Medical and Family Leaves

Note: Employees working in other states with state-provided paid family and/or medical leave benefits will be covered under the terms of their respective state’s policies. If you are unsure whether your state provides its own paid family or medical leave benefit you may contact Medical Leaves Administration (MLA) at 607-255-1177 and  MLA can direct you to the appropriate state agency which would receive your request for paid leave.

For each category of medical leave, the eligibility requirements differ.

For personal medical leave, all staff members are eligible (including temporary or casual) that have been employed by the university for at least 12 months, not required to be worked consecutively, and have worked at least 1,250 hours during the 12-month period immediately before the start of the leave. Employment prior to a continuous break in service of seven years or more will not be counted.

For personal medical leave provided as a reasonable accommodation for a qualified individual with a disability under the Americans with Disabilities Act (ADA), all staff members working at Cornell (including temporary or casual) are eligible from their first day of employment.

For short-term disability, all staff members are eligible who have been working at Cornell for 28 calendar days or are employed within 28 calendar days with a covered employer, as per New York State law, and have been absent from work for at least one week.

For workers’ compensation, all staff members working at Cornell (including temporary or casual) are eligible from the first day of their employment.

Note: In order to ensure that staff members are placed on the proper medical leave, staff members must provide MLA with accurate information about their health conditions and the need for the leaves. Staff members are required to provide this information honestly and truthfully. The university reserves the right to take disciplinary action, up to and including termination of employment, in the event a staff member is dishonest or misrepresents information in the application for or use of any benefits. See University Policy 6.11.3, Employee Discipline.
 

Holding a Position

A staff member’s position, or an equivalent, is held (“job hold”) for a total of 26 weeks of leave (182 days) during any 12-month (52-week) period. The following calculation is used to determine the remaining job-hold time for an individual who has taken leave within the last 12-month period (that is, looking back 52 weeks from the date of calculation).

1. Total all leave taken within the 12-month period*.
2. Subtract the total leave taken from the 26 weeks (182 days) of available job-hold time.

(*)Note: This calculation will include any leave time taken as NY Paid Family Leave (NYPFL), extended bonding leave, family health leave, and military leaves (as defined in the Family Leaves section of this Time Off and Leaves Program), as well as personal medical leaves, short-term disability, and/or workers’ compensation, including any partial days used under short-term disability or workers’ compensation.

Note: Return-to-work issues are individually considered, and the “job hold” period of time may be extended for valid business reasons, including the provision of a reasonable accommodation. Contact a representative from MLA for further details.

Note: If you are a qualified individual with a disability covered by the ADA, you may be eligible for leave as a reasonable accommodation under the ADA. Please contact MLA to request leave as an accommodation.

While a staff member is on an approved medical leave, benefit programs may be continued at the same cost as applies to active staff members. Pre-tax premiums will apply as long as the staff member receives a paycheck from university payroll during the leave. If any questions arise, staff members should contact the HR Services & Transitions Center before and during a leave of absence.

Health and personal leave and vacation do not accrue when a staff member is on an unpaid leave. If a staff member is on a paid leave (including through use of accruals), vacation and health and personal leave accruals will stop on the first day of the leave after any applicable waiting period is satisfied. Note: In cases where vacation, sick leave, or health and personal leave is used to supplement NYS Paid Family Leave, accruals will continue on the supplement. Accruals will begin again once the staff member returns to active service. See the Vacation and Health and Personal Leave sections of this Time Off and Leaves Program.

To supplement existing benefits during the short-term disability and workers’ compensation waiting periods, staff members must use accrued health and personal leave, with the exception of up to 10 days, which the staff member may elect to save. After using health and personal leave as indicated above, or if health and personal leave is exhausted, the staff member may elect to use vacation. After the short-term disability and workers’ compensation waiting periods, and during any period of personal medical leave, staff members may elect to use either health and personal leave or vacation accruals.

Note: The supervisor may not deny the use of accrued leave, including vacation, under the above circumstances.

Eligibility During Unpaid Leave: During unpaid medical leaves, staff members are not eligible to receive pay for university holidays.

Eligibility During Paid, Reduced Schedule, or Intermittent Leave: During a holiday, staff members on paid medical leave will receive holiday pay, and will not be required to use accrued time on that day.

Regardless of whether a staff member receives holiday pay during personal medical leave, university holiday periods of more than one week will not be deducted from the available personal medical leave balance.

The 12-week leave entitlement under the Family and Medical Leaves Act (FMLA)* will run concurrently with the use of medical leaves discussed in this program, whenever applicable.

*Federal law requiring private employers of 50 or more employees to provide eligible employees unpaid, job-protected leave for up to a total of 12 workweeks within any 12 months because of the birth of a child and to care for a newborn child; the placement of a child with the employee for adoption or foster care; the employee is needed to care for a family member with a serious health condition; or the employee’s own serious health condition makes that employee unable to perform the essential functions of their job. In certain cases, this leave may be taken on an intermittent basis, rather than all at once, or the employee may work a part-time schedule.

In accordance with federally approved costing practices and rate agreements, payments for short-term disability, workers’ compensation, as well as family health and parental leaves may be charged directly to sponsored projects. Such payments must not exceed the proportion of salary allocated to the project before the leave.

Where the use of project funds for leave payments threatens satisfactory completion of the project, the leave must be charged to a non-sponsored source.

Cornell University generally prohibits employees who are receiving medical leave benefits (which include personal medical leave, short-term disability, and workers’ compensation) from working for any employer during their leave. Before any Cornell employee will be approved for such leave, they must disclose to Medical Leaves Administration any other employment they will hold during the leave. Failure to disclose other employment may result in discipline, up to and including termination of employment.

Workers’ compensation benefits are paid-for absences due to work-related injuries or illnesses. The New York State Workers’ Compensation Law covers Cornell staff members working in New York. Cornell staff members who regularly work in other state jurisdictions are covered by the state in which they work. For example, staff members at Cornell’s Shoals Marine Laboratory are covered according to the laws of Maine, where that lab is located.

Reported injuries or illnesses must have a causal relationship* to employment. Therefore, Third Party  administrators’ (TPA) Claims Staff always review claims of injury or illness to determine whether there is a relationship to work at Cornell.

*Recognizable link between an accident arising out of the course of employment and a resultant injury, or between a distinctive feature of employment and an occupational disease. This relationship must exist to establish claims of workers' compensation.

Regardless of their physical location of work, or the law which governs them, all Cornell regular, full-time and part-time, benefits-eligible staff members receive the same Cornell benefits when out of work due to a work-related injury or illness, namely:

1. Up to 13 weeks of full wage continuation.
2. Disability Case Management services.
3. Assistance in filing for long-term disability* benefits, if appropriate.

After a waiting period of seven calendar days, benefits-eligible staff can receive up to 13 weeks of full wage continuation for work-related injuries or illnesses. The first seven calendar days of absence from work will be charged against accrued health and personal leave. See the Use of Accruals During Medical Leaves section above. However, if the absence exceeds 14 calendar days, health and personal leave will be restored. If a staff member is still unable to return to work after 13 weeks, they will receive benefits as defined by the applicable jurisdictional law.

Workers’ compensation benefits may continue as long as the staff member is unable to work due to a work-related injury, as determined by a health care provider. If the staff member cannot return to work after 26 weeks of absence, MLA will assist the staff member in applying for long-term disability benefits.

*Benefits apply after 26 weeks of temporary, total disability, and provide for 60% of lost wages, as long as the staff member remains totally disabled as determined by medical documentation.

Applying for Workers' Compensation Leave

A staff member may receive up to 13 weeks of full wage continuation when they become disabled due to a work-related injury or illness and are unable to work. After the initial 13 weeks off the job, benefits are paid according to schedules established by the Workers’ Compensation Board.

When a staff member suffers a work-related accident or injury, they must inform their supervisor within 24 hours of the incident. The staff member also must file an accident report with MLA, a copy of which will go to Environmental Health and Safety. If the staff member is incapacitated, the supervisor, or appropriate department representative must file the report. The staff member must maintain contact with the supervisor and MLA during the workers’ compensation leave period.

The treating health care provider(s) must file medical status reports with the NYS Workers’ Compensation Board. MLA has access to and reviews these reports.

Before returning to work, the staff member must inform the supervisor or MLA case managers, and present to MLA or the local HR representative a note from the treating health care provider(s) that states they are permitted to return to work.

Receiving Medical Information

Staff members must send all medical information directly to MLA. The Health Insurance Portability and Accountability Act of 1996 (HIPA) and the Americans with Disabilities Act (ADA) limits access to employee medical information, so Cornell requires that supervisors not request medical information or, if received, forward it to MLA.

Short-term disability benefits are paid-for absences due to non-work-related injuries or illnesses. Cornell’s short-term disability plan has been approved by New York State.

The Cornell short-term disability plan provides half-pay for up to 26 weeks of disability to all full-time and part-time regular and benefits-eligible temporary staff members. Temporary staff members not eligible for Cornell benefits will receive a New York State mandated maximum benefit payment. 

Employees working in other states with state-provided paid family and/or medical leave benefits will be covered under the terms of their respective state’s policies.

After 26 weeks of medical leave (regardless of jurisdiction), regular full-time and part-time, benefits-eligible staff members at any Cornell location are also eligible to apply for long-term disability benefits.

Note: After the seven-calendar-day waiting period, staff may elect to supplement the half-pay benefit with health and personal leave or vacation. See the Use of Accruals During Medical Leaves section above.

Applying for Short-Term Disability Leave

Staff members receive up to 26 weeks of half-pay while on an approved short-term disability leave. The unit will hold staff positions, or an equivalent, for up to 26 weeks while a staff member is on approved short-term disability leave.

To request such leave, the staff member must notify their supervisor of the approximate leave dates, and submit to MLA or the local HR representative an attending health care provider’s* note verifying the start date and probable duration of the leave time needed. If possible, the staff member must give their supervisor advance notice of the intention to take the leave. The HR representative then must complete a sick leave report via an HR/Payroll system transaction, and then forward the medical note to MLA.

During short-term disability leave, the staff member must submit to MLA periodic medical status reports verifying their disability status. All medical information and records are maintained by MLA. Supervisors must not receive medical reports or updates.

Employees working in other states with state-provided paid family and/or medical leave benefits will be covered under the terms of their respective state’s policies. If you are unsure whether your state provides its own paid family or medical leave benefit, contact MLA at 607-255-1177 and MLA can direct you to the appropriate state agency to receive your request for paid leave. The staff member will not be allowed to return to work in a limited or full-time capacity without medical clearance and review by MLA. When the staff member receives clearance from the treating health care provider(s) to return to work, he/she must submit in advance of returning to work a written notice from the health care provider to either MLA or the local HR representative.

*All New York State licensed physicians, dentists, psychologists, chiropractors, podiatrists, and nurse-midwives.

Receiving Medical Information

Staff members must send all medical information directly to MLA. The Health Insurance Portability and Accountability Act of 1996 (HIPA) and the Americans with Disabilities Act (ADA) limits access to employee medical information, so Cornell requires that supervisors not request medical information or, if received, forward it to MLA.

The medical condition of a staff member may not qualify for coverage under the existing Cornell workers’ compensation or short-term disability plans in some situations. However, if the circumstances qualify under the FMLA or ADA, the staff member may qualify for unpaid, job-protected leave.

Eligible Cornell staff members may access benefits guaranteed by the FMLA and the 12 weeks of unpaid leave under the following circumstances:

1. A serious health condition prevents the staff member from completing the essential functions of their position; and
2. The health care provider* qualifies under federal law.

Staff members who qualify medically may take up to 12 weeks of unpaid personal medical leave in a 12-month period.

Note: If you are a qualified individual with a disability covered by the ADA, you may be eligible for leave as a reasonable accommodation under the ADA. Please contact Medical Leaves Administration (MLA) to request leave as an accommodation.

*Doctor of medicine or osteopathy who is authorized to practice medicine or surgery, as appropriate, by the state in which the doctor practices. These individuals may include podiatrists; dentists; clinical psychologists; optometrists; chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x-ray); nurse-practitioners and nurse-midwives who are authorized and are performing under the scope of their practice as defined under state law; clinical social workers; and Christian Science practitioners listed with the First Church of Christ,Scientist in Boston, Massachusetts (additional certification may be required). Also included are health care providers, who practice outside of the United States, and any other health care provider from whom the university’s director of Benefit Services will accept certification of the existence of a serious health condition to substantiate a claim for benefits.

Intermittent and/or Reduced Schedule Leave

With proper medical documentation, staff members may take leave in smaller increments. To reduce disruption to the department’s operations and business needs, staff needing intermittent or reduced schedule leave must work with their supervisor to schedule the leave. During foreseeable periods of intermittent or reduced schedule leave, a staff member may be transferred temporarily to an alternative position with equivalent pay and benefits. Cornell may ask the staff member for a recertification of the need for this leave every 30 days if the frequency of episodes of incapacity are not stated by the medical provider, and/or if time away from work exceeds the frequency or duration noted by the medical provider on the certification forms.

Applying for Personal Medical Leave

A staff member may use personal medical leave when short-term disability and workers’ compensation do not apply.

To request a personal medical leave, the staff member must notify their supervisor of the need for the leave, and complete the Personal Medical Leave Request Form. In foreseeable circumstances, staff members must provide their supervisor with at least 30 days’ notice of the need for the leave. In unforeseeable circumstances, staff members must give as much notice as possible.

Within two business days of becoming aware of the need for personal medical leave, the supervisor or HR representative should fax the completed Personal Medical Leave Request Form to MLA.

If the staff member does not specifically request personal medical leave, it is the supervisor's responsibility, after consulting with the HR representative, to request that the staff member complete the Personal Medical Leave Request Form. If the staff member is unavailable, the supervisor should complete the form for the staff member and send it to MLA.

Upon receiving the completed form from the supervisor or HR representative, MLA will confirm the employee’s basic eligibility criteria, as described in Uniform Provisions above. If the employee does not meet the basic eligibility criteria, MLA will notify the employee and the supervisor or HR representative. If appropriate, MLA will send out a tentative approval and a Personal Medical Leave Provider Verification Form to the staff member for completion by the staff member and the treating health care provider.

Upon receiving the completed form, MLA will notify the staff member and supervisor of the final decision.

Receiving Medical Information

Staff members must send all medical information directly to MLA. The Health Insurance Portability and Accountability Act of 1996 (HIPA) and the Americans with Disabilities Act (ADA) limits access to employee medical information, so Cornell requires that supervisors not request medical information or, if received, forward it to MLA. 

Family leaves for nonacademic staff (“family leave”) comprises four categories of leave: New York Paid Family Leave (NYPFL), extended bonding leave, family health leave, and military family leave.

This section of the Time Off and Leaves Program provides an outline of the provisions and procedures for qualifying and applying for and the taking of these leaves.

Note: Employees working in other states with state-provided paid family and/or medical leave benefits will be covered under the terms of their respective state’s policies. If you are unsure whether your state provides its own paid family or medical leave benefit you may contact Medical Leaves Administration (MLA) at 607-255-1177 and MLA can direct you to the appropriate state agency which would receive your request for paid leave.

All staff members (including temporary or casual) are eligible for federal Family and Medical Leave Act (FMLA) family leave who have been employed by the university for at least 12 months, which do not have to be consecutive, and have worked at least 1,250 hours during the 12-month period immediately preceding the start of the leave.

Employment prior to a continuous break in service of seven years or more will not be counted.

For NYPFL, all staff members (including temporary or casual) whose regular schedule is 20 or more hours per week are eligible for family leave once they have been employed by the university for at least 26 workweeks preceding the start of the leave. All staff members (including temporary or casual) whose regular schedule is less than 20 hours per week are eligible for paid family leave once they have worked at the university at least 175 workdays with no break in service.

Note: In order to ensure that a staff member is placed on the proper medical leave, staff members must provide to MLA accurate information about their health condition and the need for the leave. Staff members are required to provide this information honestly and truthfully. The university reserves the right to take disciplinary action, up to and including termination of employment, in the event that a staff member is dishonest or misrepresents information in the application for or use of any benefits. See University Policy 6.11.3, Employee Discipline.

Holding a Position (except for Military Caregiver Leave. See Holding a Position (Military Caregiver Leave only) below)

A staff member’s position, or an equivalent, is held for a total of 26 weeks (182 days) of qualifying leave during any 12-month (52-week) period. The following calculation is used to determine the remaining job-hold time for an individual who has taken leave within the last 12-month period (that is, looking back 52 weeks from the date of calculation).

1. Total all leave taken within the 12-month period.*

2. Subtract the total leave taken from the 26 weeks (182 days) of available job-hold time.

(*)Note: This includes any leave time taken as NYPFL, extended bonding leave, family health, and personal medical leaves, short-term disability, workers’ compensation, and/or military exigency leave, including any partial days used under short-term disability or workers’ compensation.

Note: Return-to-work issues are individually considered, and this period of time may be extended for valid business reasons, including the provision of a reasonable accommodation. Contact a representative from MLA for further details.

Holding a Position (Military Caregiver Leave only)

For the purposes of military caregiver leave only, the 26 weeks of job hold is counted prospectively. The employee is eligible for 26 weeks of military caregiver leave per service member’s injury during a single 12-month period. This 12-month period commences with the first date the employee takes any caregiver leave. This leave entitlement does not renew annually and may be taken only once per injury/illness. 

Benefits While on Leave

While a staff member is on an approved family leave, benefit programs may be continued at the same cost as applies to active staff. Pre-tax premiums will apply as long as the staff member receives a paycheck from University Payroll during the leave. If any questions arise, the staff member should contact the HR Services & Transitions Center before or during a leave of absence.

Accruing Health and Personal Leave and Vacation While on Leave

Health and personal leave and vacation do not accrue when a staff member is on an unpaid leave. If a staff member is on a paid leave (including through use of accruals during leave), vacation and health and personal leave accruals will stop on the first day of the leave after any applicable waiting period is satisfied.

Note: In cases where vacation, sick leave, or health and personal leave (HAP) is used to supplement NYS Paid Family Leave, accruals will continue on the supplement.

Accruals will begin again once the staff member returns to active service. See the Vacation and Health and Personal Leave sections of this Time Off and Leaves Program.

Use of Accruals During Family Leaves

A staff member may choose to use accrued vacation or health and personal leave to supplement all or part of a family leave. 

Holiday Pay While on Leave

Eligibility During Unpaid Leave: During unpaid family leave, staff members are not eligible to receive pay for university holidays.

Eligibility During Paid, Reduced Schedule, or Intermittent Leave: During a holiday, staff members on paid family leave will receive holiday pay, and will not be required to use accrued time on that day.

Coordination With the Family and Medical Leave Act and New York Paid Family Leave

The FMLA and NYPFL12-week leave entitlements will run concurrently with each other, and concurrently with the use of all family leaves, whenever applicable.

Charging Leave Costs to Sponsored Projects

In accordance with federally approved costing practices and rate agreements, payments for short-term disability, workers’ compensation, as well as all family health and parental leaves may be charged directly to sponsored projects. Such payments must not exceed the proportion of salary allocated to the project before the leave. Where the use of project funds for leave payments threatens satisfactory completion of the project, the leave must be charged to a non-sponsored source.

Concurrent Employment While on Family Leave

Before any Cornell employee will be approved for such leave, they must disclose to MLA any other employment they will hold during the leave. Failure to disclose other employment may result in discipline, up to and including termination of employment.

Staff members may apply for up to 12 weeks of NY Paid Family Leave (NYPFL) to bond with a new child, care for a family member who has a serious health condition, or for a qualifying military exigency.

This leave will run concurrently with family health leave whenever applicable.

Staff members may take up to 12 weeks of NYPFL at 67% pay in a 12-month period, which is measured looking back over a 365-day period immediately before the start of the leave, or any day during the term of the approved leave.

All bonding leave as outlined under NYPFL must be taken within the 12-month period that begins with the birth of a child, commencement of the adoption process, or the placement of a child for adoption or foster care*.

Note: The maximum combined benefit of NYPFL and short-term disability that a staff member can receive in any 52-week period is 26 weeks.

*Twenty-four hour care for children in substitution for, and away from, their parents or guardian. Such placement must include state (i.e., governmental) involvement.

Staff members may take NYPFL on a reduced scheduled and/or intermittent basis as long as it is used in full-day increments. To minimize disruption to the department’s operations and business needs, staff members needing intermittent or reduced schedule leave should work with their supervisor to schedule the leave. During foreseeable periods of intermittent or reduced-schedule leave, a staff member may be transferred temporarily to an alternative position with equivalent pay and benefits.

Cornell may ask for a recertification of the need for this leave every 30 days if the frequency of episodes of incapacity are not stated by the medical provider, and/or if the time away from work exceeds the frequency or duration noted by the medical provider on the certification forms.

Regardless of whether a staff member receives holiday pay during this leave, if a university holiday falls within a period of continuous NYPFL leave (i.e., the staff member is on paid NYPFL leave the day before and the day after the holiday), the holiday time will be counted toward the staff member’s NYPFL entitlement.

Similarly, if a staff member is taking intermittent NYPFL on a set schedule, and a holiday falls on a day within that set NYPFL schedule, that holiday time will also be counted toward the NYPFL entitlement.

Requesting New York Paid Family Leave

To request New York Paid Family Leave (NYPFL) to care for a family member with a serious health condition, staff members must notify their supervisors of the need for the leave, and complete the Request for New York Paid Family Leave Benefits Form. Within two business days of becoming aware of the need for NYPFL, the supervisor or local HR representative should send the completed leave form to Medical Leaves Administration (MLA).

In foreseeable circumstances, staff members must provide their supervisor with at least 30 days’ notice of the need for the leave. In unforeseeable circumstances, staff members must give as much notice as possible. 

If the staff member does not specifically request NYPFL, it is the supervisor's responsibility, after consulting with the local HR representative, to request that the staff member complete the Request for New York Paid Family Leave Benefits Form.

Upon receiving the completed Request for New York Paid Family Leave Benefits Form from the supervisor or HR representative, MLA will check basic eligibility criteria for the employee. If the employee does not meet basic eligibility criteria as described in the Overview above, MLA will notify the employee and supervisor or HR representative. If basic eligibility is met, MLA will then send an acknowledgement-of-receipt packet including a Release of Personal Health Information Form, to be completed by the family member receiving care and a Health Care Provider Certification For Care of Family Member With Serious Health Condition Form, to be completed by the staff member and the treating physician. Upon receiving the completed forms, MLA will notify the staff member and supervisor of the final decision.

Requesting Bonding Leave (NYPFL)

To request bonding leave, staff members must notify their supervisors and complete the Request for New York Paid Family Leave Benefits Form. In foreseeable circumstances, staff members must provide supervisors with at least 30 days’ notice of the need for leave.

In unforeseeable circumstances, staff members must give as much notice as possible. 

Medical documentation for a birth mother employed by Cornell should be on file already at MLA due to the requirements of the short-term disability plan as outlined in the Medical Leaves section of this Time Off and Leaves Program.

Parents who don’t already have this documentation on file with MLA, and the parents of adoptive or foster children, must complete the Bonding Certification Form and supply the required supporting documentation to MLA.

Note: Appropriate medical, adoptive, or foster care documentation is outlined on the Bonding Certification Form.

• Request For New York Paid Family Leave Benefits
• Bonding Certification Form
• Release of Personal Health Information Form

Staff members are eligible for up to four weeks of unpaid extended bonding leave to care for a newborn child, an adopted child, for the commencement of the adoption process, or for the placement of a child for adoption or foster care*.

This leave can only be taken after the exhaustion of the NYPFL entitlement and in one continuous block of time.

*Twenty-four hour care for children in substitution for, and away from, their parents or guardian. Such placement must include state (i.e., governmental) involvement.

• Staff may take up to four weeks of extended bonding leave in a 12-month period, which is measured looking back over a 365-day period immediately before the start of the leave, or any day during the term of the approved leave.
• Extended bonding leave must be taken and all leave time finished during the 12-month period, which begins with the birth of a child, commencement of the adoption process, or the placement of a child for adoption or foster care.
• Extended bonding leave may be taken by birth, adoptive, and foster parents.
  • Note: Birth mothers generally receive half-pay from the Cornell short-term disability plan during delivery and post-natal care for a period determined by their physicians. This period of short-term disability is usually followed by the NYPFL entitlement. The maximum time available through the combination of short-term disability, NYPFL, any other applicable medical leaves, and extended bonding leave is 26 weeks of leave in the 12-month period.  See the Holding a Position section in the Overview above. NYPFL benefits and short-term disability benefits cannot be received simultaneously, but may be taken consecutively.
• Staff members may choose to use leave accruals during extended bonding leave in accordance with the Use of Accruals During Family Leaves section in the Uniform Provisions above.

Regardless of whether a staff member receives holiday pay during this leave, if a university holiday falls during a period of extended bonding leave, the holiday time will be counted toward the extended bonding leave entitlement. However, should any portion of extended bonding leave be running concurrently with family health leave, then the family health leave and holiday language applies.

Requesting Extended Bonding Leave

To request an extended bonding leave, staff members must notify their supervisors and complete the Extended Bonding Leave Request Form. Staff members must provide supervisors with at least 30 days’ notice of the need for the leave.

Note: Extended bonding leave is only available to eligible staff members who have already exhausted all bonding leave available under NYPFL.

Staff members may apply for up to 12 weeks of unpaid family health leave to care for a family member who has a serious health condition. Staff members may elect to use accruals in accordance with the Use of Accruals During Family Leaves section in the Uniform Provisions above.

This leave will run concurrently with NYPFL whenever applicable. Family health leave can be taken on an intermittent basis of hourly increments.

Regardless of whether a staff member receives holiday pay during this leave, if a staff member is on a continuous Family Health Leave only (i.e., NYPFL is not running concurrently), university holiday periods of more than one week will not be deducted from the family health leave balance.

Note: If NYPFL is running concurrently, please refer to the holiday provisions in the New York Paid Family Leave section above.

Staff members may take up to 12 weeks of family health leave in a 12-month period, which is measured looking back over a 365-day period immediately before the start of the leave, or any day during the term of the approved leave.

With proper medical documentation, staff members may take leave in smaller increments. To minimize disruption to the department’s operations and business needs, staff members needing intermittent or reduced schedule leave must work with their supervisor to schedule the leave. During foreseeable periods of intermittent or reduced schedule leave, a staff member may be transferred temporarily to an alternative position with equivalent pay and benefits.

Cornell may ask for a recertification of the need for this leave every 30 days if the frequency of episodes of incapacity are not stated by the medical provider, and/or if the time away from work exceeds the frequency or duration noted by the medical provider on the certification forms.

To request a family health leave, staff members must notify their supervisor of the need for the leave, and complete the Family Health Leave Request Form. Within two business days of becoming aware of the need for family health leave, the supervisor or local HR representative should send the completed leave form to MLA.

In foreseeable circumstances, staff members must provide their supervisor with at least 30 days’ notice of the need for the leave. In unforeseeable circumstances, staff members must give as much notice as possible.

If the staff member does not specifically request family health leave, it is the supervisor's responsibility, after consulting with the HR representative, to request that the staff member complete the Family Health Leave Request Form. If the staff member is unavailable, the supervisor should complete the form for the staff member, and send it to MLA.

Upon receiving the completed Family Health Leave Request Form from the supervisor or HR representative, MLA will check basic eligibility criteria for the employee. If the employee does not meet basic eligibility criteria as described in the Uniform Provisions above, MLA will notify the employee and supervisor or HR representative. If basic eligibility is met, MLA will then send a tentative approval and a Health Care Provider Verification Form to the staff member for completion by the staff member and the treating physician. Upon receiving the completed Health Care Provider Verification Form, MLA will notify the staff member and supervisor of the final decision.

Family Health Leave Request Form
Health Care Provider Verification Form

There are two types of military family leaves:

1. Military Caregiver Leave: An employee may take up to 26 workweeks of leave in a single 12-month period if they are a spouse, son, daughter, parent, or next of kin* of a covered service member of the armed forces, including a member of the National Guard or Reserves, or a veteran, in order to care for the service member who has a serious illness or injury** that was incurred in the line of duty while on active duty, or that existed before the beginning of the member’s active duty, and was aggravated by service in the line of duty on active duty.
2. Military Exigency Leave: An employee may take up to 12 workweeks of leave if they have a covered family member serving in either the regular armed forces or the National Guard or the Reserves for any qualifying exigency that arises while the covered family member is on active duty status or called to active duty. Examples of qualifying exigencies include short-notice deployment; military events; childcare and school activities; financial and legal arrangements; counseling; rest and recuperation; and post-deployment activities.

*Next of Kin: The nearest blood relative.

**Serious Illness or Injury: An injury or illness incurred in the line of duty on active duty in the armed forces, or that pre-existed the member’s active duty and was aggravated by service in the line of duty on active duty, that may render the service member medically unfit to perform the duties of their office, grade, rank, or rating.
 

With proper documentation, a staff member may take a military family leave in smaller increments. To minimize disruption to the unit’s operations and business needs, a staff member needing intermittent or reduced schedule leave must work with their supervisor to schedule the leave. During foreseeable periods of intermittent or reduced schedule leave, a staff member may be transferred temporarily to an alternative position with equivalent pay and benefits.

Cornell may ask for a recertification of the need for this leave every 30 days if the frequency of episodes of absence are not stated by the medical provider, and/or if the time away from work exceeds the frequency or duration noted by the medical provider on the certification forms.

The military family leaves are subtypes of NY Paid Family Leave and family health leave. Whenever possible, NYPFL will be running concurrently and thus the NYPFL holiday language will apply. However should any portion of military family leave not be running concurrently with NYPFL, then the family health leave and holiday language applies.

Requesting Military Caregiver Leaves

To request a military caregiver leave, a staff member must notify their supervisor of the need for the leave, and complete the Military Caregiver Leave Request Form. Within two business days of becoming aware of the need for military family leave, the supervisor or local HR representative should send the completed leave form to MLA.

In foreseeable circumstances, staff members must provide their supervisors with at least 30 days’ notice of the need for the leave. In unforeseeable circumstances, staff members must give as much notice as possible.

Upon receiving the completed Military Caregiver Leave Request Form from the supervisor or HR representative, MLA will check basic eligibility criteria for the employee. If the employee does not meet basic eligibility criteria as described in the Uniform Provisions above, MLA will notify the employee and supervisor or HR representative. If basic eligibility is met, MLA will then send a tentative approval and either a Certification for Serious Injury or Illness of a Veteran for Military Caregiver Leave Form or Certification of Serious Injury or Illness of a Current Service Member for Military Caregiver Leave Form to the staff member for completion by the staff member and the appropriate certifying agency.

Upon receiving the appropriate completed certification form, MLA will notify the staff member and supervisor of the final decision. 

Requesting Military Exigency Leave

To request a military exigency leave, staff members must notify their supervisors of the need for the leave, and complete the Family Health Leave Request Form.

Within two business days of becoming aware of the need for military exigency leave, the supervisor or local HR representative should send the completed leave form to MLA.

In foreseeable circumstances, staff members must provide their supervisors with at least 30 days’ notice of the need for the leave. In unforeseeable circumstances, staff members must give as much notice as possible.

Upon receiving the completed Family Health Leave Request Form from the supervisor or HR representative, MLA will check basic eligibility criteria for the employee. If the employee does not meet basic eligibility criteria as described in the Uniform Provisions above, MLA will notify the employee and supervisor or HR representative. If basic eligibility is met, MLA will then send an acknowledgement of receipt and a Military Qualifying Event Form to the staff member for completion by the staff member. Upon receiving the completed form and applicable supporting documentation, MLA will notify the staff member and supervisor of the final decision.