Policy of the Graduate Medical Education Committee

Section: Resident Support/Conditions for Appointment

Subject: Leave for Residents

Number: 2.200

Date Developed: 1/89 

Last Review/Revision: 2/04, 12/06, 6/09, 12/2011, 6/12

ACGME Requirement:  Institutional II D.4.h.

 
 

 

 

 

 

 

 

 

 

 


Purpose

To define the policies and procedures as well as the related responsibilities of the UAMS College of Medicine (COM), Program Directors, and the residents/fellows for physical absence from the training site that is paying that day’s stipend.

 

This policy defines paid vacation, sick, and educational leave which the scheduled payment source will honor.  The scheduled payment source is not obligated to pay stipend and benefits for any other physical absence.  When there is a physical absence in excess of, or not included in, leaves addressed in this policy there must be an alternate stipend and benefit payment source. 

 

The financial accounting for resident salary and benefits is by the day.  Every calendar day (work days, off, sick and all of the  leaves defined below) for every resident must be paid from some source, except in instances of leave without pay.  An institution (ACH,CAVHS, UAMS MC, etc) or a program are usually the funding source.

 

 

Definitions:

Sick leave is paid absence from scheduled work for reason of illness, maternity, paternity, or injury.

 

Family Medical Leave Act (FMLA):  See provisions of UAMS Administrative Guide No. 4.6.11.

 

Parental leave: Time off duty, by the mother or father, for the birth of a child or the placement of an adoption. 

 

Leave of Absence is unpaid absence from the educational activities of the residency program when no sick or vacation leave exists to cover the absence and it is leave other than FMLA-qualified leave.

 

Bereavement Leave is paid absence to attend a funeral of the resident’s immediate family.

 

Immediate Family:  father, mother, sister, brother, spouse, child, grandparents, grandchild, mother-in-law, father-in-law, or any other person acting as parent or guardian of the resident.

 

Military Leave:  absence from the residency program to fulfill obligations of the National Guard or any of the Uniformed Services of the United States as defined in 38 U.S.C. 4303.

 

Vacation Leave:  paid absence from the residency program typically used for the purpose of personal travel or recreation; however, it may also be used for personal business.

 

Professional or Educational Leave: paid time away from the training site that is paying that day’s resident stipend, for educational or professional meetings.

 

Holiday: paid time off only if resident’s scheduled assignment (clinic) is closed.

 

 

 

 

Responsibilities for Administering Policy

Resident physicians are in the unique position of having a role as students and employees.  Although brief periods of leave usually can be accommodated, time away from the residency (fellowship) program may affect not only the resident’s ability to sit for boards, but also may negatively impact the program financially and through its accreditation status.  Extending the program may not be possible due to the lack of salary funding, and/or fine imposed by the U.S. Citizenship & Immigration Service (INS).  Additionally, the program may not receive approval from the ACGME to increase the resident complement for the additional educational time.

 

 

 

It is the responsibility of the Program Director to:

1.      Keep accurate records of sick leave, vacation leave, leaves of absence, professional or educational leave and training status not only for billing purposes but also to have adequate information for Board certification;

2.      Determine whether the resident will be required to spend additional time in the program to compensate for an extended leave period and be eligible for certification for a full training year;

3.      Provide the resident with the program’s written policy concerning the effect of leave, for any reason, on satisfying the criteria for completion of the residency program. The policy will contain information on access to eligibility requirements, usually the American Board of Medical Specialties web site http://www.abms.org/Who_We_Help/Member_Boards/contactinfo.aspx.

4.      Provide resident in writing, the consequences of exceeding the amount of leave set by the ACGME and/or the Specialty Board.

5.      Notify the Assistant Dean for Housestaff Affairs to discuss the accounting of the leave, financial compensation, and record keeping requirements.

 

It is the responsibility of the resident to:

1.      Notify the Program Director as soon as possible about the need to take leave for any reason;

2.      Supply the necessary written information about the reason for any type of leave;

3.      Gain a thorough understanding of the effect the leave will have on meeting the requirements of the residency (fellowship) program and board certification.

 

I.    Sick Leave Policy

Sick leave for medical reasons will be granted with pay for a maximum of 12 days during each year of the residency program.  Each program will inform its residents/fellows of the specialty Board regulation on leave used vs. Board eligibility. Weekdays and weekend days during which the resident is assigned to work will be charged as sick leave if the resident is unable to work due to illness. Sick leave cannot be carried over from one year to the next, nor will residents receive payment for unused sick leave at the completion of the program.  To access sick leave a resident must notify the Program Director or his/her designee.  The specific procedure for notifying the Program Director of brief absences due to illness is developed within the individual program.  A resident may be placed on sick leave for extended periods of time (generally in excess of one consecutive week only) with the approval of the Program Director, according to the following:

 

Procedure for extended sick leave

1.      The resident submits a written request to the Program Director stating the nature of the illness or injury and the reason for the requested extension of sick leave.

2.      The request is reviewed by the Program Director who determines the effect of extended leave on continued participation in the residency program and the possible need for and availability of remedial training.  This information must be provided to the resident in writing.  The Program Director may require a statement from the resident’s treating physician to help in these determinations.

3.      The Program Director must notify the Assistant Dean for Housestaff Affairs about the planned leave period.

4.      Unused vacation time must be used after the exhaustion of sick leave.  When maximum sick leave and vacation time have been exhausted, the resident is placed on leave without pay as described in Section V.

5.      The Program Director shall decide whether the resident may return to full duties upon consideration of all circumstances involved.  The Program Director may require a statement from the resident’s treating physician to help determine if the resident is medically qualified to return to duty and if any restrictions are necessary in the resident’s clinical activities because of the illness.

6.      Under special circumstances, the resident may request permission to start and complete one year of residency program over a two-year period.  Such requests must be made in writing and in advance to the Program Director.  Approval will be based upon the educational curriculum of the program, the requirements of the clinical service, and the Residency Review requirements of the residency program.

 

 

 

Special Provisions for Pregnancy

In recognition of the variations in physical demands among the residency programs in the UAMS-COM, the interdependence between the numbers of the residents in a particular residency program, the educational and patient care experiences, and to ensure optimum consideration for both the mother and the unborn child, the following procedures should be followed:

1.      When the pregnancy is confirmed, the resident should notify her Program Director promptly. 

2.      The Program Director should be sensitive to the confidential nature of this information during the early part of pregnancy.

3.      By the end of the sixth month of pregnancy, the resident must provide the Program Director with a written statement about the expected date of delivery, and the intended dates of leave.  Any subsequent change in medical condition that might alter this information should be submitted in a revised statement. 

4.      The Program Director may request a statement from the treating physician, especially in the case of extended leave

5.      See UAMS Administrative Guide No. 4.6.11, Family and Medical Leave Act (FMLA) if leave is without pay or if she elects to take a leave of absence without pay before exhausting her unused sick and vacation time. 

           

 

II.    Parental Leave Policy

1.      The maximum period of parental leave with pay is 33 days (12 days of unused sick leave plus 21 days of unused vacation time).  Time off-duty beyond that amount is without compensation. 

2.      Time off for parental leave must be requested in writing to the Program Director as soon as it is known, preferably at least four (4) months before the date of the leave.

3.      The program director will consider all aspects of the residency program in granting or denying permission for leave.

4.      See UAMS Administrative Guide No. 4.6.11, Family and Medical Leave Act (FMLA) if leave is without compensation.

 

 

III.    Family Medical Leave Policy

1.      Residents who meet the definition of “eligible employee” as defined by UAMS Administrative Guide No. 4.6.11, Family and Medical Leave Act (FMLA), may be entitled to leave under that policy.

2.      The terms of UAMS Administrative Guide No. 4.6.11 apply to the use of FMLA leave.

 

 

IV.    Leave of Absence (non FMLA qualified) Policy

The Program Director has the sole authority to grant a leave of absence for a resident.  Leave of absence is ordinarily unpaid.  In order for a leave of absence to be granted, the following procedure must be followed:

 

            Procedure

1.      The resident must discuss the reasons and estimated length of time for a leave of absence with the Program Director.

2.      The discussion must include whether the resident will be paid, the financial source for stipend and other benefits, the estimated length of time for the leave of absence, and a full determination of whether or not the resident is required to spend additional time in the residency program to compensate for the leave period and be eligible for certification for a full training year.  The decision regarding additional time in the program should consider the requirements of the individual specialty Boards.

3.      Prior to making a final decision regarding the request for leave of absence, the Program Director must contact the Assistant Dean for Housestaff Affairs to discuss the accounting of sick leave, vacation time, restrictions about family medical leave, financial compensation (stipends and benefits), and the record keeping requirements.

4.      After consultation with the Assistant Dean for Housestaff Affairs, thorough discussion with the resident regarding reasons for the leave, review of necessary documentation regarding the medical or other condition, and thorough review of the residency requirements for board eligibility, the Program Director makes the final decision regarding granting a leave of absence.

5.      The Program Director provides a decision in writing to the resident and the Assistant Dean for Housestaff Affairs which must include the starting and ending dates of the absence, financial support (stipends and benefits) if applicable, and the amount of additional time in the residency program that is required to compensate for the leave an fulfill board eligibility requirements.

6.      Once the resident is placed on leave of absence, the Program Director must notify the Assistant Dean for Housestaff Affairs if there is any change in the dates of the leave of absence and confirm the date the resident will return to the residency program.

 

V.     Bereavement Leave Policy

Residents may request leave of one (1) to three (3) days due to death of a member of his/her immediate  family.  Requests for this leave or extension of this leave beyond three days must be approved by the Program Director.  Extended bereavement leave is administered under leave of absence in Section V above.

 

VI.    Military Leave Policy

The Uniformed Services Employment and Reemployment Rights Act does not apply to residents enrolled in the GME program.  Residents who are members of the National Guard or any of the Uniformed Services of the United States may be called to duty in such uniformed service.  The resident shall notify the Program Director in writing upon learning that he/she has been called to duty in a uniformed service.  Prior to leaving the program for active duty, the resident and Program Director shall discuss the tentative plans for the resident’s return to the program including the level of re-entry.  Within the abilities of the program to accommodate the resident’s re-entry in the program, the duration of absence from the program and the resident’s activities during the absence, the program will make every effort to ensure that the resident re-enters the program at the level commensurate with his/her abilities.

 

 

VII.  Vacation Leave Policy

Each Program Director has the authority to determine the length and scheduling of vacation time for residents within the program.  The Program Director shall provide written instructions to residents within their program and to Program Directors of off-service residents about the procedures and rules for scheduling vacation time.  Failure to follow the specified procedure could result in loss of vacation time.

 

The annual vacation allowance is 21 days.  Only 15 week days (i.e. Monday – Friday) may be taken. Each program will inform its residents/fellows of the specialty Board regulation on leave used vs. Board eligibility. Vacation leave must be approved by the appropriate department/program representative.  An individual Program Director may alter the amount of leave but only in order to comply with the American Board of Medical Specialties requirements.

 

Each department shall grant vacation time to residents from other departments on a FTE basis proportionate to the time spent on service in the other department.  For example, if four residents from Department A rotate on a Service of Department B for three months each, Department B must grant three weeks (15 working days plus weekends to a maximum of 21 days) to be distributed among the four residents [4 residents x 3 months = 12 months of 1 FTE; therefore 1 FTE = 3 weeks vacation].  The Program Directors of Departments A&B will arrange the appropriate allocation of the vacation time among the residents.

 

The nature of some educational experiences may preclude taking vacation time.  In this case, the Program Director shall communicate this decision to Program Directors of visiting residents in a timely manner so that this can be considered when preparing the overall rotation schedules.

 

Vacation time does not accrue from year to year and must be scheduled and taken in the same academic year the vacation is earned.  Further, residents are not paid unused vacation leave at the time of the completion of their program.

 

 

VIII. Professional or Educational Leave Policy

Programs will define and allocate professional and educational leave up to a maximum of 5 days per year, in addition to sick and vacation time.  Professional and educational leave may not be carried over from one year to the next.

 

Interview days may not be counted as professional or educational leave.

 

Professional or educational leave may be used to take primary or subspecialty boards. 

 

USMLE exams may be taken using professional or educational leave.

 

For audit purposes, professional or educational leave must be noted as such on the schedule submitted to the Housestaff Office.

 

Special exceptions for more than 5 days per year will be considered by the finance committee under this policy.  Those exceptions include but are not limited to: advanced recognition, exceptional research or academic performance.  Exceptions should be requested in advance of the registration deadline/leave date.

 

A UAMS Request for Travel Authorization should document professional or educational leave.  See UAMS Administrative Guide Policy 8.4.04. That policy can be found at www.uams.edu/adminguide/WIN08404.html  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

American Board of Medical Specialties

Requirements on leave

July 12, 2011

 

Program

Board Requirement

Anesthesiology

Total of any and all absences may not exceed 60 working days (12 weeks) during the CA1-3 years; up to 5 working days for scientific meetings is considered part of the training program.

Dermatology

Absence should not more than 6 weeks in an academic year or a total of 14 weeks over the three years, including vacation

Emergency Medicine

Leaves of absence, vacation, sick must not exceed 6 weeks per year (must complete 46 weeks/year)

ENT

Must not exceed 6 weeks per year

Family Medicine

Absence from the program must not exceed 1 month (4 weeks) per academic year for vacation, illness, personal business, leave, etc., must not exceed a combined total of one (1) month per academic year. Time away from the residency program for educational purposes, such as workshops or continuing medical education activities, are not counted in the general limitation on absences but should not exceed 5 days annually.

Internal Medicine

Must not exceed 1 month (4 weeks) per academic year

Up to one month per academic year is permitted for time away from training, which includes vacation, illness, parental or family leave, or pregnancy-related disabilities. Vacation leave is essential and should not be forfeited or postponed in any year of training and cannot be used to reduce the total required training period.

Neurology/Child Neurology

Must follow overall institutional policy

Neurosurgery

 

Ob/Gyn

Must not exceed 8 weeks in any of the first three years, or 6 weeks during the fourth year, or a total of 20 weeks over the four years of residency

Ophthalmology

No board requirement.  ACGME requirement: Length of training must be at least 36 calendar months, including appropriate short periods for vacation, special assignments, or exceptional individual circumstances approved by program director

Ortho Surgery

Must not exceed 6 weeks per year (46 week year)

Pathology/Subspecialties

Sick, vacation, parental and other leave must not exceed 4 weeks per year (48 week year)

Pediatrics/Subspecialties and combined training

Absence must not exceed 1 month (4 weeks) per academic year

PM&R

Must not exceed 6 weeks per academic year

Psychiatry/Subspecialties

Must follow overall institutional policy

Radiology/Subspecialties

Must not exceed 6 weeks per academic year

Surgery

One month per academic year; For documented medical problems or maternity leave, 46 weeks of training in one of the first three years and 46 weeks in one of the last two years, for a total of 142 weeks in the first three years and 94 weeks in the last two is acceptable.

Urology

Residents must work a minimum of 46 weeks/year