued vacation, personal leave, or other time off (but not sick time or disability leave) before taking unpaid leave under the act.
Employees are required to provide certification from the military regarding the family members call to active duty.
RHODE ISLAND TEMPORARY CAREGIVER INSURANCE (TCI)
TCI provides benefit payments of up to six (6) weeks per year to eligible caregivers. If you are caring for a seriously ill child, spouse, parent, parent in-law, grandparent, domestic partner, or you are bonding with a newborn child, adopted child or foster child within the first 12 months of parenting; you may be eligible to receive TCI benefits if you meet the following requirements:
- You are unemployed because you are caring for a seriously ill family member or bonding with a child and
- You provide the Rhode Island Department of Labor and Training with the required medical evidence of the seriously ill family member and your need to care for him/her or the required proof of parent child relationship for bonding claims and
- You earned enough in qualifying wages to be monetarily eligible.
Employees must provide 30-days advance written notice to the University of the need for TCI leave, unless unforeseeable circumstances make such notice impossible. During TCI leave, the University will maintain any existing health benefits of the employee, provided that the employee continues to pay any employee share of the cost of health benefits as required prior to the commencement of TCI leave. The University will hold an employee’s position or a comparable position until the employee returns from TCI leave.
Employees will be required to take TDI or TCI leave concurrently with any other Federal or State leave for which they are eligible.
You can apply for TCI benefits by completing an application. The application form may be obtained from one of the following sources: