Medical Leave
Medical Leave
The Family and Medical Leave Act (FMLA) provides covered employees up to 12 weeks of unpaid time off, in a rolling 12-month look-back period due to:
- your own serious health condition
You are eligible for FMLA leave if you have worked for the firm at least 12 months and worked at least 1,250 hours in the 12 months preceding the leave.
You must notify your Manager and Unum of your need for leave as soon as practicable and, if possible, at least 30 days in advance.
After receiving information from your health care provider, Unum will inform you if your absences qualify under the FMLA. If your absence does not qualify under the FMLA, Unum will determine if you are eligible for any other leave of absence.
Time off taken as Medical Leave will be counted under the Federal (and District of Columbia, if applicable) Family and Medical Leave Act (FMLA), as well as any applicable state leave entitlements.
Compensation While on Medical Leave and Budget Impact
While on Medical Leave, you may use any time off available to you during the first 5 business days of leave (known as the “elimination period”):
- Paid Time Off (PTO) (if available)
- TOP (if available)
If you are on leave for longer than seven calendar days, you may be eligible to receive Short-Term Disability (“STD”) benefits from Unum, our disability carrier.
The firm’s STD benefit is 70% of your normal base pay, to a maximum benefit of $2,500/week, for a maximum of 12 weeks. This benefit integrates with state disability, where applicable. You are responsible for contacting and completing any state forms.
Non-Exempt Employees: While receiving STD/SDI, we will increase your pay to 100% of your normal base pay by using your available Paid Time Off (PTO) days during the 5 day elimination period. Any remaining PTO, (if applicable) days will be used in hourly increments to gross up your pay to 100%.
Exempt Employees: While receiving STD/SDI, we will increase your pay to 100% of your normal base salary during the 5-day elimination period using TOP Sick (if available).
Your pay from the Firm will be calculated as if you are receiving the state benefit, whether or not you apply.
- If you are a California or Washington, D.C. employee, you are responsible for sending the Paid Family Leave (PFL) insurance form to the State.
- If you are a New York employee, you are responsible for coordinating with Unum for the Paid Family Leave (PFL) insurance.
State agencies (where applicable) will make all benefit eligibility determinations in their sole and absolute discretion.
Employees with annual hours budgets may receive budget credit for paid and unpaid medical leaves, all leaves during which our short-term or long-term disability insurance benefits are paid (including the period before benefits commence), and all pregnancy disability leave. The firm’s budget credit decisions are final and binding. For accounting purposes, time off must be coded as follows:
Pay Type |
Charge To |
Code Hours |
Budget Impact |
Bonus Impact |
PTO |
09002.00002 |
Daily Hours |
None |
None |
Unpaid |
09003.00008 |
Daily Hours |
Reduced |
Prorated |
TOP Sick 1-5 days |
09003.00012 |
1 for a full day or .5 for ½ day |
Credit |
None |
TOP Sick 6-10 days |
09003.00005 |
1 for a full day or .5 for ½ day |
None |
None |
Intermittent or Reduced Schedule Time Off
You may take time off intermittently or on a reduced schedule, when required, due to your own serious health condition.
If you are approved for intermittent or reduced schedule leave, you must provide advance notice of your time off to your Manager and Unum. You are responsible for tracking your time off in the Unum portal, Carpe Diem and/or Workday to ensure you receive the proper budget credit (if applicable) and pay integration (i.e. you may be entitled to disability benefits if your lost wages are greater than 20%).
Non-Exempt Employees Only: You may use your available PTO for intermittent time off. Once you have exhausted your PTO, time off will be unpaid. On your timecard in Workday, enter PTO if you wish to be paid for your time taken. If you have exhausted your available PTO or do not wish to be paid for your time, choose “Unpaid Time Off” and in the Comment section, enter “FMLA Time.”
Exempt (Associates/Of Counsel): Please contact Benefits-Firmwide regarding intermittent/reduced schedule.
Benefits Questions?
For questions about your benefits, contact the Paul Hastings Benefits Department
Benefits-Firmwide@paulhastings.com
(213) 683-5014
(800) 527-7459