Responsible Office – Department:
Effective Date of Policy:
May 25, 2021
In the event of an injury, illness, or medical condition that prevents an employee from working for an extended period of time, the employee will be entitled to paid medical leave as follows:
Workers’ Compensation. If the period of absence is caused by an illness or injury arising out of the employee’s employment with the university, a full-time or part-time employee will be eligible for compensation benefits as established by the New York Workers’ Compensation Law. Workers’ compensation also provides for the payment of medical expenses and payments to the employee’s dependents in the event of death.
Statutory workers’ compensation benefits are generally less than the employee’s regular compensation, however, certain full-time employees may be eligible for salary continuation as described below.
Prior to seeking treatment for non-emergency, on-the-job injury, employees must contact the Employee Engagement Office and complete an Injury/Accident Report.
Additional information regarding accident prevention, reporting, and other safety-related aspects can be referenced through the Safety Section of the Employee Engagement website.
Medical records are maintained for each employee with occupational exposure in accordance with 29 CFR 1910.1020, “Access to Employee Exposure and Medical Records.” As such, all exposure incidents must be reported and recorded.
The Employment Engagement Office is responsible for maintenance of the required medical records. These confidential records are kept in the Employment Engagement Office for at least the duration of employment plus thirty years. Student medical records are kept in the CHIP Center in Wick.
Employee medical records are provided upon request of the employee or to anyone having written consent of the employee within fifteen working days. Such requests should be sent to the Employee Engagement Director.
Disability Compensation. Similarly, any employee who is disabled and absent from work for a continuous period in excess of five (5) days for a non-work-related illness or injury will be eligible to receive disability benefits as required by New York State Law. In addition, certain full-time employees may be eligible to receive salary continuation as described below.
Salary Continuation. Regular full-time employees who have completed at least six (6) months of continuous employment at the time the illness or injury occurs will be entitled to receive their regular compensation for the period of absence up to 90 days. Salary continuation benefits are limited to a maximum of 90 days in any twelve (12) month period.
Long-Term Disability. If the medical leave exceeds three (3) months of continuous absence, regular full-time employees who have completed three (3) months of continuous service are eligible to apply for benefits under the university’s Long-Term Disability Plan (LTD). This plan provides an eligible employee with supplemental benefits over the employee’s worker’s compensation or disability benefits up to two-thirds (2/3) of the employee’s regular monthly compensation with a maximum of $8,000.00 per month. LTD benefits may continue for the length of the disability, or age 67, whichever is first. Contact the Employee Engagement Office for specific details of the LTD plan.
Applying for Medical Leave. If you expect to be absent for more than five consecutive workdays as a result of an illness or disability, you must apply for short-term disability or workers’ compensation benefits as far in advance of your anticipated leave date as is practicable.
In order to qualify for medical leave benefits, you must apply for and be granted a formal medical leave of absence through the Employee Engagement Office and provide the university with a statement from your physician verifying the disability and your expected date of return. Medical Leave of Absence Applications are available on the Employee Engagement Website. Medical leave of absence applications must be signed and approved by your supervisor and the Employee Engagement Office. You will be notified of your approval in writing by the Employee Engagement Office.
If your absence is due to an emergency, you or a member of your immediate family must inform your supervisor and the Employee Engagement Office as soon as practicable. The employee must complete a medical leave of absence form, as well as an application for short-term disability or workers’ compensation benefit as applicable.
In addition, Daemen University reserves the right to require that you be examined by a university-designated physician, any time at its discretion. In order to be eligible for continued benefits under this policy, you will be required to provide updated physician’s statements as requested, as frequently as every 30 days, attesting to your continued disability and inability to work.
No benefits are payable under this program if your illness or injury is connected to work you do for another employer.
Before being permitted to return from medical leave, you are required to present Daemen university with a note from your physician indicating that you are capable of returning to work and performing the essential functions of your position, with or without reasonable accommodation. (Note: the university will make a reasonable accommodation to your disability in accordance with applicable laws where required.)
Benefits While on Medical Leave.
All university benefits that operate on an accrual basis (e.g., vacation and paid sick/personal days) continue to accrue while on salary continuation and family medical leave under the Family and Medical Leave Act (FMLA).
Staff are eligible to continue benefit coverage for the duration of their approved FMLA leave, up to a maximum of 12 weeks. Please refer to the FMLA policy for additional information.
Reinstatement to an employee’s former position cannot be guaranteed to any staff or administrative employee returning from medical leave after three (3) months.
Staff on a medical leave of absence are responsible for the employee portion of their medical premiums for all university group health benefit plans for which they are enrolled. While on salary continuation, the health benefit premiums will continue to be deducted from the employee’s paycheck.
For medical leaves that are not covered under the salary continuation program or have extended beyond the 12 week benefit, monthly payment arrangements of the employee portion of health benefit premiums must be made with the Employee Engagement Office. Late payments beyond 21 days will result in termination of coverage. Thereafter COBRA benefits will apply. Please see the COBRA policy for more information.
Faculty on a medical leave of absence are responsible for the employee portion of their medical premiums for all university group health benefit plans for which they are enrolled. While on salary continuation, the health benefit premiums will continue to be deducted from the employee’s paycheck. Thereafter, arrangement for the employee portion of the monthly premium payment must be made with the Office of Employee Engagement. Non-payment of premiums will result in cancellation of coverage.
Faculty are eligible to continue group benefit coverage beyond the 12 week FMLA period for the duration of their medical leave in accordance with the schedule below; thereafter, continuation of benefit coverage will apply through COBRA:
If medical leave commences:
Before 1 year of service: university group health benefits will continue during the first six (6) months of leave;
After 1 year of service: university group health benefits continue for a total of twelve (12) months;
After 5 years of service: university group health benefits continue for a total of eighteen (18) months;
After 10 years of service: university group health benefits continue for twenty-four (24) months.
A non-tenured faculty member will be reinstated to the employee’s former position if the absence does not exceed twelve (12) months. Tenured faculty members will be able to return to their former position if the absence does not exceed twenty-four (24) months. If the absence exceeds twenty-four (24) months, reinstatement will occur only with the approval of the Board of Trustees.