This section outlines general information concerning leave time. Specific questions regarding leave should be directed to the resident's Program Director. Each Program Director is responsible for maintaining accurate records of the amount of leave time used by their residents.
4.01 Paid Vacation/Holiday Leave
Emory University School of Medicine provides three weeks of paid vacation/holiday leave during an annual academic contract period to each resident receiving a stipend in the Graduate Medical Education Program. The three-week period equals to 21 calendar days if the program operates on a 7-day work schedule, or 15 work days if the program operates on a Monday-Friday schedule; the leave period is the same for either type of program. This policy does not apply to residents whose stipends are paid by non-Emory funding sources (those on “WOC” contracts). More restrictive Board requirements may contradict University permitted leave. Emory University School of Medicine is not obligated to add additional resident training time if leave times prevent the resident from meeting Board-specified length of training minimums. A resident's unused vacation/holiday leave during one annual contract period does not transfer to the following appointment year nor will they be paid out upon the end of their contract. A resident shall not be compensated for unused vacation/holiday leave if the resident voluntarily or involuntarily leaves the program either during a contract period or at the end of the contract period. Residents must follow the policies of their training program in requesting and scheduling vacation/holiday leave. Failure to follow departmental policies may result in the request being rejected. In general, each resident must submit a leave request in writing to his/her Program Director with as much advanced notice as possible for planning purposes. Program Directors, or their designees, have the final authority to approve vacation/holiday leave time requests.
4.02 Paid Sick Days
The School of Medicine provides paid sick days to residents who are enrolled in training programs and who receive an Emory stipend. This paid sick time is intended for residents who are unable to complete their duties for typically a week or less due to health-related issues, but who do not require a medical leave. Most programs have specific times by which residents are required to notify the Program Director or Chief Resident of a sick day absence or tardiness. It is the responsibility of each resident to know and understand their program's notification procedures.
Full time residents have twelve (12) calendar paid sick days during the annual academic contract period. The paid sick day entitlement of residents participating in the program on less than a full-time schedule is determined on a pro-rated basis. Unused paid sick days for a resident in a particular training year do not transfer to the resident's appointment for any additional training year(s) nor will they be paid out upon the end of their contract. Residents shall not be compensated for unused sick day balances upon voluntary or involuntary removal from the program, either during a contract period or at the end of the contract period. It is the responsibility of the resident to follow the policies of their department in using sick days. The resident will be expected to provide evidence of the need to utilize each paid sick day, as required by his/her Program Director.
4.03 Bereavement Leave
Paid bereavement leave is provided to residents to attend funeral services for relatives or close personal friends. A resident's Program Director may approve up to five (5) days of paid bereavement leave per occurrence. A resident should notify their Program Director as soon as possible of the need for bereavement leave so that appropriate scheduling may occur. During individual departmental orientation, each resident will be informed of any other departmental requirements in completing the bereavement leave request.
4.04 Paid Medical Leave – Updated and effective 7/1/2022
Paid Medical Leave is to be used by residents who are unable to complete their residency responsibilities for a prolonged period of time due to a qualifying serious health condition. This leave is to be used in conjunction with the Family and Medical Leave Act (FMLA Leave, sub-section 4.05). When a resident qualifies for FMLA leave, the medical leave provisions described in this sub-section are used concurrently with the FMLA leave, so that approved time away from the residency training program is concurrently credited against a resident’s maximum amount of medical leave and FMLA leave entitlement.
In the event of a qualifying serious health condition that results in the resident being unable to perform the essential functions of the residency, an eligible resident may receive up to three weeks (21 calendar days) of paid medical leave. Upon the expiration of the paid three-week medical leave entitlement, qualifying residents who continue to be unable to perform the essential functions of the residency due to the qualifying health condition may choose to extend the paid medical leave to a maximum of six weeks by using up to 1 week of accrued and unused paid sick time (7 calendar days) plus up to 2 weeks of accrued and unused vacation time (14 calendar days). If the resident has exhausted their paid sick and vacation time prior to the start of the Medical Leave period, the resident may still extend their leave up to six weeks by substituting a period of Caregiver leave in place of sick and vacation days. If leave time taken results in a resident not achieving specialty board requirements for length of residency, the resident may be required to extend training beyond the anticipated completion date (see Section 4.09). Any continued necessary medical leave after the initial three-week period and until twelve weeks after the commencement of the leave will be unpaid once accrued sick leave and paid vacation leave days are expired. If the resident continues to need time away from the residency after the expiration of twelve weeks, such leave may be subject to continuation pursuant to the unpaid personal leave of absence policy described in Section 4.06 below. Section 4.10 describes policy on Reinstatement After Leave.
A medical leave request must be approved through the Emory Housestaff Leave Request process. All forms are available in PeopleSoft Self Service (Self Service / Time and Leave / FMLA and Medical Leave).
1) Leave Request Form: To be eligible for paid medical leave, a resident must complete the Leave Request Form as soon as practical prior to the start of the leave period (unless not possible to provide such documentation until after the need for leave occurred, in which case the form must be completed as soon as practical thereafter).
2) Medical Leave Certification form: To be eligible for paid medical leave, a resident must have their healthcare provider complete the Medical Leave Certification form.
3) Return to Work form: Any resident on a paid medical leave must have their healthcare provider complete the Return to Work certification and resolve resulting return-to-work questions prior to Emory’s clearing the resident to safely return to work and residency training.
4.04.1 Paid Caregiver Leave – Updated and effective 7/1/2022
Paid Caregiver Leave is to be used by residents who are unable to complete their residency responsibilities for a prolonged period of time because they are caring for a family member with a serious health condition. This leave is to be used in conjunction with the Family and Medical Leave Act (FMLA Leave, sub-section 4.05) to the extent that the resident also qualifies for Family and Medical Leave Act leave. When a resident qualifies for FMLA leave, the Caregiver Leave provisions described in this sub-section are used concurrently with the FMLA leave, so that approved time away from the residency training program is concurrently credited against a resident’s maximum amount of caregiver leave and FMLA leave entitlement.
To qualify for Caregiver Leave pursuant to this section, the resident’s family member in need of qualifying care must be the resident’s spouse, child, or parent. A qualifying resident may utilize up to 6 cumulative weeks of paid caregiver leave described in this section throughout the duration of the resident’s training years regardless of whether such training lasts one year or longer. Caregiver Leave is intended for use when care is medically required for a prolonged period of time. If less than three consecutive days are required, vacation days should be used instead.
The maximum amount of 6 cumulative weeks of paid caregiver leave is determined as follows. Each eligible resident/fellow needing time away from residency duties to care for a qualifying family member with a serious health condition may receive up to three weeks (21 calendar days) paid caregiver leave. Once a resident exhausts these three weeks of paid caregiver leave, the resident may choose to extend the paid caregiver leave to a maximum of six weeks by using up to 1 week of accrued and unused sick time (7 calendar days) plus up to 2 weeks of accrued and unused vacation time (14 calendar days) in the academic year that the leave was initiated. If the resident has exhausted their paid sick and vacation time prior to the start of the Caregiver Leave period, the resident may still extend their leave up to six weeks by substituting a period of Medical leave in place of sick and vacation days. If leave time taken results in a resident not achieving specialty board requirements for length of residency, the resident may be required to extend training beyond the anticipated completion date. Any continued necessary caregiver leave after the initial paid three-week period and until twelve weeks after the commencement of the leave will be unpaid once accrued sick leave and paid vacation leave days in the academic year that the leave was initiated, are expired. If the resident continues to need time away from the residency after the expiration of twelve weeks, such leave may be subject to continuation pursuant to the unpaid personal leave of absence policy described in Section 4.06 below
A caregiver leave request must be approved through the Emory Housestaff Leave Request process. All forms are available in PeopleSoft Self Service (Self Service / FMLA and Medical Leave).
1) Leave Request Form: To be eligible for paid caregiver leave, a resident must complete the Leave Request Form as soon as practical prior to the start of the leave period (unless not possible to provide such documentation until after the need for leave occurred, in which case the form must be completed as soon as practical thereafter).
2) Family Medical Certification form: To be eligible for paid caregiver leave, a resident must have their family member’s healthcare provider complete the Family Medical Certification form.
A FMLA qualifying resident must apply for FMLA leave when seeking paid caregiver leave described in this sub-section.
4.04.2 Parental Leave - Applies to birth/adoption on or after 7/1/2022
Emory University School of Medicine provides six weeks (42 calendar days) of paid parental leave to residents who are enrolled in training programs and who receive an Emory stipend for the birth or adoption of a child. The policy applies to births and adoptions that occur on or after July 1, 2022. Parental leave is available per occurrence (birth or adoption). If both parents are eligible residents, each parent is eligible for parental leave. Birth mothers are eligible in addition for Paid Medical Leave as described in sub-section 4.04 of this policy and must applying for both leaves at the same time if both are needed. Thus the birth parent may get up to nine weeks paid leave between parental leave and medical leave. Any parental leave, including but not limited to the parental and medical leave of a birth mother, runs concurrently with any FMLA leave (sub-section 4.05) so that approved time away from the residency training program is concurrently credited against a resident’s maximum amount of FMLA leave entitlement. Any resident seeking parental leave must also simultaneously apply for FMLA leaves. Available sick days may not be used to extend the parental leave period beyond 6 weeks, but remain available after the leave is completed for unrelated illness needs. Caregiver leave may not be used in combination with parental leave or for one leave to occur immediately after the other, and instead, any such leaves would run concurrently. Note that the provision of paid leave does not mean that academic requirements are relaxed and time may need to be added to the end of training.
Paid parental leave may be taken at any time within the first 12 months after the birth or adoption event. Parental leave can only be taken on or after the date of the birth or adoption. If leave time taken results in a resident not achieving specialty board requirements for length of residency, the resident may be required to extend training beyond the anticipated completion date. (see Section 4.09). Reinstatement after leave is described in Section 4.10.
A parental leave request must be approved through the Emory Housestaff Leave Request process. All forms are available in PeopleSoft Self Service (Self Service / Time and Leave / FMLA and Medical Leave).
- Leave Request Form: To be eligible for paid parental leave, a resident must complete the Leave Request Form as soon as practical prior to the start of the leave period (unless not possible to provide such documentation until after the need for leave occurred, in which case the form must be completed as soon as practical thereafter).
- Medical (birth mother) or Family (non-birth parent) Medical Certification form: To be eligible for paid parental leave, a resident must provide either the Medical Certification or Family Medical Certification form.
If any of the required documentation is not received in a timely manner, or the resident does not have sufficient sick and/or vacation time to cover the leave that was taken during the academic year in which the leave was initiated, the time will be considered unpaid leave.
4.05 Family and Medical Leave
Emory complies with FMLA leave to qualifying residents. Emory’s FMLA policy
Payment Provisions and Use of Paid Leave
Residents who are granted FMLA leave must use any accrued paid leave beginning with the effective date of the leave. Specifically, in conjunction with the Parental Leave and paid Medical Leave described above, FMLA leave will run concurrently with any available paid leave. During FMLA designated leave, sick leave must be used before vacation leave for eligible reasons, but parental leave can be used at any time, regardless of whether sick or vacation leave will also be used during the FMLA period. Upon exhaustion of any applicable paid leave, the remainder of any FMLA leave during the academic year will be unpaid. The combination of paid and unpaid leave may not exceed twelve (12) workweeks in the 12-month period.
Required Documentation from the Resident
A resident who foresees that they will need a leave for the birth and care of a newborn child or for the foster care placement or adoption of a child must notify their Program Director in writing, and submit a Leave Request through Emory’s FMLA, Medical, and Paid Parental Leave Request located in PeopleSoft Self Service (Self Service --> FMLA and Medical Leave) and provide a completed healthcare provider's medical certification not less than thirty (30) calendar days in advance of the start of the leave, or generally within two (2) working days of learning of the need for leave. If not foreseeable, the resident must provide as much written notice as is practicable under the circumstances. A certification from a healthcare provider is required for leave requests related to the birth and care of a newborn child. Appropriate supporting court documents are required for leave requests related to the foster care placement or adoption of a child.
A resident who foresees that they will need a leave due to their planned medical treatment or to care for their spouse, child or parent with a serious health condition must notify their Program Director in writing as early as possible. Such notice should be at least thirty (30) calendar days in advance of the start of leave, unless impracticable, in which case the resident must provide written notice, as early as circumstances permit, generally within two (2) working days of learning of the need for leave. Residents are required to submit a Leave Request through Emory’s FMLA, Medical, and Paid Parental Leave Request located in PeopleSoft Self Service (Self Service / Time and Leave / FMLA and Medical Leave) and a completed certification of the necessity of the leave from a health care provider. Preliminary designation of FMLA leave may be made pending receipt of this certification.
Subject to the limitation and certifications allowed by the FMLA, leaves taken to care for a spouse, child, parent/parent-in-law or for the resident's own illness, may be taken on an intermittent or reduced leave schedule when medically necessary, provided a health care provider certifies the expected duration and schedule of such leave. The resident may be required to transfer temporarily to an available alternative position for which the resident is qualified but has equivalent pay and benefits and better accommodates recurring periods of leave than the resident's regular position.
A resident must inform their Program Director every thirty (30) days regarding their status and intent to return to the training program upon conclusion of the leave.
Emory may, at its own expense, require second and third opinions, as specified by the FMLA, should there be reason to doubt the validity of the health care provider's statement of certification for leaves taken to care for a spouse, child, parent, or for the resident's illness.
Benefits
Emory will continue to provide its premium contributions and benefits throughout the approved leave, whether such leave is paid or unpaid. While on paid leave, the resident's contributions (if any) will be deducted from their stipend check. A resident on unpaid FMLA leave is responsible to pay for their share of the benefits premiums for health, dental, FSA, and other benefits plans while on unpaid leave, on or before the date specified by Human Resources. If the resident wishes to cancel coverage while on unpaid leave, they must inform HR Benefits at hrbenef@emory.edu prior to the start of the unpaid leave. If a resident does not pay the required premium contributions, coverage will be canceled. However, the resident will be given fifteen (15) days’ notice before coverage is canceled. If the resident returns to the program work in an eligible status, the resident has thirty-one (31) days from that date to reinstate coverage. When a resident returns from unpaid FMLA leave and has neither cancelled their premium coverages nor paid the required contributions for the continued coverage, Emory may elect to recover the resident's share of contributions paid by Emory for maintaining coverage(s) for the resident while on unpaid leave.
4.06 Unpaid Personal Leave of Absence
A leave of absence without compensation is intended for those residents who need an extended period of time away from their training program but have no vacation/holiday leave balance and do not qualify for or have exhausted their sick days, Medical Leave, Parental Leave, Caregiver Leave, and FMLA leave balances. An unpaid personal leave of absence must be requested and may be granted by the Program Director in consultation with the GME office for compelling personal reasons. The resident must submit a Leave Request through Emory’s FMLA, Medical, and Paid Parental Leave Request located in PeopleSoft Self Service (Self Service / Time and Leave / FMLA and Medical Leave). This portal is used for tracking purposes only. The duration of the unpaid personal leave of absence is limited to the time approved by the Program Director, but in no event may be longer than 120 days.
During an unpaid personal leave of absence, health care coverage, dental, and life insurance shall be continued only if full payment for this coverage is made by the resident each month while on the personal leave. It is the sole responsibility of the resident to ensure that premium payments are made on a timely basis. Coverage arrangements must be made with the Benefits Department of Emory University's Human Resources Division, which may be reached at 404.727.7613.
4.06.1 Unpaid Training Gap Period
Emory will continue to provide its premium contributions and benefits during a short training gap between completing an Emory residency and starting an Emory fellowship. In this case, the resident will be placed on temporary unpaid leave and is responsible to pay for their share of health, dental, FSA, and other benefits premiums while on unpaid leave. If the resident wishes to cancel coverage during the training gap, they must inform HR Benefits at hrbenef@emory.edu prior to the start of the unpaid training gap.
4.07 Leave for Jury/Witness Duty
Paid Jury/Witness duty leave is provided to residents who are subpoenaed to serve on a jury or as a witness in a litigation proceeding. Each resident must notify his/her Program Director of jury/witness duty by submitting a copy of the subpoena as soon as possible upon receiving it. Jury/witness fees received by the resident for jury/witness duty may be retained by the resident. Time served on jury/witness duty will not count against the resident's paid vacation/holiday leave entitlement.
4.08 Leave for Military Duty
In accordance with the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA) and Georgia law, Emory provides military leave to its employees. USERRA provides guidelines for employees who elect military leave and for the prompt re-employment of employees who leave to perform military training or service and who have completed their service under honorable conditions.
Learn more about Emory's policy for Military Leave
4.09 Effect of Leave of Absence on Board Eligibility
Board requirements for a residency may include minimums of training time and competency level for completion of training. When a resident takes a prolonged leave of absence, a program may not be able to certify that the resident has met these requirements. Approval of a personal leave of absence during a training year DOES NOT automatically result in an extension of the resident’s training period, and does not require Emory or the residency program to provide another training contract for the resident to meet these minimum requirements. The resident’s Program Director determines if and how much additional residency training time is required to complete training. Emory University School of Medicine is not obliged to provide the requisite extra training time to a resident.
Boards vary in their requirements regarding board eligibility and certification. Residents are strongly advised to inform themselves of the relevant information from their certifying board.
4.10 Reinstatement after Leave
A resident who obtains a Family and Medical Leave of Absence will be reinstated to the same or equivalent position upon the resident’s return that is within the resident’s employment/training contract, except where there has been a reduction in the number of positions during the leave period due to lack of funding, or a reduction of, or reorganization in, the clinical service during that contractual period. Any reinstatement in a subsequent academic year will occur in the event of an employment/training contract for that subsequent training year.
4.11 Holiday Schedules
Each GME resident follows the holiday schedule of the training site where the resident currently rotates at that time.