Employees Unable to Work
Accommodations and Leaves of Absence
There are federal and state protections for employees who are unable to return to work including the Family and Medical Leave Act (FMLA), New York State COVID-19 Paid Sick Leave, and Americans with Disabilities Act (ADA).
FIT acknowledges that it is a community of individuals with different abilities and personal situations. If you have been instructed to return to work and have concerns about doing so due to a medical condition, you may request an ADA reasonable accommodation related to returning to the workplace. If it is confirmed that you are required to work on campus, and you need an accommodation or leave of absence, please refer to each section below which includes how to submit the respective work-related accommodation or leave request and an HR team member will contact you to privately discuss your needs.
The FMLA entitles eligible employees to take unpaid, job protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if leave was not taken.
To be eligible for FMLA, you must have completed 52 weeks of work service within the previous 12-month period, and at least worked 1,250 hours during the 52 weeks immediately prior to the leave request.
You may be eligible for FMLA due to the following qualifying reasons:
- a serious health condition (including pregnancy, prenatal medical care, childbirth and on-the job illnesses and injuries) that makes the employee unable to perform at least one of the essential functions of their position
- the birth of a newborn or for placement with the employee of a child for adoption or foster care
- to care for the employee’s immediate family member (spouse, child, or parent) with a serious health condition
- any qualifying exigency arising out of the fact that the employee's spouse, child, or parent is a covered military member called to active duty or incurred a serious injury/illness in the line of active duty
What to Do:
- Please review all related information on the HR website at FIT FMLA Resources.
- Submit an initial request to HR via the HR Solution Center and a private consultation will be scheduled to discuss your situation and options.
Under the NYS COVID-19 Paid Sick Leave, paid leave may be granted if you or your minor dependent are under a mandatory or precautionary order of quarantine or isolation issued by the state of New York, the Department of Health, local board of health, or any government entity duly authorized to issue such order due to COVID-19.
If you are an FIT employee, you are entitled to up to 14 days of paid leave at the regular rate of pay, based on your regular work schedule. If you are an FIT Foundation or Student Housing employee, you are entitled to up to five (5) days of paid leave at the regular rate of pay, based on your regular work schedule. This benefit is not available if you are able to work through remote access or other means. Leave requests falling under the NYS COVID-19 Paid Sick Leave do not require that you utilize your FIT leave banks.
What to Do:
If you require a leave covered by the NYS Paid Leave for COVID-19, please review the required forms below:
- FIT Leave Request Form - NYS Paid Leave for COVID-19 (Provides 14 days of pay if remote work not applicable)
- FIT Foundation and Student Housing Request Form - NYS Paid Leave for COVID-19 (Provides 5 days of pay if remote work not applicable)
You must complete and submit the applicable request form (above) via the HR Solution Center.
The ADA defines “disability” as a physical or mental impairment that substantially limits a major life activity or a history of a substantially limiting impairment. An employee may request continued work from home or a leave of absence as an accommodation.
Employees who are diagnosed with COVID-19 may ask to work from home as an accommodation while they recover from their illness.
Employees with pre-existing disabilities or medical conditions that place them at a higher risk from COVID-19 may also request remote as an accommodation. Pregnant employees or employees with weakened immune systems may request to continue working from home to reduce their risk from COVID-19 exposure. Employees with mental health disabilities may also request accommodations because of COVID-19.
What to Do:
If you require an accommodation, you must complete the online ADA Request Form. Once submitted, an HR business partner will contact you to begin the interactive process.