Major Medical Leave with Pay

POLICY STATEMENT

DSU employees earn and may utilize earned major medical leave in accordance with the established procedures.

DEFINITIONS

Employee: This generally includes faculty and staff employees who are working on paid appointments by the University. It generally excludes students or temporary employees. For specific information on who is considered an employee, contact the Human Resources Department. 

Supervisor: An employee designated by management who exercises major supervisory functions over another employee or employees. These functions include hiring, evaluating, assigning work, and disciplining employees.

Immediate Family: The immediate family is defined as spouse, parent, step-parent, sibling, child, step-child, grandchild, grandparent, son- or daughter-in-law, mother- or father-in-law, or brother- or sister-in-law. Child means a biological, adopted or foster child, or a child for whom the employee stands or stood in loco parentis.

PROCEDURES and RESPONSIBILITIES

General

Major medical leave is earned by all regular full-time employees, except student employees and retirees hired on an emergency basis, after one month of continuous service, according to employment status and length of annual employment periods. Major medical leave may be used for the illness or injury of the employee or a member of the employee’s immediate family.

It shall be the responsibility of the department or office head to maintain and certify major medical leave records and to administer the leave in accordance with policy. It is the responsibility of department or office heads to inform those working under them concerning policies on leave. An employee who has been terminated and later is re-employed by the institution will begin a new period of employment for leave purposes. The rules of major medical leave apply to all employees, except student workers. 

Employees who work less than 40 hours per week shall accrue credit for leave on a pro-rata basis. 

Employees, except nine-month faculty and student workers, are allowed credit for major medical leave computed on the basis of continuous service at the following monthly and annual rates:

Faculty members employed on a nine-month contract shall accrue credit for major medical leave as follows: 

1. Major medical leave may be used for the illness or injury of an employee, or member of the employee’s immediate family, only after the employee has used one day of personal leave for each absence due to illness, or leave without pay if the employee has no accrued personal leave. Provided, however, the major medical leave may be used, without prior use of personal leave, to cover regularly scheduled visits to a doctor’s office or a hospital for the continuing treatment of chronic disease, as certified in advance by a medical doctor. Nine-month faculty members may use major medical leave for the first day of absence due to illness.
    
2. For each absence due to illness of 32 consecutive working hours (combined personal leave and major medical leave) major medical leave shall be authorized only when certified by a medical doctor. (See Family Medical Leave Act)
    
3. In the event of death in the immediate family as defined under personal leave, an employee may use up to three days of earned major medical leave in any calendar year when required to be absent from duty because of the death. Personal leave may be used for absences due to a death in the immediate family or for additional days needed after three days of major medical leave have been used during a calendar year.
    
4. There is no limit to the accumulation of earned major medical leave.
    
5. Employees may not be granted major medical leave with pay in an amount greater than earned and accumulated.
    
6. Unused major medical leave shall be counted as creditable service for purposes of the retirement system.
    
7. No payment will be made for accrued major medical leave except that employees who present medical evidence that their physical condition is such that they can no longer work in a capacity with the institution may be paid for not more than 120 days of earned major medical leave.
    
8. A nine-month faculty member, upon retirement from active employment shall be paid for not more than thirty (30) days of unused major medical leave for service as a state employee. Unused major medical leave in excess of thirty (30) days shall be counted as creditable service for the purposes of retirement.
    
9. Advance major medical leave is not permitted, except that major medical leave may be granted during the month it is earned. When major medical credits are inadequate to cover absences caused by the employee’s illness, the time lost is charged to personal leave, if any, then leave without pay.
    
10. Use of major medical leave on false claim of illness, injury, or other reason, falsification of proof to justify such sick leave may be cause for dismissal.
     
11. Employees must notify the supervisor immediately of the reason for absence and must keep the supervisor informed of their condition.
     
12. Employees, who have compensatory time leave balances, will be required to use comp time before taking major medical leave time.
     
13. Employees, who have separated from University employment for month than eight hours and are later reemployed will begin a new period of employment and will accrue major medical leave according to accrual rates for one month to three years of service. Employees, who have separated from University employment for eight hours or less and are later reemployed, will accrue major medical leave based on previous continuous service.

RELATED DOCUMENTS

• Board of Trustees Policies and Bylaws, Miss. Code Ann., Sec. 25-3-95