Leave of Absence

Please note under the 2009-2012 there is new Contract language regarding leave of absences. Lenox Hill Hospital requested this be added to the Contract to codify current practice:

"An employee whose leave of absence exceeds (12) months shall be terminated." Article XIX Unpaid Leave Section 5(d).
 
Please contact the NYPNU office if you need to discuss your return to work plan, especially if you are approaching the (12) month time frame.

WHAT YOU NEED TO KNOW IF YOU ARE ON A LEAVE OF ABSENCE:

1. Leave of Absence Process
2. Inform the Union
3. Maternity Leave
4. Family & Medical Leave Act
5. Voluntary Leave of Absence

(1) Leave of Absence Process
You need to submit an Application for Leave of Absence when you are unable to work for more than 7 consecutive calendar days.

STEP 1:
a. Inform your Nurse Manager that you need an LOA
b. Most RNs should contact Monica Merchan at ext. 5402; if you are in the OR, RR, or ASC, you should contact Milada Sleiman at ext. 3138.

STEP 2:
Pick up LOA forms in the Human Resources Department at Lexington Ave. and 78th St. above the Kinko's.

STEP 3:
Contact Michelle Jimenez  at ext. 4940 or Johnnie Thompson at ext. 2826 to schedule an appointment to review the LOA process and submit forms.

STEP 4:
If your LOA extends beyond one month, you must submit updated medical documentation to Michelle Jimenez or Johnnie Thompson on a monthly basis.

STEP 5:
If you are unable to return to work on your scheduled return to work date, contact Michelle Jimenez or Johnnie Thompson no later than two weeks prior to your return to work date and submit an application for an extension of LOA.

STEP 6:
In order to return to work, you must be cleared by your physician and Occupational Health.

(2) Inform the Union.
LHH/MEETH sends NYPNU a monthly list of members, who are on leaves of absence, but the list is not entirely accurate, and we are often not informed when nurses return to work. Please call or email the Union office when you have a change in status.

(3) Maternity Leave:
Pregnant nurses will be eligible for up to nine (9) months leave or the length of physical disability, whichever is greater. Nurses exposed to radiation who desire to take a maternity leave prior to the sixth month of pregnancy will be granted maternity leave for a period of twelve (12) months or the length of the disability, whichever is greater.

A maternity leave is broken down into two categories: the disability (involuntary) portion and the non-physical disability (voluntary) portion. The length of the disability portion of the leave is determined by the specific nurse's situation and her doctor. Most disabilities are typically 8 - 12 weeks long. Many nurses want additional time off to be with their newborn and make childcare arrangements for when they're back to work. This time off is still considered maternity leave, but it is defined as the "non-physical disability" or "voluntary" portion of maternity leave.

Whatever sick leave hours the nurse has accrued shall be used while out on the disability portion of the maternity leave. Sick leave may not be used for any non-physical portion of maternity leave.

Coming back to work from a maternity leave:

You are guaranteed a job after your maternity leave. Your leave can be, as mentioned above, as long as 9 months, or in some cases, a year. The average nurse seems to take 4 - 6 months off. Your specific position on your specific unit must be reserved for you for as long as you are out on the disability portion of your leave, whether your disability happens to be nine (9) months, three (3) months or any other amount of time. When a nurse returns to work following a voluntary leave of absence, including the non-physical disability portion of a maternity leave, she will be reinstated to her former job or another position within the same classification. Keep in contact with your Nurse Manager on a routine basis (once every couple of weeks is sufficient). Specifically ask your Head Nurse if your position is going to be posted. If so, immediately contact the Union office and we'll go over your options and discuss the matter with the hospital. If your position is posted, it might mean you would have to return to work on a different unit. 

Please review the contract language surrounding maternity leave: Article XIX, section 1 & 5.

(4) The Family & Medical Leave Act:
The Family & Medical Leave Act (FMLA) is a federal law, which took effect in 1993. A whole book could be written about FMLA (and in fact, many have been). Bottom line, if you think that you might qualify for FMLA leave, call the Union. There is a lot about FMLA leave that most people don't know. You could be denied your rights if you don't consult the Union.

Here are a few of the basics:

• You are eligible for FMLA leave if you have worked at least 1,250 hours for LHH in the previous twelve months.
   
• You may take up to 12 workweeks of unpaid FMLA leave for:
  i. A serious health condition that makes you unable to perform your job;
  ii. To care for a seriously ill child, spouse, or parent (The NYPNU contract extends this provision to domestic partners.); 
  iii. For childbirth or to take care for a newborn child up to age one;
  iv. For the placement of a child with you for adoption or foster care.
• Your 12 weeks of leave may be taken all at once or at different times for different reasons.
   
• Under Department of Labor regulations, a serious health condition is an illness, injury, impairment, or physical or mental condition that involves the following:
  i. Inpatient hospital care;
  ii. An injury, illness, or other condition lasting more than three consecutive calendar days that involves continuing treatment by a health care provider;
  iii. Pregnancy;
  iv. A chronic serious health condition;
  v. A long-term or permanently disabling health condition;
  vi. A condition requiring multiple treatments to prevent a period of incapacity of more than three consecutive calendar days (i.e., physical therapy, chemotherapy, dialysis, etc.).
• If you qualify for FMLA leave, it cannot be denied-not for any reason.
   
• Absences due to serious health conditions may be protected even if they are as short as one day or part of a day. "Protected" means that you can't be disciplined for taking FMLA time. For instance, if you have a chronic back condition, or suffer from migraines or asthma, you might have to use one FMLA day in January, 3 days in April, 1 day in July and 6 days in November. If you had previously applied for an intermittent FMLA leave, the Hospital cannot count any of these FMLA days against you for the purposes of discipline.
   
• Any and all shifts that you don't work due to FMLA leave cannot be counted against you for the purposes of discipline. 
   

• As mentioned before, there is a lot to the Family & Medical Leave Act. Do not make any assumptions about it. Please call the Union to discuss your specific situation.
  
  (5) Voluntary Leave of Absence:
  Many nurses call the Union asking if it is possible to take some time off. This could be for any number of personal reasons. The contract states the following: "Leaves of absence without pay for other reasons (other than maternity, military or union business) will not be unreasonably denied by the Employer." The reality is that we are in the midst of a nursing shortage. To temporarily replace a nurse costs the Hospital a lot of money and finding a replacement is fairly difficult. Most leaves of absence other than for maternity leave or for Family & Medical Leave (explained above) are difficult to grant. However, there is no harm in trying. If you need to take a leave of absence, particularly if it's for a short period of time, consult your Nurse Manager about the possibilities. If your manager says no, ask the reasons why. See if you can work out an alternative and consult the Union.