FML, Sick Leave, Vacation
Time away from training can be complicated.
The Family Medical Leave Act is governed by the U.S. Department of Labor Wage and Hour Division. It guarantees that employees receive unpaid time off from work when medically necessary. This time may be taken intermittently. In your contract, you have Family Medical Leave, which does not require you to be an employee for 12 months prior to taking a Leave of Absence (LOA) under FMLA. You do not lose your benefits while on leave, but you will pay your contribution toward those benefits upon your return to work.
A House Officer who cannot work due to a serious illness, which is longer than 7 days, will continue to receive pay and benefits for up to 6 months (180 days). The 12 weeks of FML will be counted congruently with paid time off due to serious illness or injury. Please refer to the Serious Illness language in the CBA for more information.
Vacation days are not to be used when you are sick! 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. However, excessive absenteeism could result in a corrective action.
Vacation is a separately negotiated benefit. It is incumbent upon you to use all your vacation time within the appropriate academic calendar year. If you are going on a paid medical leave of absence, you should consider using your vacation, prior to taking leave. If you do not, the time does not carry over to the next academic year. Once on a medical leave under Serious Illness as defined by the contract, your program may refuse to allow you to use these 4 weeks. Use these weeks or lose them!
At no time does any training program determine how many sick days are allowable over the course of your appointment.