1. A non-tenured member of the standing faculty shall be eligible for an extension of the tenure probationary period, a clinician-educator in the health schools or in the School of Social Work shall be eligible for an extension of the promotion review period of ten years, and a member of the research faculty shall be eligible for an extension of the six-year review period, corresponding to the semester or year during which any of the following events occurred:

1. a child is (or, provided that the child had not reached his or her second birthday, was during the immediately preceding semester or summer) born, adopted, or placed for foster care, into the faculty member's household;
2. by reason of a serious health condition (as defined in Section 2611(11) of the Family and Medical Leave Act of 1993) persisting for a substantial portion of the period for which the extension is sought, the faculty member is required to act as the primary caregiver for a parent, child, spouse, or domestic partner (as defined in the domestic partner benefits policy); or
3. by reason of a serious health condition (as defined in Section 2611(11) of the Family and Medical Leave Act of 1993) persisting for a substantial portion of the period for which the extension is sought, the faculty member is unable to perform the functions of his or her position.

In the event that both spouses or domestic partners (as defined in the domestic partner benefits policy) are members of the standing faculty, or the research faculty, or clinician-educators, both spouses and domestic partners are covered by sections A.1 and A.2 of this section.

The length of the extension shall be one year unless the faculty member requests one semester instead and the department chair and the dean agree to its feasibility in light of the school's tenure review process.
 

Extensions of the tenure probationary period shall be without prejudice to the obligation of the University to provide faculty members with twelve-months' notice of termination.

Requests for extensions of the tenure probationary period shall be made in writing via the Chair and/or Dean for consideration by the Provost's Staff Conference subject to timeliness requirements adopted and publicized by the faculty member's school. Normally, requests will be viewed favorably by the University and granted unless specific and compelling factors require their denial. The action of the Provost shall be communicated in writing to the faculty member and shall specify any revised date of tenure review and termination date of the probationary period and (in the event that the request is denied) shall specify the grounds for the denial.

N.B. The statute defines a "serious health condition" as "an illness, injury, impairment, or physical or mental condition that involves"-- "(A) inpatient care in a hospital, hospice, or residential medical care facility"; or "(B) continuing treatment by a health care provider." "Health care provider" is defined (2611(6)) as: "(A) a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; or "(B) any other person determined by the Secretary [of Health and Human Services] to be capable of providing health care services."