ARTICLE XIII. PAID TIME AWAY
SECTION A. SICK LEAVE
When a House Officer is unable to work due to illness or injury and certain criteria are met, certain paid sick leave shall be available. The parties share a mutual interest that House Officers are both encouraged and supported by their programs and colleagues to not work when acutely ill (e.g., is contagious, dehydrated, or vomiting, or has diarrhea). The parties acknowledge that there is a shared responsibility of both Faculty and House Officers to assure coverage during this absence. Excessive absenteeism may result in corrective action.
SECTION B. SERIOUS ILLNESS LEAVE (SHORT-TERM DISABILITY)
To provide the Employee with confidentiality related to a serious illness, Work Connections, or its equivalent, will be utilized to obtain the necessary documentation for a paid leave under this Article. The Employer will be responsible for initiating the claim, however, the House Officer is able to do this as well. The House Officer is responsible for ensuring Work Connections receives required documentation within a reasonable time frame or a time frame as prescribed by Work Connections.
A House Officer who is unable to work for at least one (1) week due to a) a single incident of serious disabling illness or injury, b) intermittent absences to receive multiple, on-going treatments resulting from and following a single disabling illness or injury (such as chemotherapy, radiation therapy, physical therapy or dialysis), or c) severe complications from pregnancy that prevent attendance at work, or (d) a medically necessary period of physical recovery from childbirth that exceeds the amount of paid Maternity Leave provided pursuant to Section F shall receive up to a maximum of six (6) months, inclusive of weekends, of full pay in each three (3) calendar year period following their date of hire. Renewal of this six (6) months sick time benefit will occur on the first of the month in which the three-year anniversary occurs. However, if a House Officer is on paid sick leave under this provision on the renewal date, the renewal will be deferred until the House Officer returns to active employment for 30 days. The Employer will require verification of the House Officer's inability to work, including intermittent absences, before granting paid time off. In the event the House Officer applies for and is approved for Long-Term Disability benefits pursuant to Article IV of this Agreement, this six (6) month period of paid Serious Illness Leave qualifies as the elimination period for the Long-Term Disability benefit.
Time under the Family Medical Leave Act of up to twelve (12) weeks will run concurrently with any paid and unpaid time, beginning with the first day of a qualified illness.
When a House Officer has been off work due to a single serious illness or injury for thirty (30) calendar days, the circumstances will be discussed between the House Officer's Program Director and the House Officer to determine the appropriate course of action. Courses of action will include:
- Return to work plan established based on Work Connections review of medical documentation from treating physician.
- Application submitted for Long Term Disability, if appropriate
- Obtain approval from GME Office for course of action
- Contact of the HOA by the House Officer for information regarding the LTD Plan and other benefits that may be affected.
SECTION C. BEREAVEMENT LEAVE
In the event of the death of an Employee's spouse or other qualified adult as defined by University policy, or the son, daughter, parent, grandparent, brother, sister, grandchild (or spouse of any of them), of either the Employee or the other qualified adult, any other related person living in the Employee's household, or a significant other non-related person living in the Employee's household, an Employee shall be granted paid time off work. The amount of paid time off work shall be only that which is required to attend the funeral and/or make arrangements necessitated by the death, but in no event shall it exceed three (3) work days. In situations where long distance travel is required, the Program Director will make every effort to accommodate additional continuous days free of duties, which may include modifications to the House Officer's work schedule or scheduled days off, or the use of vacation days or a personal day without the advance notice normally required. If additional time off is needed, the Employee may request unpaid leave. An Employee who has experienced a pregnancy loss, as either an expectant birth parent or non-birth parent, may utilize Bereavement Leave without regard to whether a funeral or other service is held.
SECTION D. JURY DUTY
Whenever a House Officer is called for jury duty, they will not experience any loss in salary or benefits. At the House Officer's request, the department will provide a letter requesting deferral of jury duty. It is recognized that jury duty service may require an extension of the House Officer's training program, depending on the time away from work.
SECTION E. PREVENTATIVE CARE AND PERSONAL DAYS
A House Officer who has a preventive medical or dental appointment, shall receive paid time off, not exceeding eight (8) hours per year. Preventative Care time is intended to be taken in full or half day increments. However, Preventative Care time may also be taken in increments of less than a half day to accommodate a late arrival or early departure for the purpose of attending a preventative appointment. The House Officer must provide their Program Director with at least forty-five (45) days advance notice of the need to take Preventative Care time, on a form provided by the Employer. The Program will make all reasonable efforts to accommodate the requested date, but approval is subject to operational and patient care needs. Within seven (7) calendar days of receiving the properly submitted request, the Program Director or their designee will either confirm or deny the requested date. If the requested date cannot be accommodated, the Program Director, or their designee, and the House Officer will meet upon request of either party to discuss and agree on an alternative. Upon request, the House Officer will make reasonable efforts to assist the program in securing coverage for any assigned duties. Final approval of the requested date is at the discretion of the Program Director.
In addition, a House Officer shall receive one (1) Personal Day per program year, which may be used for any personal need, including medical, dental, or mental health appointments. Personal Days may be used in full or half day increments, but nothing less. The House Officer must give their Program Director at least forty-five (45) days advance notice of the need to take a Personal Day, on a form provided by the Employer. The Program will make all reasonable efforts to accommodate the requested date, but approval is subject to operational and patient care needs. Within seven (7) calendar days of receiving the properly submitted request, the Program Director or their designee will either confirm or deny the requested date. If the requested date cannot be accommodated, the Program Director, or their designee, and the House Officer will meet upon request of either party to discuss and agree on an alternative. Upon request, the House Officer will make reasonable efforts to assist the program in securing coverage for any assigned duties. Final approval of the requested date is at the discretion of the Program Director.
Unused Preventative Care and Personal Days shall not be carried over from program year to program year and shall not be available to use to offset deficits in training due to leaves of absence or other reasons.
Personal and Preventative Care Days are to be granted separately from the House Officer's regular release days. A House Officer with a part-time appointment, either by FTE effort or employment within the program year, will be entitled to Preventative Care and Personal Days in direct proportion to their appointment.
SECTION F. MATERNITY LEAVE
A House Officer who gives birth shall receive six (6) weeks of total paid time for the physiological recovery from childbirth. A House Officer who gives birth by Cesarean section shall receive an additional two (2) weeks of paid Serious Illness Leave for physical recovery, pursuant to Section B of this Article. In either case, if additional time off is medically required for recovery, the House Officer will be granted Serious Illness leave under Section B of this Article. The six (6) week period of Maternity Leave, plus any additional Serious Illness Leave as described above, if requested by the House Officer, is to be used during the period immediately following delivery of the child. Regardless of when the time is taken, it is to be taken for a consecutive period of time. A House Officer who elects to take less than six (6) weeks for paid time for childbirth must present a written release from her physician to return to work. Maternity Scheduling Considerations: During the last trimester of pregnancy and for two (2) months post-partum, overnight call will not be scheduled and duty will be limited to twelve (12) consecutive hours. Exceptions may be approved by the House Officer's Obstetrician, or other appropriate physician only. A good faith effort will be made by the Employer to accommodate any other health care needs, including scheduling, that may arise during the course of the pregnancy.
SECTION G. PARENTAL LEAVE
Parental Leave: A House Officer who becomes a parent on or after their employment start date, including birth mothers who take maternity (childbirth) leave, are eligible for up to six (6) consecutive weeks of paid time off to bond with a newborn, newly adopted or newly fostered child, or minor child for whom legal guardianship has been newly appointed. Parental leave is available for use within one (1) year of the event. Requests for Parental Leave must be made to the Program Director at least three (3) months in advance of the expected start date of the parental leave. If three (3) months advance notice is not possible due to emergency or reasonably unanticipated circumstances, the request for Parental Leave shall be submitted as soon as practicable. Program Directors will make every effort to honor the requested start date for the Parental Leave, but patient care and other critical operational needs may be taken into account when scheduling parental leave. Parental Leave shall be taken as a single, continuous block of time. A House Officer may request to take their Parental Leave on a non-continuous basis, but the Program Director retains sole discretion to determine whether such non-continuous leave can be accommodated. A House Officer shall not alter Parental Leave dates when taken in a continuous block or non-continuous Parental Leave dates that have been approved by the Program Director, unless the requested change is prospectively approved by the Program Director.
SECTION H. CAREGIVER LEAVE
A House Officer in a Program that is three (3) years or longer is eligible for a maximum of six (6) weeks paid Caregiver Leave one (1) time during their Program. A House Officer in a Program that is two (2) years or less in length is eligible for a maximum of six (6) weeks of paid Caregiver Leave once during their Program, but the paid Caregiver Leave requested will be offset by any paid Maternity Leave, paid Serious Illness Leave, or paid Parental Leave benefits previously received by the Employee during the course of their clinical training program. For example, an Employee who received four (4) paid weeks of Serious Illness Leave during their first program year, and who later requests paid Caregiver Leave during their second program year, would be eligible for a maximum of two (2) weeks of paid Caregiver Leave.
Caregiver Leave is defined as leave requested by the Employee for the purpose of providing care for the Employee's immediate family member with a serious health condition.
An immediate family member includes:
- Either the Employee's spouse or Other Qualified Adult as defined by University Policy; or
- The Employee's child (biological, adoptive, or legally placed foster child, or child in the House Officer's care through legal guardianship); or
- The Employee's sibling, parent, grandparent, or grandchild.
A serious health condition is defined, consistent with US Department of Labor standards, as an illness, injury, impairment, or physical or mental condition that involves:
- Inpatient care in a hospital, hospice, or residential medical facility; or
- Continuing treatment by a health care provider
An Employee who wishes to apply for paid Caregiver Leave pursuant to this Article will initiate their request with their Program Administrator. The request will be processed according to procedures specified by the Employer, consistent with the application and approval process for other forms of leave provided in the collective bargaining agreement. The Employee will be required to submit appropriate documentation of the need for the Caregiver Leave. The required documentation must be consistent with the type of documentation that would be required by the HR Solutions Center, or similar UM unit, to support an FMLA covered leave.
In order to facilitate uninterrupted patient care and clinical training, Caregiver Leave is intended to be taken in a continuous block. However, it may be taken on an intermittent basis if properly supported pursuant to paragraph 101 above and with appropriate notice by the House Officer to the Program Director, and/or consistent with FMLA requirements if applicable.
In the event an employee completes a training program with the Employer and then enters a second ACGME/CODA/CPME accredited training program, the Employee's eligibility for the paid Caregiver Leave benefit renews upon entry into the second training program.
SECTION I. VACATION
Except as provided in paragraph 106, House Officers shall be entitled to twenty-eight (28) days of vacation time per twelve (12) months of employment, inclusive of weekends (Saturday and Sunday). Therefore, a maximum of twenty (20) of these twenty-eight (28) days will occur on a Monday through Friday schedule. In the event a Program assigns and schedules vacation time by the month, no more than thirty-one (31) days of vacation time, inclusive of weekends, will be provided.
The underlying principle is equity among all House Officers at all levels, with each being eligible for four (4) weeks of vacation time per academic year.
A House Officer with a part-time appointment, either by FTE effort or employment within the twelve (12) month vacation period, will be entitled to vacation time, in direct proportion to their appointment.
Vacation shall be scheduled to meet the requirements of the Employer on a departmental basis with due consideration given to the Employee's wishes as to time and duration. The actual scheduling of vacations shall be the responsibility of the Program Director or equivalent level of supervision. Such vacations will be scheduled as a regular and routine part of service assignments over the course of the year. Once a vacation request is approved, the Employer shall not unilaterally change or cancel the approved vacation unless the Employer has implemented its Emergency Operations Plan pursuant to UMHS Policy 01-02-000. Either the Employee or the Program Director may initiate a request for a change to previously approved vacation, but any changes must be mutually agreed upon. Vacations are not cumulative and can only be taken during the current vacation period. Nothing herein shall be interpreted to limit vacation entitlement as outlined in this Article.
Vacation time may be requested for job interviews. Vacation time may also be requested for medical conferences that have not been approved by the Program Director pursuant to paragraph 115. Such requests will not be unreasonably denied.
Any request for time off beyond the allotted vacation days, that is not subject to any other applicable article of this agreement, will be without pay and subject to approval from the Program Director.
Paid vacation time may be used to off-set deficits in training due to a Leave of Absence (LOA), to the extent allowed by the national certifying Board and following the processes and procedures identified by the Employer.
A month is defined as either a calendar month or a period of time running from any date in a calendar month through the next preceding date in the next calendar month (e.g. January 15 through February 14).
A vacation day shall be a calendar day, which is defined as a twenty-four (24) hour period commencing at 12:00 am and ending at 11:59 pm. When necessary to compute a day's pay, it shall be 1/365 of the Employee's annual salary rate at the time a deduction is taken.
A vacation period will run for a twelve (12) month period immediately following the commencement of the Employee's appointment.
SECTION J. ADDITIONAL PAID TIME OFF
House Officers will receive time off without loss of pay to take examinations required by Programs or as part of their Board requirements, including any required sub-specialty in-service exams. House Officers shall record such time as part of their work hours. For in-service exams, House Officers shall register promptly, within seven (7) calendar days of the opening of the registration period, and shall select the testing site that is closest to the University medical campus. For in-service exams only, in the event a House Officer attempts to register within this seven (7) calendar day period but, due to circumstances beyond their control, is unable to register for an exam location within a fifteen (15) mile round trip from University hospital or the House Officer's residence, the House Officer shall inform their Program Director and request approval to incur travel expenses. Upon approval of the Program Director, the House Officer may submit the in-service exam mileage and hotel expenses for reimbursement, out of Departmental funds, pursuant to Article XXXI Reimbursements.
House Officers will receive time off without loss of pay to attend conferences as specifically approved by the Program Director or Program Director's designee.
House Officers will receive time off without loss of pay to recertify for Basic Life Support (BLS), Advanced Cardiovascular Life Support (ACLS), Pediatric Advanced Life Support (PALS), Neonatal Resuscitation Program (NRP), or Advanced Trauma Life Support (ATLS) courses as may be required by their current training program. These recertifications will be offered at no cost to the House Officer in accordance with guidelines established by the Employer. It is the responsibility of the House Officer to register in a timely fashion for recertification courses offered through the Employer, and to coordinate the date(s) of attendance with their Program Director. In the event there are no openings through the Employer's course offerings, House Officers will notify their Program Administrator. Following guidelines established by the Employer, the Program Administrator may request an exception by the GME Office for a course to be taken at an approved training site outside of the University. If approved by the GME Office, the House Officer will then be reimbursed for the cost incurred by recertifying through the outside vendor. Recertification is a condition of continued employment. In the event a certification lapses, the House Officer must obtain the certification, and may be required to utilize vacation to attend training or attend the training on a scheduled day off. In the event of a lapsed certification, the House Officer is responsible for paying the difference between the cost of initial certification and the cost of recertification. In the event of an absence from a course that the House Officer had registered for, which results in the Employer being charged for the missed course, the House Officer shall be responsible for either reimbursing the cost of the recertification course to the Employer or paying the full registration cost of the next recertification course they register for, except in cases where the House Officer missed the course due to a last-minute schedule change initiated by their Program.
The Employer will make reasonable efforts to provide House Officers with electronic or other written reminders of recertification deadlines at least six (6) months in advance, but it remains the responsibility of the individual House Officer to track and fulfill their recertification obligations. In no event will the lack of a written notice of the recertification deadline from the Employer operate to relieve the House Officer of the responsibilities set forth in paragraph 116.
The Employer will provide time off work with pay to a House Officer in a residency program to take the USMLE Step 3 or COMLEX Level 3 examination (no more than two (2) days) and this time will not count as usage of vacation, or other paid time off, as long as the House Officer has collaborated with the Program Director regarding the time period for which the test will be scheduled. In order for a House Officer to use this paid time off, the examination must be taken prior to the House Officer's final program year at the University, except in the case of a House Officer in a one-year transitional residency, who may also qualify for the paid time off. Should the House Officer need to retake the examination, the Program Director may require the use of vacation or that the exam is scheduled on a scheduled day off.
The foregoing paragraph does not apply to fellowships.