Family Leave Policy
Clinical fellows, staff fellows and senior staff fellows are covered
by the same provisions as regular Civil Service employees for annual leave, sick
leave, and holidays. They can use accumulated annual leave for the birth or
adoption of a child; and accumulated sick leave during pregnancy and confinement
due to the birth (the period of incapacitation being determined by an employee's
physician) or for adoption-related purposes. They may also use up to 12 weeks of
unpaid leave in accordance with the Family Medical Leave Act and sick leave for
family care or bereavement, in accordance with the Family Friendly Leave
Act.
Visiting associates and visiting scientists (appointed for at least
13 months) are also covered by the Civil Service and Family Medical Leave Act
provisions.
Intramural Research Training Authority (IRTA) and Visiting fellows do
not earn or accrue annual or sick leave (but are excused on federal holidays);
however, training preceptors and sponsors may excuse fellows for reasonable
cause such as ill health and personal emergencies, and may grant a reasonable
period annually for vacation, personal relaxation, and cultural exchange. On
December 4, 1996, the Scientific Directors provided guidance, agreeing to set
six weeks as their recommended minimum for excused maternity absence for
visiting fellows and IRTAs, with two weeks of excused absence for new fathers.
The legality of this recommendation is being reviewed and the policy is subject
to supervisor/sponsor discretion, as well as future changes. Although stipends
and health insurance allowance continue through such periods of excused absence,
the period of the fellowship award is not extended due to lost time in
training.
Tenure-track investigators in the Civil Service are also governed by
the Family Medical Leave Act. By making prior arrangements, tenure-track
investigators may stop or slow the clock on the six years they are allotted on
the tenure track. With the written approval of the laboratory or branch chief,
the tenure clock may be stopped for up to one year to allow a candidate extended
family or sick leave. The tenure clock may be stopped to accommodate leave
and/or leave without pay for reasons such as childbirth, adoption, major
illness, or family emergency. The tenure clock will not be stopped for normal
annual or sick leave. Candidates should have documentation of stop-the-clock
leave on file at the time leave is taken, or shortly thereafter. With prior
approval from the laboratory or branch chief, the tenure clock may also be
adjusted to permit candidates to work part-time to allow them to care for
children or other family members. The adjustment in the tenure track will be
proportionate with the reduction made in working hours and salary. Thus, if a
scientist arranges to hold a half-time appointment for his or her first two
years as a tenure-track candidate, completing the tenure track with a full-time
appointment, he or she would be evaluated for tenure seven years after entering
the tenure track, but with six years cumulative time on the job. Adjustments in
the tenure clock may not be made after the fact, and cannot postpone tenure
evaluation more than 10 calendar years past the date a candidate began the
tenure track.
Commissioned Corps members are in a completely different personnel
system. Although they essentially have unlimited sick leave, they are not
subject to the Family Leave Act and cannot elect to work part-time to
accommodate new family responsibilities or for other reasons; thus, stopping or
slowing the tenure clock is not an option without inactivating from the
Corps.
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