In the event that a resident is expecting the addition of a child to their family during their residency, up to 12 weeks in a rolling 12-month period will be allowed off following the delivery in accordance with the Family Leave Act of 1993 (FMLA) as maternity or paternity leave. FMLA leave is also available for the placement of adoption, or placement of foster care child, or for the house officer’s own serious health condition or the serious health condition of a family member. Time off will be broken down in the following manner:

  • House officers may receive up to six weeks of paid FMLA leave (of the 12 total weeks available) in any rolling 12-month period, when the leave is taken for their own serious health conditions, or for the birth, placement for adoption or placement for foster care of a child. Consistent with Employer GME policy, Residents shall be eligible for FMLA leave upon the commencement of training (i.e. on the first day of employment) and may receive up to six (6) weeks of paid FMLA leave (of the 12 weeks available) in any rolling 12-month period, plus two (2) additional paid weeks for new child leave (birth of adoption). Residents may use additional paid time banks concurrent with FMLA to receive up to an additional four (4) weeks of paid time. The maintenance and administration of FMLA policy shall be left to the Employer's discretion, subject to the terms of this subsection and applicable law. In the event there are two Residents who are parents of a child, then both Residents will be entitled to leave under this section, provided however that if such parents are Residents in training in the same program, they shall not be approved for concurrent paid leave, except at the discretion of the Program Director, approval not to be unreasonably withheld.
  • Once such paid leave is exhausted, the house officer must use any available vacation (as approved by the Program Director) for the remainder of his or her FMLA leave. House officers may also receive short-term disability benefits if enrolled in the short-term disability plan and eligible under the terms of the plan.
  • FMLA will be unpaid for house officers not receiving short-term disability benefits or who have exhausted all vacation time.

House staff taking FMLA (up to the full 12 week time period off from clinical duties) may be required to extend the date of their completion of the training program by the amount of additional time requested off in order to comply with the Residency Review Committee of the ACGME and American Board of Surgery requirements for clinical weeks spent as part of the surgical residency. Questions regarding board eligibility and RRC requirements can be answered at www.absurgery.org and www.acgme.org or with your specific specialty Board. All requests for FMLA or extended leave should be made to the Program Director, with notification to the Director, Surgery Education Administration.

GME Family Medical Leave Policy

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