Contract

HOA CONTRACT 2018

ARTICLE XIII. PAID LEAVE

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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. It is in our 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). We acknowledge that there is a shared responsibility of both Faculty and House Officers to assure coverage during this absence. It is also noted, however, that excessive absenteeism may result in corrective action.

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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.

SECTION A: SERIOUS ILLNESS

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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 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.

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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.

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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:

  1. Return to work plan established based on Work Connections review of medical documentation from treating physician.
  2. Application submitted for Long Term Disability,if appropriate
  3. Obtain approval from GME Office for course of action
  4. Contact of the HOA by the House Officer for information regarding the LTD Plan and other benefits that may be affected.

SECTION B: BEREAVEMENT LEAVE

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In the event of the death of an employee's spouse, or the son, daughter, parent, grandparent, brother, sister, grandchild (or spouse of any of them), of either the employee or his/her spouse, 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 time off work without loss of pay. The amount of time off work with pay 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. If additional time off is needed, the employee may request the use of available vacation time.

SECTION C: JURY DUTY

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Whenever a House Officer is called for jury duty, he/she 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 D: LONG-TERM DISABILITY

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A House Officer who has qualified for the HOA Long-term Disability (LTD) Plan shall be paid during the six (6) months elimination period. The elimination period begins with the House Officer's first day of absence and runs for a consecutive six (6) months. The elimination period will run concurrent with any time paid in conjunction with this Article. In no case will a House Officer receive more than six (6) months paid leave time in any twelve (12) month period.

SECTION E: PREVENTATIVE CARE

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A House Officer who has a preventive medical or dental appointment, shall receive paid time off, not exceeding eight (8) hours per year. A House Officer will make reasonable efforts to provide notice to the program and assist the program in securing coverage for any assigned duties.

SECTION F: MATERNITY LEAVE

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Article 13, Section F has been superceded by Memorandum of Understanding 15. Please see MOU 15 for information regarding maternity leave.

A House Officer who gives birth shall receive six (6) weeks total paid time for childbirth, regardless of mode of delivery. If additional time off is medically required for recovery, the House Officer will be granted Serious Illness leave under Section A of this Article. (The nature of House Officer scheduling permits scheduling of this time off using non-vacation, paid time within the regular allocation of time worked.) 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. The six (6) week period of paid time, if requested by the House Officer, is to be used during the period immediately preceding and/or 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.

SECTION G: SECONDARY CARE PROVIDER LEAVE

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A House Officer who becomes a father, or who is a same-sex domestic partner of a birthing mother, or who is the secondary care provider of an adopted child, will be granted up to fourteen (14) consecutive paid days (not shifts) off at any time from the delivery or arrival of the child to three (3) months after delivery; or arrival of the child. The House Officer will have the option to use up to two (2) weeks, consecutive to this leave, of available vacation time to supplement this leave. Up to four (4) days of the fourteen (14) days may be used by the House Officer within three (3) months prior to the birth or arrival of the child.

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Upon returning from use of Secondary Care Provider leave described in Paragraph 94, the House Officer may request and be granted no scheduled overnight call and duty limited to twelve (12) consecutive hours for no more than one (1) month immediately after their return.

SECTION H: ADOPTION LEAVE

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A House Officer who adopts a child and is the primary care giver of the child shall be granted six (6) weeks off at the time of adoption. The six (6) weeks must be used in a consecutive period of time immediately before and/or after the date of adoption. Additional time off may be granted as vacation time, or a non-paid Child Care Leave of Absence.