Faculty Handbook

Long-Term Disability: An Interpretation of the Tenure Rules

Last updated: 9/30/2009

IV. ACADEMIC HUMAN RESOURCES POLICIES (Cont.)

The following policy was approved by the University Committee on Faculty Tenure (UCFT) on May 19, 1975 and revised by UCFT on April 9, 2003 and September 30, 2009.

This Policy is applicable to all tenure system faculty.  Tenure system faculty are eligible to go on long-term disability and receive long-term disability insurance benefits through the University's long-term disability insurance program.

GOING ON LONG-TERM DISABILITY

  1. A faculty member may apply for long-term disability benefits for physical or mental health reasons. Application instructions for long-term disability benefits are available from Human Resources.  Final approval for long-term disability benefits is made by the University's long-term disability carrier. Information related to the University's long-term disability insurance program can be obtained by contacting Human Resources.
  2. A faculty member must complete 180 days of continuous disability, as defined by the University's long-term disability carrier, to be eligible for long term disability benefits.  Prior to being eligible for long-term disability benefits, a faculty member may complete a six-month short-term disability leave of absence.  University policy regarding short-term disability is located in the Faculty Handbook.
  3. There is no limit to the number of times a faculty member may apply for long-term disability benefits for multiple, unrelated medical conditions.
  4. All medical information and records related to the short-term/long-term disability process are confidential to the degree permitted by law and will be retained in the files of the University Physician's Office and/or Human Resources.  Medical information and/or records relating to short-term/long-term disability shall be maintained separately from faculty personnel records.  Medical information related to a faculty member's short-term/long-term disability will be shared with relevant University administrators only on a "need to know" basis.
  5. Pursuant to the process outlined below, a department chairperson, director of a school, or other unit administrator may recommend to the appropriate dean(s) that a faculty member be placed on long-term disability when the faculty member is no longer carrying out the responsibilities for which he/she is appointed and when the University Physician concurs that the health of the faculty member justifies placement on long-term disability.  The  dean may approve or reject the unit recommendation.  If approved, the dean shall forward the recommendation to the Provost.  The Provost may approve or reject the dean's recommendation.  If the unit administrator's recommendation is approved, the faculty member will initially be placed on a short-term disability leave for a  period of up to six months.

    If the faculty member's health problem continues to make him/her unable to carry out the responsibilities for which he/she is appointed at the expiration of the six-month short-term disability leave, the faculty member must  apply for long-term disability or be placed on unpaid leave for a period of up to six months.  If, at the conclusion of the unpaid leave, the faculty member continues to be unable to carry out his/her responsibilities and the faculty member has not applied for or has not been approved for long-term disability, the University disciplinary and/or dismissal procedures for tenure system faculty members may be implemented.

    1. Prior to making a formal recommendation to place a faculty member on long-term disability, the unit administrator will discuss the matter with the faculty member and the University Physician. In accordance with the Health Assessment statement in the Faculty Handbook, the unit administrator may require a comprehensive medical assessment of the faculty member to determine if  health might be a primary cause of the faculty member's failure to carry out his/her assigned responsibilities. This assessment may be by the University Physician or a physician selected by the faculty member and acceptable to the University Physician. Based on the assessment, the University Physician will advise the unit administrator regarding his/her recommendation to place the faculty member on long-term disability.
    2. If the unit administrator requires a medical assessment of the individual faculty member, the faculty member must be informed in writing of the reasons for requiring the assessment and the consequences for failure to cooperate with the assessment, including the possibility of disciplinary action.  The faculty member must also be informed in writing that he/she may grieve the unit administrator's decision to require a medical assessment under the Faculty Grievance Policy.
    3. When a unit administrator considers recommending that a faculty member be placed on long-term disability, he/she shall seek advice regarding the faculty member's performance of responsibilities from the relevant faculty advisory group or by faculty members professionally knowledgeable about the responsibilities of the faculty member's academic position in each of the academic units to which the faculty member is assigned.
    4. When reviewing a unit administrator's  recommendation to place a faculty member on long-term disability, the University Physician will normally arrange for a physician to provide medical advice in the relevant specialty.  After consultation with the appropriate unit administrator(s), the University Physician will provide this health care provider with information about the terms and conditions of the faculty member's appointment, the nature of the work required of the faculty member, and the concerns raised by the unit administrator.  The faculty member may also choose to have his/her personal physician contact the University Physician regarding the unit administrator's recommendation.  The University Physician will review the advice of the physician(s) and advise the appropriate University administrators regarding the advice he/she has received from the other physicians and inform the unit administrator if he/she concurs that the health of the faculty member justifies placing the faculty member on long-term disability.
    5. If a unit administrator recommends placing a faculty member on long-term disability,  the University Physician concurs with that recommendation, and that recommendation has been approved by the appropriate dean(s) and by the Provost, the faculty member must be informed in writing that he/she may utilize the Faculty Grievance Policy to grieve the unit administrator's decision to recommend that the faculty member be placed on long-term disability.
    6. These procedures are in place to assure that the relevant academic administrators place a faculty member on short-term/long-term disability only for bona fide health reasons.  A faculty member who believes the short-term/long-term disability process is being used to bypass the procedures governing discipline or dismissal of a tenured faculty member may utilize the Faculty Grievance Policy, per 5(B) and 5(E) above.
    7. If at any point in this process the faculty member elects to apply for long-term disability, the routine application procedure administered by Human Resources applies.

REINSTATEMENT / REASSIGNMENT FROM LONG-TERM DISABILITY 

Probationary Faculty Members:

  1. The University shall hold a probationary tenure system faculty member's position "open" for the remainder of the faculty member's current probationary appointment or a maximum period of two years, whichever is less, filling the vacant position, if necessary, with interim appointments.  At any time during the current probationary appointment the faculty member may seek to be reinstated to the position vacated due to his/her long-term disability status.  The University shall respond promptly to such a request.  If, at the expiration of the current probationary appointment, the faculty member has not been reinstated, the faculty member's employment will be terminated.  The University's long-term disability insurance coverage may continue to provide benefits after the termination of the faculty member's employment.  Information regarding the University's long-term disability insurance program is available from Human Resources.
    1. A faculty member seeking reinstatement under this provision should address the request for reinstatement to his/her unit administrator in writing.  A copy of the request and medical documentation from his/ her treating physician to support the request should be sent to the University Physician.  Reinstatement under this provision requires approval by the University Physician, the appropriate administrative endorsements, and approval by the Provost.
    2. A faculty member reinstated under this provision shall resume his/her duties consistent with the job expectations currently in place for probationary tenure system faculty with similar positions within that unit at the time reinstatement is granted.

Tenured Faculty Members:

  1. The University shall hold a faculty member's tenured position "open" for two years from the date he/she is placed on long-term disability by the University's long-term disability carrier, filling the vacant position, if necessary, with interim appointments.  At any time during the two-year period the faculty member may seek to be reinstated to the position vacated due to his/her long-term disability status.  The University shall respond promptly to such a request.  If, at the expiration of two years, the faculty member remains on long-term disability and has not been reinstated, the position need no longer be held "open" and the faculty member's employment will be terminated.  The University's long-term disability insurance coverage may continue to provide benefits after the termination of the faculty member's employment.  Information regarding the University's long-term disability insurance program is available from Human Resources.
    1. A faculty member seeking reinstatement under this provision should address the request for reinstatement to his/her unit administrator in writing.  A copy of the request and medical documentation from his/her treating physician to support the request should be sent to the University Physician.  Reinstatement under this provision requires approval by the University Physician, the appropriate administrative endorsements, and approval by the Provost.
    2. A faculty member reinstated under this provision shall resume his/her duties consistent with the job expectations currently in place for tenured faculty with similar positions within that unit at the time reinstatement is granted.
  2. If, within the two-year period, the faculty member is not capable of resuming the assigned duties of the vacated tenured position, but is capable of assuming another full-time tenured position commensurate with his/her education, training, and experience, a reasonable effort shall be made during the two-year period to place him/her in such a position, if such a position is available.
    1. A faculty member seeking reassignment under this provision should address the request for reassignment to the Provost in writing.  A copy of the request and  medical documentation from his/ her treating physician to support the request should be sent to the University Physician.  Reassignment under this provision requires approval by the University Physician, the appropriate administrative endorsements, and approval by the Provost.
  3. If, after the expiration of the two-year period, the former faculty member asks to return to service at the University, and he/she provides documentation from his/her treating physician that indicates that he/she is capable of performing the responsibilities of a full-time faculty member, the University shall give strong consideration to the re-employment of the individual when a vacancy occurs in the area of his/her professional competence; however, the individual has no prior claim to the vacancy.
    1. An individual seeking re-employment under this provision should address the request for employment to the Provost in writing.  A copy of the request and medical documentation from his/ her treating physician to support the request should be sent to the University Physician.  Re-employment under this provision requires approval by the University Physician, the appropriate administrative endorsements, and approval by the Provost.
    2. The terms of employment for an individual re-employed under this provision will be consistent with the position for which the individual applied and was re-hired.  For example, the individual might be appointed as a  fixed-term,  probationary, or tenured faculty member, depending on the specific position for which the individual was re-hired.
  4. If, either during or after the two-year period, the faculty member or former faculty member is not capable of performing the duties of a full-time faculty member but provides documentation from his/her treating physician that indicates he/she is capable of other employment within the University, the University shall make reasonable efforts to find a suitable alternative position for that individual at the University. 
    1. A faculty member seeking an appointment under this provision should address the request in writing to the Provost or appropriate Vice President, depending on the position sought.  A copy of the request and medical documentation from his/her treating physician to support the request should be sent to the University Physician.  Appointment under this provision requires approval by the University Physician, the appropriate administrative endorsements, and, as appropriate, approval by the Provost or by the relevant Vice President.
  5. If a tenured faculty member is reinstated in a tenured faculty position within the two-year period and subsequently is unable to perform his/her responsibilities for health reasons:
    1. Long-term disability status will be reinstated (for the same condition for which long-term disability status was originally approved) if the period for which the faculty member has returned to work is twelve months or less.
    2. A six month short-term disability leave will be required to re-qualify for long-term disability if the period of return to work is greater than twelve months and the disability results from the same condition for which the long-term disability status was originally approved, or if the faculty member's disability is not the same condition for which long-term disability status was originally approved.
    3. In case of 5.A. or 5.B. above, there is no extension of the two-year period for which the tenured position is held open (for the same condition for which the long-term disability status was originally approved).
  6. If a tenured faculty member is reinstated, re-employed, or reassigned to a tenured position, he/she shall have full rights of tenure.

General Principles:

  1. For any reinstatement, reassignment, or re-employment, a faculty member will be expected to perform the job duties and meet the job expectations in place for faculty with similar positions within the unit without exception, unless a reasonable accommodation has been requested and granted.
  2. When reviewing a request for reinstatement, reassignment, or re-employment, the University Physician will review the medical documentation provided from the faculty member's treating physician and will normally arrange for another physician to provide medical advice in the relevant specialty. After consultation with appropriate unit administrator(s), the University Physician will provide this health care provider with information about the terms and conditions of the faculty member's appointment and the nature of the work required of the faculty member.  The University Physician will receive the advice from the physicians and advise the appropriate University administrators regarding reinstatement/reassignment/re-employment.
  3. When a faculty member returns from long-term disability, he/she shall perform the duties of teaching, research, and service with full guarantee of academic freedom.
  4. The academic freedom of a faculty member is in no way compromised by his/her long-term disability status.

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