403 Disability Leave
Xref: PPP 400
A disability leave is an unpaid leave of absence granted to eligible employees for non-job-related illness or injury, or for disability related to pregnancy and childbirth. Absences due to a work-related disability are covered by Workers' Compensation policies and procedures and FMLA. For a prolonged period of disability the staff member may be eligible for long-term disability benefits. Absences due to disability are granted under Yale policies and procedures and FMLA, if eligible.
Pregnancy and Childbirth Disability: The normal period of pregnancy and childbirth disability is considered to be eight weeks: two weeks before delivery and six weeks afterwards. For disability leaves of longer duration, the Certification of Employee's Serious Health Condition form is required.
Disability for Non-Job-Related Illness or Injury: A disability leave for non-job-related illness or injury shall not extend beyond 52 weeks including any continuous related absences taken immediately prior to the leave. Leave time is continuous when an employee returns to work and then goes back out on leave for the same injury or illness if:
- the return to work is 30 days or less –OR-
- the return to work is less than benefit level hours (less than 20 hours per week)
The Certification of Employee's Serious Health Condition form is required prior to the granting of a disability leave. The length of the leave granted will depend upon physicians' statements as to the employee's condition.
An employee may choose to be paid through use of accrued paid time off available at the start of the leave.
The University will continue to pay its share of health and non-contributory life insurance premium costs for employees during the disability leave. Employees entering upon an approved leave of absence, any portion of which is unpaid, are required to make arrangements with the Employee Service Center to ensure continuation of the employee's payments for benefits or services.
Further, an employee on disability leave of absence:
- accrues PTO/vacation and sick days for immediate use while in a paid status during their leave. Employees who are unpaid during the leave accrue PTO/vacation and sick days for use after return to a regular position scheduled at 20 hours or more per week; at least 30 calendar days must elapse after return before such time can be used.
- is eligible for pay for holidays or recess days that occur within the paid portion of the leave.
- is not eligible for tuition assistance.
- may be eligible for Short Term Disability (see Section 305).
The returning employee must confirm his or her intention to return by informing the department supervisor at least two weeks prior to the end of the leave. If the employee needs to extend the leave past the original end date, new Leave of Absence Application and Certification of Serious Health Condition forms (if applicable) are required.
Upon return from a disability leave for non-job-related illness or injury, the University may require medical certification or an examination by the Employee Health Department of Yale Health to be certain that the employee's health permits safe return to work. If the employee returns to work on a less than full schedule, with any physical restrictions, or earlier than the original leave end date, a physician's certification is required.
An employee who accepts employment elsewhere, except as approved by the University in advance of the leave, applies for Unemployment Compensation in Connecticut or any other state, or fails to return to work on the date agreed upon, is considered to have voluntarily resigned.