Leave of Absence: Disability

Purpose

This document gives guidance on administering a leave of absence for disability.

Disability Under the Research Foundation's General Leave Policy

An employee unable to work due to illness or injury who is eligible for benefits under New York State (NYS) disability and who has exhausted sick leave credits will be placed on disability leave without pay.

An employee may use accrued vacation, holiday or personal leave to supplement disability income up to the equivalent of the employee's regular salary. For additional information, see Short-Term Disability and Use of Other Types of Leave.

An employee returning from disability leave will be reinstated to his or her former position or appointed to a comparable position dependent upon the availability of work and funds.

Disability Under the Family and Medical Leave Act (FMLA)

Under the terms of FMLA, eligible employees are allowed up to 12 weeks of unpaid leave per 12 month period for various health and family-related reasons. For additional information, see FMLA: Family and Medical Leave Act (FMLA) Overview.

How to Calculate the Maximum Rate Employees Can Charge Leave Accruals

An employee on disability leave can receive a maximum of $170/week from NYS disability. While on disability leave, the total amount the employee receives each pay period from the RF, NYS disability and voluntary short term disability cannot exceed the employee’s normal salary per pay period. The following calculation should be used to determine the amount of RF accruals needed to make up the difference between the NYS disability amount and the employee's normal RF salary.

Step

Action

1

Calculate the maximum salary the employee can earn from the Research Foundation (RF) while on disability.

(Pre-disability income - Total disability payment* = Maximum salary)

*Total disability payment = New York state disability plus RF voluntary short-term disability payment.

2

Calculate the appropriate full time equivalency (FTE) based on the maximum salary the employee can earn.

[(Maximum amount employee can earn after receiving disability FTE) Pre-disability income = Maximum FTE]


Situation:

Employee was working full time.

Employee has an annual salary of $50,000 ($1923.07/pay period) at 1.0 FTE.

Employee receives $170.00/week total disability ($340.00/pay period).


Calculation:

$1923.07 - $340.00 = $1583.07 Maximum salary employee can earn from RF while receiving disability payments.

($1583.07 1.0) / $1923.07 = 0.82 FTE.


Result:

This employee may charge accruals at the maximum rate of 0.82 FTE while they are receiving disability payments.


Situation:

Employee was working part time.

Employee has an annual salary of $50,000 ($1923.07/pay period) at 0.60 FTE.

Employee receives $170.00/week total disability ($340.00/pay period).


Calculation:

$1923.07 - $340.00 = $1583.07 Maximum salary employee can earn from RF while receiving disability payments.

($1583.07 .06) / $1923.07 = 0.49 FTE.


Result:

This employee may charge accruals at the maximum rate of 0.49 FTE while they are receiving disability payments.

Change History

 

 

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