3.1.49 COVID-19 Related Leave of Absence

The University recognizes the unique challenges presented by the novel Coronavirus (COVID-19) and the impact it has on the ability of faculty and staff to return to campus. In response, the University has developed the COVID-19 Related Leave of Absence to address those situations when an employee may wish to postpone their return but the basis for that postponement does not qualify the employee for a leave under the Family Medical Leave Act (FMLA). 

Eligibility

This additional leave of absence option, is available until the State of Illinois is no longer under a Gubernatorial Disaster Proclamation due to COVID-19 for the following employment types: 

• Tenure track faculty
• NTT faculty
• Graduate Assistants 
• Faculty associates, continuous and non-continuous 
• Administrative Professional employees, continuous and non-continuous 
• Civil Service employees (does not include temporary, student, or extra help appointments)

Employees are not automatically eligible for a COVID-19 Related Leave of Absence. To be eligible for a COVID-19 Related Leave of Absence, the employee's department must have determined that remote work is not available, and the employee must: 

Have documentation from a medical professional consistent with guidelines established by the CDC that returning to work on campus between June 2020 and June 30, 2022 is not recommended because:

1. The employee is included in the group identified at higher risk for severe illness if exposed to COVID-19; or
2. A member of the employee's household is included in the group identified at higher risk for severe illness if exposed to COVID-19; or
3. Someone for whom the employee is responsible for care is included in the group identified at higher risk for severe illness if exposed to COVID-19;

or

4. The employee is unavailable for work on campus because the employee is caring for:
   1. The employee's child under the age of 18, 
   2. A child under the age of 18 for whom the employee has legal guardianship, 
   3. A child who has been placed with the employee for foster care, or 
   4. The employee's child who is over the age of 18 but requires assistance with activities of daily living as defined by the Americans with Disabilities Act
   due to closure of the child's school or place of care, change in school schedule and/or method of instruction, or if the childcare provider is unavailable for COVID-19 reasons;

or

5. The employee is unavailable for work on campus because the employee is:
   1. Subject to a Federal, State, or local quarantine or isolation order related to COVID-19,
   2. Has been advised by a health care provider to self-quarantine due to concerns related to COVID-19,
   3. Is experiencing symptoms of COVID-19 and is seeking a medical diagnosis, OR
   4. Is caring for an individual who is either:
      • Subject to a Federal, State, or local quarantine or isolation order related to COVID-19, or
      • Has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.
   5. Is obtaining an immunization related to COVID-19. 
   6. Is recovering from an injury, disability, illness, or condition related to the COVID-19 immunization. 
   7. Is seeking or awaiting the results of a COVID-19 test or diagnosis because either the employee has been exposed to COVID-19 or the employer has requested such test or diagnosis. 

Leave Increment and Requirements

Leave Requested for Reasons #1 through #3

Given the nature of a COVID-19 Related Leave of Absence for Reasons #1 through #3, such leaves will be permitted only on a continuous or continuous reduced schedule basis.  An employee using leave for these reasons will not be permitted to work intermittently during the approved leave of absence time period.

Any staff member seeking a remote work agreement to offset the need for leave related to reasons #1 through #3 under this policy must comply with and follow the terms of Policy 3.1.31. 

Leave Requested for Reason #4

COVID-19 related Leaves of Absence requested for Reason #4 will be allowed on a continuous, continuous reduced schedule, or intermittent basis.  Employees requesting leave to work an intermittent or continuous reduced schedule must receive supervisor agreement and Human Resources approval for the proposed schedule. 

LEAVE REQUESTED FOR REASON #5

Given the nature of a COVID-19 Related Leave of Absence for Reason #5, such leaves will be permitted only on a continuous basis.  An employee using leave for this reason will not be permitted to work intermittently during the approved leave of absence time period.

Payable Time Usage and Benefit Implications

Employees will be required to use any available benefit time during this leave of absence. Payable benefit time includes sick (including sick leave earned prior to 12/31/97), vacation, personal days (faculty associates only), and compensatory time. 

Employees approved for a COVID-19 Related Leave of Absence, regardless of the reason, will also be granted temporary access to the Extended Illness benefit which is normally reserved for an employee's own serious health condition or Parental Leave. 

During the time that the employee remains in a paid status with Illinois State University, the employee will continue to accrue sick, and, if applicable, vacation time as well as have normal payroll deductions for insurance and other benefits. 

If the employee does not accrue benefit time or if the COVID-19 Related Leave of Absence continues beyond the exhaustion of all available benefit time, the employee will be automatically moved to an unpaid leave of absence and benefit accruals will cease. Concurrently, if the employee is enrolled in the State of Illinois Group Insurance Program, the employee will be placed on a Personal Leave with the State of Illinois Group Insurance Division and will be direct billed by the State of Illinois for insurance premiums.  As required by CMS, the employee is ineligible for the State-contribution of premium costs and will, therefore, be responsible for the entire cost of any insurance coverage in place during the Personal Leave. Failure to submit payment to the State of Illinois for premiums may result in cancellation of coverage. 

Notification of Leave and Required Documentation 

When the need for leave is foreseeable, employees should notify Human Resources of the request for leave at least 15 days prior to the proposed start date of leave. 

Employees will be held to the begin and end dates indicated on the leave application form. A request to begin or end a leave on a date other than the original date may be subject to the availability of suitable work based on the department's need at the time of the request. 

Employees requesting a leave must complete the application form found on the Human Resources website and send it to hrbenefits@ilstu.edu or return the form to Human Resources at 101 Nelson Smith Building, Campus Box 1300. 

Required documentation, as described below, must be provided to Human Resources within 15 calendar days, absent extenuating circumstances, from the proposed start date of leave. 

Documentation for leaves requested for reasons #1 through #3

Employee must provide written documentation from a medical provider substantiating the need for the leave of absence. 

Documentation for leave requested for reason #4

Employee must provide the name and age of the child (or children) to be cared for, the name of the school that has closed, altered its normal schedule, or changed its method of instruction or the place of care that is unavailable, and a representation that the employee's presence is necessary to provide care for the child (or children) during the period for which the employee is receiving a COVID-19 Related Leave of Absence.  With respect to the need to provide care for a child older than fourteen during daylight hours, a statement in support of the need for care will be required. 

DOCUMENTATION FOR LEAVE REQUESTED FOR REASON #5

Suitable documentation must be provided in order to support the need for leave.

If an employee is found to have falsified the need for leave, the employee may be denied the leave and/or may be subject to disciplinary action up to and including termination. 

Your Rights/Appeal

If you have been denied leave and choose to appeal, please forward your written appeal to the Associate Vice President of Human Resources at 101 Nelson Smith Building, Campus Box 1300 or via email to covid19_hrquestions@ilstu.edu within 15 days from the date of your denial.