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Resident Absences and Leaves (43.1)

Resident Absences and Leaves (43.1) - Policies, Administrative, UWHC, Department Specific, Graduate Medical Education (GME)

43.1





Effective Date:
2/16/2011



Other Graduate Medical Education Manual

Policy #: 43.1


Original
 Revision

Page 1
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Title: Resident Absences and Leaves


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Resident Absences and Leave
UW Hospital and Clinics
Version: proposed additions
Effective Date: 07/01/2013
Manual: Graduate Medical Education

I. PURPOSE
This policy provides procedural guidelines for the application and approval of leaves of absence for GME Trainees.
This policy ensures timely processing of written leave of absence requests and uniform application and compliance
with provisions of the following:
A. A Federal Family and Medical Leave Act (FMLA) of 1993
B. Wisconsin Family and Medical Leave Act (WFMLA) of 1987
C. Administrative Rules, WI Department of Employment Relations (DER)
D. The current University of Wisconsin Hospital and Clinics Appointment Information for Residents and Fellows
in Graduate Medical Education Programs
This policy applies to all leave from work, paid or unpaid.

II. PERSONS AFFECTED GME Trainees.

III. DEFINITIONS
A. Resident is intended to include all residents and fellows in ACGME accredited training programs.
B. Program(s) will refer to ACGME-accredited program(s).

IV. POLICY
A.GME and personnel policies provide for leaves of absence from a Residency Program for various reasons.
B.The FMLA provides eligible Residents up to 12 weeks of unpaid and job protected leave each calendar year for
the birth, adoption or foster care placement of a child, the Resident’s serious health condition which prohibits the
Resident from working, or to care for the Resident's child, spouse, or parent (but not parent-in-law) who has a
serious health condition.
C.The WFMLA provides eligible Residents unpaid and job protected leave each calendar year of 6 weeks for birth
or adoption, 2 weeks for a serious health condition of the Resident and 2 weeks to care for the Resident’s child,
spouse, or parent (including parent-in-law) who has a serious health condition.
D.Leave entitlements must be coordinated with the provisions of the FMLA, WFMLA and the GME appointment
document. FMLA and WFMLA leave will run concurrently with the Residents entitlement under these other
provisions. The provision which provides the most generous option to the trainee (e.g., duration of leave, type and
amount of benefit time, etc.) must be applied. All qualifying leaves of absence will be counted against the
respective FMLA and WFMLA provisions.
E.Resident discipline for absenteeism may not be based on absences approved under the FMLA and WFMLA.
Leave extensions must be requested and approved before the scheduled return to work date. If the Resident
does not return from a leave of absence as scheduled and does not request an extension, the Program
Coordinator must contact the Resident and consult with the GME office regarding the Resident’s unauthorized
absence.
F.Leaves of absence for more than one year will only be allowed in extraordinary circumstances and require the
approval of the Residency Program Director, Director of GME, and the Designated Institutional Official.
G.The following is excerpted from the University of Wisconsin Hospital and Clinics Appointment Information for
Residents and Fellows in Graduate Medical Education Programs.

Leaves. When scheduling leave time, Residents must adhere to the requirements of UWHC, their RRC and
specialty board, and get approval from their Program Director. In some cases, the GME Office and Senior Vice
President for Medical Affairs must also give approval. Residents should be aware that any leave time taken may





Effective Date:
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Other Graduate Medical Education Manual

Policy #: 43.1


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extend the length of time required to complete their training. In some cases, space for such additional training
time may not be available at this hospital or at the time desired. All leave time must be requested and recorded
through the residency management system, MedHub. In addition the GME Leave Request form must be filled out
where indicated below.
1. Family/medical leave. State and federal FMLA/WFMLA laws mandate minimum family and medical leave
benefits.
a.Family leave. UWHC will grant one week of paid family leave for the father/partner following the birth
of a child or for either parent following adoption of a child. (See medical leave section regarding paid
medical leave after childbirth). In addition, UWHC will grant unpaid family leave (leave due to birth of a
child, adoption or a serious health condition of a spouse, parent or child, which necessitates the
Resident’s care) in compliance with state and federal laws In order to meet notice requirements, the
Resident must contact the GME Office as soon as possible after deciding that he/she intends to take
family leave. (Leave Request form required)
b.Sick leave. The Program Director may approve up to one week of paid medical sick leave per year if
needed. For any sick leave exceeding one week, the Resident and program must notify the GME Office.
c.Any sick or medical leave of more than 5 days requires being cleared to return to work through UWHC
Employee Health. (UWHC Fitness for Duty: Health Service Clearance to Return to Work/Continue Work
Policy# 9.22)
d.Medical leave. The hospital will grant unpaid medical leave in compliance with applicable state and
federal laws. In the event of a short-term disability (i.e. a temporary inability to work as a result of illness,
injury, childbirth, etc), the hospital may grant paid leave for a “usual and customary” recovery period.
Paid leave after childbirth shall be four weeks, unless the Resident has continuing medical complications
certified by her treating physician. All cases will be individually evaluated by the UWHC Director of
Employee Health or designee to determine disability, reasonable recovery period, follow-up requirements,
and will consult with the Program Director re: any necessary work-related accommodations. (Leave
Request form required)
e.The Designated Institutional Official (DIO) will determine whether some portion of the leave will be paid.
Any approved paid leave longer than 6 weeks will be paid at 75% of stipend, mirroring the long-term
disability policy. Paid medical leave will never exceed six months (at which time the hospital-provided
long term disability insurance may begin), and in some instances may not cover the entire length of
absence.
2. Personal leave. A Resident may be granted a leave of absence without pay at the discretion of the
Program Director. All unpaid leaves must be reported to the GME Office by the Resident and program.
(Leave Request form required)
3. Bereavement leave. In the event of the death of a Resident’s spouse/partner, or the child, parent,
grandparent, brother, sister, grandchild, (or spouse of any of them), of either the Resident or his/her
spouse/partner, or any other person living in the Resident’s household, the Resident is granted time off with
pay to attend the funeral and/or make arrangements necessitated by the death. However, time off with pay
cannot exceed three (3) workdays. Reasonable additional time off without pay may be granted in accordance
with religious or personal requirements and must be reported to the GME Office by the Resident and
program. (Leave Request form required if more than 3 days)
4. Military leave. Residents may take time off for military service as required by federal and state statutes.
The Resident is required to provide advance documentation verifying the assignment and pay to the GME
Office. (Leave Request form required)
a. UWHC will pay the excess of a Resident's standard wages over military base pay for military leaves of
three (3) to thirty (30) days to attend military schools and training.
b.For Residents who are recalled to active duty, UWHC will pay the difference between the Resident’s
wages and the active duty military pay for up to one year (average hospital pay over the past year minus
military pay). For the first month of recall, UWHC will pay the difference between the Resident’s base pay
and hospital pay. For the next eleven months, UWHC will pay the difference between the Resident’s total
monthly military pay (limited to base pay, Basic Allowance for Housing and Basic allowance for





Effective Date:
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Subsistence) and the Resident’s hospital pay. If the Resident’s active duty pay is more than his/her
hospital pay, UWHC will not compensate any wages.
5. Military Family Member Qualifying Exigency Leave (if eligible under the FMLA). Eligible Residents
with a covered military family member serving the National Guard or Reserves may take up to 12 weeks of
unpaid leave for a qualifying exigency arising out of the fact that the covered military member is on active duty
or is called to active duty status. (See appendix A to this policy)
6. Vacation. UWHC Residents are entitled to three (3) weeks (21 days including weekends or 15 days not
including weekends) paid vacation per year. This vacation time is to be used during the fiscal year in which it
is allotted. In exceptional circumstances, if the Resident is unable to use all allotted vacation during the
training year due to service requirements; he/she may carry over unused vacation with prior approval of the
Program Director (not to exceed one and a half weeks) to the following year. When the Resident is leaving
UWHC permanently, accrued vacation entitlement must be used prior to termination.
7. Professional meetings (Away Conference). Each Resident is entitled to a maximum of one (1) week to
attend professional meetings each year with pay. The meeting is to be approved in advance by the Program
Director and attendance documented. This meeting is in addition to vacation leave.
8. Holiday leave. When program patient care responsibilities allow, with Program Director approval, UWHC
legal holidays will be observed, and paid leave given. Residents don’t earn or use floating holidays or
furlough days. Holidays taken should never exceed the number of UWHC legal holidays. If Residents request
time off for religious holiday, in lieu of state holidays, they should be allowed comparable leave where
scheduling permits.
9. Career development leave. Each Resident is entitled to a maximum of one (1) paid week for fellowship
and other employment searches per residency program. Unpaid leave may be granted for additional time. All
time used must be approved by the Program Director. The GME Office must be notified of any unpaid time
granted. (Leave Request form required for any unpaid leave)
10. Witness leave.
a.Residents may take time off without loss of pay during regularly scheduled hours of work when
subpoenaed as a witness in a matter directly related to their work duties. However, when not called for
actual testimony, but instead on call, the Resident shall report back to work unless authorized otherwise
by his/her Program Director. Residents needing time off for witness leave must provide advance notice
to their Program Director and provide a copy of the subpoena.
b.If a Resident is subpoenaed as a witness in a matter not directly related to their work duties, the
Resident must use vacation or, if none is available, take time off without pay. The Resident and program
must report unpaid leave to the GME Office. (Leave Request form required for any unpaid leave)
11. Jury duty leave. Residents may take time off without loss of pay during regularly scheduled hours of
work for jury duty. However, when not impaneled for actual service, but instead on call, the Resident shall
report back to work unless authorized otherwise by his/her Program Director. Residents needing time off for
jury duty must provide advance notice to their Program Director and provide a copy of the jury summons.
12.Time off to vote. An Resident eligible to vote in an election who finds it impossible to vote during non-
working hours may be absent from work for up to three (3) hours without loss of pay during regularly
scheduled work hours to vote, including travel time. The supervisor can designate the time of day for the
absence. The Resident must notify his/her Program Director before Election Day of the intended absence and
must submit a written statement in advance to their Program Director explaining why they cannot vote during
non-working hours.
NOTE: All Residents are strongly urged to vote during non-working hours or by absentee ballot. Contact the
clerk of your municipality for more information.
13.Exam leave. Residents may take time off without loss of pay for up to 2 days per year to take required
licensure or certifying Board exams. Time must be scheduled ahead of time with approval of the Program
Director.
14. Accrual of leave time. No leave time described in Section IV is accrued for Residents except as
described in Section G.5. Vacation above.






Effective Date:
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Other Graduate Medical Education Manual

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V. PROCEDURES
A. Programs may determine their own procedures for the application, review, and program level approval of
Resident absences, as long as they align with these policies and procedures. Those procedures should be
communicated and accessible to all GME trainees. The leaves under the Vacation, Sick Leave and Conference
tabs are managed and approved by individual programs.
B. The leaves under the Leave of Absence tab are reviewed with final approval from the GME office after initial
program approval. They include:
1.Family Leave (unpaid)
2.Personal Medical (paid 100%)
3.Personal Medical (paid 75%)
4.Personal Leave (unpaid)
5.Bereavement (paid)
6.Military Training (paid)
7.Military Active (paid)
8.Military Family Leave (unpaid)
9.Exam (paid)
10.Career Development (paid)
11.Witness/Jury (paid)
12.Post-internship gap (unpaid)
13.Any other request (such as additional unpaid Bereavement or Career Development leave) should be
entered as Personal Leave (unpaid).
C. In order to coordinate with the payroll system, a separate request for each type of leave must be entered in
MedHub e.g. a resident is taking leave for the birth of a child. The first request would be for “Personal Medical
Leave (paid 100%)” for 4 weeks. If she wants to take more time off unpaid, the second request would be for Family
Leave (unpaid) for the additional period of time. On the second request, the boxes for unpaid leave in MedHub
would be filled in. Do not combine those requests into one request in MedHub.
D. In addition to entering the leave into MedHub the attached Leave Request form must be filled out and emailed or
faxed to the GME office before the payroll closes for the leave dates. Payroll dates for UWHC employees are in the
Resources Section of MedHub and on uconnect.. Leave Requests that are retroactive will not be approved by GME
unless there are exceptional circumstances.
E. In the case of a leave period that combines different types of leave, enter the requests in the calendar order
indicated on the Leave Request form e.g. Vacation (paid), Medical leave (paid), Family Leave (unpaid), Personal
Leave (unpaid). The 7 days of Sick Leave that may be approved by the Program Director may not be aggregated
with other Family or Medical Leave requests.
F. All leaves must be entered into MedHub using a 365 day/year convention in order to align with CMS and other
billing rules e.g. even if you don’t usually count weekend days in leaves, they must be included in MedHub. One
week of vacation equals 7 days including a weekend. This rule is not intended to give programs that allow single
days of vacation to be used to allow 21 days of Monday-Friday days to be used. There is no mechanism to request
nor approve partial days of leave in MedHub because of duty hour and CMS billing requirements and therefore
should not be granted by programs.
G.Following initial program approval of Leave of Absence Requests, the GME office will review requests. Approved
requests will drop off your pending requests list in MedHub and show up in the Resident’s list under the correct
category.
H.Requests may be rejected by the GME office for a number of reasons. GME will enter the reason and it will
appear in the email Coordinators will receive. If the request needs to be changed, the Coordinator will need to re-
enter a new corrected request. There is not option for editing. Rejected requests that have been corrected may be
deleted from the Resident’s list but no final approved requests should be deleted.

VI. MODIFICATIONS
This Policy creates no rights, contractual or otherwise. Statements of policy obtained herein are not made for the
purpose of inducing any person to become or remain an employee of UWHC, and should not be considered





Effective Date:
2/16/2011



Other Graduate Medical Education Manual

Policy #: 43.1


Original
 Revision

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"promises" or as granting "property" rights. UWHC may add to, subtract from and/or modify this Policy at any time.
Nothing contained in this Policy impairs the right of a non-represented employee or UWHC to terminate the
employment relationship at-will.

VII. REFERENCES
ACGME Institutional Requirements (www.acgme.org)
ACGME Policies and Procedures Manual (www.acgme.org)
University of Wisconsin Hospital and Clinics Appointment Information for Residents and Fellows in Graduate
Medical Education Programs
UWHC Policies on Leaves (adapted)

VIII. COORDINATION
Sr. Management Sponsor: Susan Goelzer M.D, Designated Institutional Official
Author: Director of GME and Medical Staff Administration
Review/Approval Committee: GME Leadership Team and Graduate Medical Education Oversight Committee
03/20/2013

SIGNED BY




Susan L. Goelzer, M.D., M.S.
Professor of Anesthesiology, Internal Medicine and Population Health Sciences
Senior Medical Director for GME/Designated Institutional Official
Associate Dean for Graduate Medical Education