CHAPTER THREE: 3710 EMPLOYMENT INFORMATION CONCERNING FACULTY AND STAFF July 2017 3710 LEAVE POLICIES FOR ALL EMPLOYEES PREAMBLE: This section describes the various kinds of leaves that are available for all UI employees. (See section 3720 for Sabbatical Leaves limited to faculty members.) This section and the following one were original parts of the 1979 Handbook. The most substantive changes since that time have been the addition (under Governor Andrus) and subsequent deletion (under Governor Batt) of service leave for children at school and changes to subsection L that reflect changes in federal regulations. In 2002 extensive changes were made to subsection K that reflected Regent policy and current practice. In 2008 extensive changes to this policy were approved following many years of committee work involving Faculty and Staff Affairs, General Counsel, and Human Resources and a new section M was added on servicemember family leave due to a federal law change. In July 2010 a section R was added to address the Fiscal Year 2010 Furlough and in July 2011 section R was removed and a new policy, FSH 3450, was created to address employment actions such as temporary furloughs. In 2015 and 2016 many changes were put in place to comply with federal regulation changes on family medical leave, a new section on Parenting Leave was added, and to allow employees more flexibility in leave use. In 2017 additional edits were made for clarification purposes and cleanup. In 2019, changes were made pursuant to FSH 1460 C-3 to comply with Idaho Code 59-1608 and 67-5343 and for clarification purposes. Unless explicitly noted, the text is as of July 1996. Further information is available from Human Resources (208-885-3609). [ed. 7-97, 7-05, rev. 7-98, 7-02, 1-08, 2-08, 7-10, 7-11, 7-15, 7-16, 7-17] CONTENTS:
A.
General
B.
Annual Leave
C.
Sick Leave
D.
Holidays
E.
Parenting Leave
F.
Military Leave
G.
Leave for Court Required
Service and Voting
H.
Leave for Campaigning for or Service in Public Office
I.
Administrative Leave
J.
Academic Transitional Leave
K.
Terminal Leave
L.
Shared Leave
M.
Family Medical Leave
N.
Service member Family and Medical Leave
[add. 2-08]
O.
Personal Leave
P.
Extended Medical Leave
Q.
Leave for Professional Improvement
R.
Exceptions
A-1.
The University of Idaho (hereinafter referred to as university) strives to
offer leave programs that are both comprehensive and flexible to meet
employee needs. Leave with or without pay is extended to employees under a
variety of circumstances described below. Exceptions may be granted in
special circumstances [see R below; APM 55.09, 55.07, 55.38; FSH 3120, 3720
and 6230]
[ed. 2-08, 7-10, 7-16]
A-2.
The term "leave" refers to an employee's absence from duty. Each leave type
as contained in this policy discusses circumstances in which such an absence
may be continued with pay when leave accruals are available or when leave is
approved without pay. Certain types of leave may require or provide options
to take one leave concurrent with another. For example, sick and annual
leave may be taken or may be required to be taken concurrently with other
types of leave. All leaves are subject to approval.
A-3.
Unless otherwise noted, for purposes of this policy, "immediate family
member" includes: your spouse, your child, parent, brother, sister,
grandparent, and these same relationships of a spouse, by marriage,
adoption, or foster arrangement. An immediate family member may also include
an individual who has assumed a similar relationship to those above, other
than the relationship of spouse*, and for whom the employee or the
individual has had financial responsibility for the other. An immediate
family member also may include any individual who is a qualified dependent
under IRS regulations. The university reserves the right to request
documentation establishing financial responsibility or qualifying status as
an IRS dependent.
*Due to the 2006 "marriage amendment" to the Idaho Constitution the
university, despite the wishes of the Faculty Senate, is unable to include
domestic partnerships.
[ed. 1-10]
A-4.
Separation from employment or the term terminating employee refers to an
employee's separation from all employment.
A-5.
A break in State of Idaho service is defined as job termination that is
separated by at least three (3) business days prior to re-employment with
the university or any other State of Idaho employer.
A-6.
Full and part-time employees are eligible for some or all leaves discussed
in this policy.
a.
Benefit-eligible
employees are those who hold a board-appointed position [FSH 3080] and are
employed at least half time or greater.
b.
Individuals who are
employed at least half time or greater as temporary help (TH) and who are
expected to complete five (5) months or more of continuous university
service and are eligible to participate in the Public Employers Retirement
Plan for Idaho (PERSI) are eligible for limited benefits, including annual
leave, sick leave and pay for holidays on which they do not work [FSH 3090].
A-7.
Leave may not be taken in advance of accrual and may not be taken in excess
of 80 hours in a pay period.
[rev.
7-15]
A-8.
Leave may not be
taken on an employee's first day of employment. If an employee is unable to
report for work on their specified first day of employment; employment will
not begin until the first day that the employee reports for active duty.
A-9.
All employees, including faculty and exempt employees, are responsible for
recording all leave taken on bi-weekly time reports and complying with the
terms of leave policies, including, but not limited to:
a.
completing
application for leave and providing medical evidence and other requested
information;
b.
abiding by any and
all return-to-work restrictions; and
c.
returning to work
following expiration of approved leave.
Failure to uphold these responsibilities may result in absence without
approved leave. Eligibility to preserve employment may be affected and/or
the employee may be subject to disciplinary action, up to and including
termination from employment as provided in appropriate university policies
[FSH 3910, 3920 and 3930].
A-10.
Exempt employees (full-time FLSA) who work at least four (4) hours in a day
will be paid regular pay for the full day. If they work fewer than four (4)
hours, the difference will be charged to the appropriate accrued leave. If
the employee is on approved intermittent Family and Medical Leave (FML) they
must report each hour missed.
[ed. 7-16]
Employees who are not
exempt from earning overtime accrual or payments shall record all approved
absences in 1/4-hour increments, except when time loss has been made up
through an approved flexible schedule.
A-11.
Absent written agreement to the contrary, an eligible employee typically
earns credit toward retirement plan vesting (see your PERSI, IORP or federal
retirement plan document for details) and earns annual and sick leave
accruals during the portion of any leave that is paid, except that sick and
annual leave do not accrue during terminal leave [K], or in some
circumstances during administrative leave [I-5]. An employee typically will
not be given such credit for any periods of unpaid leave.
[ed. 7-16]
A-12.
No break in service will occur during any approved paid or unpaid leave for
the purposes of determining eligibility for retiree health benefits.
A-13. Attendance at work is a job requirement for all positions at the university. Excessive absenteeism can affect job performance and the employee may be subject to disciplinary action. [add. 7-17]
A-14.
Departmental administrators are responsible
for approving and ensuring the reporting of leave, via Banner, taken by the
employees in their respective units. For procedures regarding reporting and
monitoring leave see APM 55.08. The Banner system and Human Resources
records are the official university leave records.
[ed. 7-10, ren. 7-17]
A-15.
Human Resources is responsible for coordinating requests and reviewing
compliance with all types of leave other than sick, annual and medical
appointment leave discussed in this section. [APM 55.09]
[ed. 7-10, ren. 7-17]
B.
ANNUAL LEAVE.
B-1.
Employees receive annual leave based on their classification of employment.
[FSH 3080]
a.
Classified Employees on full-time fiscal-year appointments accrue annual
leave based on hours worked at the rate of approximately 3.7 hours bi-weekly
for the first five full years of service, with a maximum accumulation of 192
hours; 4.6 hours bi-weekly up to 10 years of service, with a maximum
accumulation of 240 hours; 5.5 hours bi-weekly up to 15 years of service
with a maximum accumulation of 288 hours; and 6.5 hours bi-weekly for more
than 15 years of service with a maximum accumulation of 336 hours. [RGPP
II.E.3; FSH 3080; APM 55.08 and 55.09]
[ed. 7-10]
b.
Faculty on full-time fiscal-year appointments and exempt employees,
including postdoctoral fellows, accrue annual leave at the rate of 7.4 hours
bi-weekly and may accumulate a maximum of 240 hours. [RGPP II.F.3, FSH 3080,
APM 55.09]
[ed. 7-10]
c.
Faculty who hold
academic-year appointments do not accrue annual leave. Their periods of
obligation and leave are governed primarily by the academic calendar,
subject to stipulation by the employee's dean. [FSH 3120]
B-2.
Annual leave for classified and exempt appointment of less than 100%
full-time, but equal to or greater than half-time, is accrued based on hours
worked and at a rate based on the employee's classification [B-1]. No annual
leave is accrued for less than half-time service.
B-3.
Temporary employees who are eligible for PERSI accrue annual leave beginning
on the first day of employment in an eligible position at a rate of .04625
times hours worked within each bi-week, however leave is not earned until
the benefit qualification period has been satisfied.
[ed. 7-16]
Annual leave for qualified
temporary employees accrues, but is not earned until the employee has worked
at least 20 hours per week and for a period of at least five (5) months (the
benefit qualification period). Approval to use accrued, but unearned annual
leave may be approved by the employee's supervisor under special
circumstances. However, in the event that accrued annual leave is taken
before it is earned and the employee also voluntarily separates or is
terminated for cause before annual leave is earned, the value of unearned
annual leave taken will be withheld from pay, other earning or payments or
must otherwise be repaid to university.
Leave Accrual Example:
Annual leave accrues based
only on hours worked.
62 hours worked times
.04625 results in 2.90 hours of accrual and may accumulate to a maximum of
192 hours.
[ed. 7-16]
B-4.
Annual leave accrual is temporarily suspended when the accumulation reaches
the maximum allowance. Once the leave accumulation drops below the allowed
maximum, accruals resume.
B-5.
Employees eligible for overtime earn overtime based on only hours worked.
There is no overtime accrual based on annual leave, sick leave, compensatory
time, holidays or any other paid time off.
B-6.
Annual leave continues to accrue while on any paid leave, except that annual
leave does not accrue on hours of compensatory time used; during terminal
leave [K]; during academic transitional leave [J] or for temporary employees
who accrue annual leave based only on hours worked.
B-7.
At the employee's option, accrued annual leave may be used during any
approved leave that could otherwise be taken as sick leave. See E-3.
Parenting Leave for the requirement to use sick leave prior to use of annual
leave. [RGPP II.I.2.b.]
B-8.
Annual leave must be scheduled in advance and requested in writing by the
employee. Annual leave may not be taken without the supervisor's written
approval. Both the employee's vacation preference and business needs of the
unit must be considered in establishing mutually agreed periods of leave
[APM 55.09].
[ed. 7-10]
a.
Supervisors are responsible for coordinating and approving requests for
annual leave of all employees in their respective units.
b.
An employee on approved annual leave, who becomes eligible to use sick leave
through unforeseen events, may use sick leave in lieu of annual leave.
Documentation to support the use of sick leave may be required.
[rev. 7-16]
B-9.
Leave balances are paid to employees upon separation (i.e. resignation,
retirement layoff, non-renewal, termination) from all State of Idaho
employment [IC 67-5334]. Leave balances are transferred from the university
to other State of Idaho employers when the university employment ends and a
new position is accepted with any State of Idaho employer when there is no
break in state service [A-5]. However, the university reserves the right to
require an employee to exhaust some or all annual leave prior to any job or
employment separation.
Employees funded on grants
or contracts are expected to use all earned annual leave during the
appointment before expiration of the grant(s) or contract(s). Employees
separating employment upon the expiration or termination of a grant or
contract, will be required to use annual leave before their last day of
employment.
[rev. 7-16]
In the event of an
employee's death, payment is made to his or her estate.
The effective date of the
employee's separation is the last day on which he or she reports to work for
the university, unless Human Resources has approved a written request for
alternative termination arrangements that are in the best interests of the
university.
[ed. 7-16]
A termination extended
through the use of accrued annual leave must be approved in advance, in
writing, by Human Resources and unit administrator and shall be treated as
terminal leave.[J and APM 50.20][ed.
7-16]
In the event that an
academic administrator transitions from a position eligible for annual leave
to a faculty position in which annual leave does not accrue, balances should
be exhausted prior to the start of the new appointment. Leave balances that
cannot be used will be carried forward. If not used, the balance of unused
annual leave will be paid at the time of separation of all State of Idaho
service. Carry forward of annual leave balances exceeding eighty (80) hours
must be approved in advance by Human Resources.
[ed. 7-16]
B-10.
Any individual, regardless of type of appointment, with an annual leave
balance who transfers or who is reassigned to another unit within the
university may be required to exhaust all existing annual leave prior to
starting the new assignment.
B-11.
Payment in lieu of annual leave taken for any reason other than separation
from employment is granted only by exception or under other special
circumstances within the business needs of the university.
B-12.
Eligibility requirements for annual leave for temporary help (TH) can be
found in FSH 3090.
C. S
ICK
LEAVE.
C-1.
Employees that work at least 40 hours in a bi-weekly pay period for at least
five (5) consecutive months accrue sick leave. Accrual is approximately 3.7
hours bi-weekly for full-time service. [FSH 3090 C]
C-2.
Sick leave accumulation for half-time but less than full-time service is
accrued proportionately based on hours worked and earned at the rate of
.04625 for each hour worked.
[ed.
7-16]
C-3.
Sick-leave may be accumulated without limit.
C-4.
Sick leave cannot be taken in advance of accrual. If, at the end of a
bi-weekly pay cycle, absences exceed sick leave accumulation, the hours will
be charged to compensatory time first, if available, and then to annual
leave. If there is no leave accumulation, time will be unpaid.
[ed. 2-08, rev. 7-16]
C-5.
Sick leave continues to accrue while on any paid leave, except for hours of
compensatory time used; during terminal leave; and/or during academic
transitional leave [J].
[ed. 7-16]
C-6.
Sick leave may not be used in lieu of annual leave, except when the
conditions of B-8. b. above have been met.
C-7.
Sick leave may be taken only as follows:
a. Illness
or Serious Medical Condition
of
Employee.
An employee's own illness, injury, or childbirth that prevents the employee from
performing his or her assigned duties; or in the event of exposure to
contagious disease if, in the opinion of responsible authority, the health
of others would be jeopardized in the work place.
[rev. 7-16, ed. 7-17]
b. Illness
or Serious Medical Condition
of an
Immediate Family Member.
When the illness, injury,
or childbirth of an immediate family member as defined in [A-3] of this policy
requires the attendance of another, the employee may use his or her own
available sick leave.
c.
Death of an Immediate Family Member.
In the event of a death of an immediate family member as defined in
[A-3] of this policy; up to fifteen (15) days of sick leave may be used
immediately following the event, but can be extended if there are special
circumstances. The unit administrator and Human Resources may approve an
extension of leave for up to a total of thirty (30) days of sick leave.
[ed. 7-16]
d. Death of a Family Member.
Sick leave usage for the death of a family member other than a member of the
immediate family as defined in [A-3] of this policy is limited to a maximum
of five (5) days of sick leave immediately following the event.
e. Medical
Appointments.
Personal or family
appointments for medical, dental, optical treatment or examination, or
meeting with an Employee Assistance Program professional, including time for
travel to and from such appointments. An employee is allowed up to two hours
of time off per month for such appointments without charge to sick leave
provided satisfactory arrangements have been made with the employee's
supervisor. If the employee has absences totaling more than two hours in a
month, such absences must be reported and charged to sick leave. There is no
carryover balance from mont
h
-
to
-
month.
f.
Parenting
/Adoption.
All eligible
employees are entitled
to
use
sick leave for parenting
/
adoption
as provided in E. Parenting Leave
.
[rev. 7-16]
g. Organ Donation.
Full-time employees may use up to five (5) workdays of prior approved organ donation leave to serve as a bone marrow donor and may use up to thirty (30) workdays of prior approved organ donation leave to serve as a human organ donor. Documentation must be provided to Human Resources in advance of the use of Bone Marrow or Organ Donation leave. Bone Marrow or Organ Donation leave does not reduce the employee’s leave balances and is with continued pay and benefits up to the limits noted. Additional leave may be requested through an approved family medical [M] or personal [O] leave.
[ed. 2-08, 7-16, 10-19]
C-8.
Documentation may be required to be
submitted to Human Resources to support absences. Absences that occur during
an approved family medical leave [M] are exempt from these requirements.
[rev. 7-16, 7-17]
C-9.
The federal Family Medical Leave Act of 1993 (FMLA) was adopted as law to
protect the best interest and job security of employees. The university may
initiate family medical leave (FML) and will apply FML concurrently with
sick leave when the employee's own illness, work-related injuries, or an
illness of a family member is covered by FML.
[ed. 7-16, rev. 7-17]
C-10.
An employee may be eligible for FML after three (3) consecutive days of sick
leave, unpaid or other absence [M-4] and may initiate a request for FML at
any time prior to an absence which they suspect may qualify. However, the
university may also initiate FML and will typically take steps to determine
if an absence qualifies as FML when an employee has missed five (5)
consecutive workdays or longer by providing the employee with a medical
certification form and FML application. A failure to comply with a request
to complete and return the medical certification form and the FML
application may result
in absence without pay and/or disciplinary action, up to and including
dismissal from employment (see
FSH
3910, 3920 and 3930).
[rev.
7-16, 7-17]
C-11.
Employees transferring without a break in service from a qualified Idaho
state agency or from the university to another state agency will be credited
with their accrued sick leave by the receiving agency. All unused sick leave
is forfeited when an employee is separated from state service. No
compensation is made for such unused leave, except as provided in C-12 in
the case of employees who are retiring from the university. If an employee
returns to state service or to the university within three (3) years after
separation, sick leave forfeited at the time of separation will be
reinstated.
C-12.
Employees who retire and then return to work at the university may not be
entitled to reinstatement of sick leave balances. In this instance, only the
unused
portion of sick
leave that was converted at the time of retirement
[C-13 and FSH 3730 C] to pay for
retiree health benefits may be reinstated for employees who separate for
retirement purposes and later return to work at the university.
C-13
.
An employee who retires under the eligibility conditions for retirement or
disability retirement as stated in FSH 3730 may apply a pre-determined
amount of unused sick leave accrued since July 1, 1976, as payment for
continued coverage under the university retiree health program. [FSH 3730,
APM 55.39]
[ed. 7-10]
D. HOLIDAYS.
D-1.
The university is closed at least eleven (11) holidays each fiscal year.
[FSH 3460 F-2]
[ed. 7-16]
D-2.
Benefit-eligible employees [A-6.a.] who are employed full time (87.5 percent
or greater) receive holiday pay based on eight (8) hours for each holiday.
An employee who works a compressed work schedule to include more than eight
(8) hours each day, such as four (4) ten-hour workdays in one week, will
still receive only eight (8) hours of holiday pay. With supervisor approval,
the employee may make up the difference between their regular hours of work
and the holiday pay for that day (two [2] hours in this example) through a
flexible work schedule within the same work week [FSH 3460], or may use
accrued compensatory time or annual leave, or take the time as
unpaid.
D-3.
Benefit-eligible employees [A-6.a.] who are employed at least half time but
less than full-time, are entitled to receive holiday pay, pro-rated based on
the average number of hours scheduled each week. The number of hours
scheduled on a routine basis (not the hours worked in the week in which the
holiday falls) is divided by five (5) days. For example:
20 hours per week / 5 = 4
hours of holiday pay
25 hours per week / 5 = 5
hours of holiday pay
30 hours per week / 5 = 6
hours of holiday pay
D-4.
The university embraces diversity and recognizes that our workforce is
derived from many diverse cultures to include many different religious
preferences. An individual may be absent from work to observe a religious
holiday consistent with his or her own religious beliefs and practices when
the day is not consistent with the university's official holidays, provided
advance notice is given. Pay for these absences are as follows:
a.
Benefit-eligible employees may use their accrued compensatory time or annual
leave to receive pay for an observed religious holiday that is not an
official university holiday.
b.
Employees who are not benefit-eligible, or who do not have compensatory or
annual leave available, may observe the holiday without pay; or, with
advance supervisory approval, employees may make up the hours in the same
work week [FSH 3460].
D-5.
Benefit-eligible employees are entitled to holiday pay while they are on other approved paid leave, or during any portion of paid or unpaid family medical leave. Extended medical leave and non-FML parenting leave are not family medical leave. Employees on unpaid extended medical leave or unpaid non-FML parenting leave are not entitled to holiday pay.
E.
PARENTING LEAVE.
(Available to UI employees listed in A-6 (a) who
also meet the specific eligibility criteria as described in Section E)
[add. 7-15, rev. 7-17]
E-1. Definitions. a. "Parenting" is defined as the period of bonding that occurs within the first twelve (12) months of the birth, adoption or foster placement of the child in the family. [add. 7-17]
b. "Parenting Leave" is leave taken by an employee under section E to bond with a child within the first twelve (12) months of the birth, adoption or foster placement of the child in the family. Parenting leave is separate and distinct from medical leave taken by a birth mother related to serious health conditions associated with pregnancy and child birth and from medical leave taken by either parent to care for a child with a serious health condition. See Family Medical Leave Section M-1 for the relationship of Parenting Leave under this Section E and Family Medical Leave under Section M of this FSH 3710. [add. 7-17]
c.
Son or daughter means a biological, adopted, or foster child, a stepchild, a
legal ward, or a child of a person standing in loco parentis, who is either
under age 18, or age 18 or older and incapable of self-care because of a
mental or physical disability.
[rev.
7-16]
E-2.
Employees are eligible for Parenting Leave on or after
180 days
from their date of hire. Employees must also successfully complete any
applicable initial probationary period or (extension thereof) to be
eligible.
Eligible employees are entitled to 12 weeks of job protected leave
with continuation of group health insurance coverage within 12 months of the
birth, adoption, or foster placement of a son or daughter. This is considered non-FML parenting leave.
[rev. 7-16, 7-17. ed. 10-19]
E-3.
If both parents are employees of the university and eligible for FMLA
leave under Section M, each is entitled to take the same amount of parenting
leave as allowed for a single employee. Only one employee is entitled to
parenting leave if both parents, as employees, have not met FMLA eligibility
requirements as stated in M-3.
[rev.
7-16, ren. 7-17]
E-4. Employees can choose to use a combination of accrued paid leave or unpaid leave. Employees must first use accrued sick leave (see FSH 3710 M-2). However, when the combination of the employee's remaining sick leave, plus any additional accrued paid leave that may be available to the employee falls below 80 hours, then the employee may elect to use unpaid leave for parenting. [rev. 7-16, ren. & rev. 7-17]
E-5.
Parenting Leave should be applied for through Benefit Services.
When the need
for Parenting Leave is foreseeable, an employee must request an application
at least thirty (30) days in advance of the need for leave. When events are
not foreseeable, employees must provide as much notice as is possible.
If an employee is eligible for FMLA leave under Section M, the
Parenting Leave described in this section E. is intended to encompass the
university's obligation to provide Family Medical Leave under the federal
Family Medical Leave Act.
[rev. 7-16,
ren. 7-17]
E-6.
Health benefits
continue during Parenting Leave on the same basis as for any
similarly-situated employee who is actively at work, regardless of whether
the employee is using other forms of accrued leave or taking leave unpaid.
The employee's share of cost for health coverage is the amount that is
typically payroll-deducted for the employee's own coverage and/or coverage
for his/her dependents. The employee is responsible for payment of these
amounts during leave.
Payroll deductions will be continued for any portion of the leave that is paid. During any portion of leave when no pay is received, the employee must make arrangements to self-pay these amounts. Retirement plan contributions, leave accruals , holiday pay, and credit toward vesting are suspended during unpaid portions of Parenting Leave.
[add. 7-16, ren. 7-17, ed. 10-19]
E-7.
Upon return from Parenting Leave, employees will be assigned to their
same or similar position with equivalent pay and status.
[add. 7-16, ren. 7-17]
E-8.
Leave may not be used for both foster care and adoption consecutively
if foster placement leads to that adoption of the son or daughter.
[ren. 7-16, 7-17]
E-9.
Alternate or reduced work schedules are addressed in FSH 3710 M-13 b.
[ren. 7-16, 7-17]
E-10.
See FSH 3710 R-1 for exceptions to university leave policies.
[ren. 7-16, 7-17]
F. M
ILITARY
LEAVE.
When an
employee goes on military leave it is not considered a break in service.
(Available to all UI employees as described in Section F)
[ren. & rev. 7-16, rev. 7-17]
F-1.
Faculty and staff, regardless of whether or not they hold a fiscal-year or
academic-year appointment are eligible for leave of up to one hundred twenty
(120) hours per calendar year for active duty or military training.
Employees who are in board-appointed
positions [FSH 3080] are eligible for full pay while on paid military leave.
When called to active duty or training, the university will pay the
difference between military pay received from the U.S. or State government,
but cannot duplicate pay. The employee must provide documentation of
military pay received during leave, within ninety (90) days of return from
leave or upon earlier job separation. The employee is required to repay to
the university any amount which exceeds their regular base pay for the same
period. Unpaid military leave may be requested if the employee knows their
military pay will exceed their university pay. Annual and sick leave credit
towards length of service for retirement plan, and other vesting will
continue to accrue according to the applicable plan documents.
Instead of taking military leave, an
employee may request annual leave on the same basis as any other vacation or
other time off and if approved, retain full military pay. [APM 55.09 and
55.38]
[ed. 7-10, rev. 7-16]
F-2.
Any employee who is called to active duty and/or is required to serve more
than one hundred twenty (120) hours is eligible for up to five (5) years of
military leave. Eligibility for employee health coverage will continue at a
minimum through the first thirty (30) calendar days of service while on an
approved military leave. The employee will be required to pay the employee
share of the health care costs, as well as the costs for his/her dependents.
[ed. 7-16]
F-3.
An employee may choose to use annual leave and/or accrued compensatory time
for military service and continue to receive pay and benefits at any time.
[rev. 7-16]
F-4.
Military leave beyond the first one hundred twenty (120) hours is generally
granted without pay and benefits. Health care coverage will end for the
individual who is called to active duty after the first thirty (30) days of
service. However, coverage for his/her dependents may continue and are
subject to the applicable benefits based on the university's current Summary
Plan Document at the time of reinstatement: contact Benefit Services.
F-5.
An employee may also have the right
to life insurance portability or conversion to an individual life insurance
policy following termination of benefits in the group plan.
[rev. & ren. 7-16]
F-6.
Upon reinstatement to active university employment, the employee's health
plan will resume as if their employment had not been interrupted.
[ren. &rev. 7-16]
F-7.
In accordance with state and federal law, an employee upon return will be
reinstated to his/her former position or a comparable position without loss
of seniority, status or pay rate provided the employee returns with an
honorable discharge and within five (5) years from departure date from the
university.
[ren. 7-16]
a.
In some situations, re-employment may not be possible, such as when there
has been a significant change in circumstances, if re-employment would
impose an undue hardship on the university or department, or if the person's
employment was temporary in nature, such as positions that are grant-funded
for a specific duration and/or temporary help (TH) positions.
1.
If the returning employee's skills need upgrading to meet the requirements
for a prior or promoted position, the university will make reasonable
efforts to refresh or update these skills unless such efforts would create
undue hardship for the university.
2.
When an employee with a service-related disability is not qualified to
perform the essential functions of his/her job after the university has made
reasonable efforts to accommodate the disability, the employee may be placed
in another position of comparable pay, rank, and seniority.
b.
Employees returning from military leave must provide the university with
written timely notification of intent to return to their position. The
university may require documentation that the person's application for
reemployment is timely and that the person's discharge from uniformed
services was under honorable conditions. University procedures will follow
the applicable state and federal law, including but not limited to the
Uniformed Services Employment & Reemployment Rights Act (USERRA), 38 U.S.C.
4301-4333, enforced by Department of Labor's Veterans' Employment & Training
Services (VETS) (www.dol.gov/vets.)
F-8.
Retirement benefit
contributions are suspended while the employee is on unpaid military leave
when the one hundred twenty (120) hours per F-1 have been exceeded. Upon
reinstatement to active university employment after military leave,
reenrollment in the retirement plan will be accomplished in accordance with
the plan documents.
[ren. & rev.
7-16]
a.
Credited state service continues during military leave as though no break in
employment has occurred.
b.
The employee may elect to make up any employee contributions missed during
an approved military leave. Such contributions must be paid into the plan
within a period not to exceed three (3) times the length of the military
leave, up to a maximum of five (5) years.
c.
The university will contribute the regularly scheduled match contributions
for any employee make-up payments made in connection with an approved
military leave.
d.
For purposes of determining eligibility for retiree health coverage,
military leave will not count as a break in service provided that
re-employment occurs within the parameters of this policy. Further, an
employee will receive university service credit for purposes of determining
eligibility under the Retiree Health Program [FSH 3730] during the fifteen
(15) days of approved paid military leave; however, the employee will not
receive service credit for purposes of determining eligibility under the
Retiree Health Program [FSH 3730] for any unpaid military leave.
F-9.
This policy is
intended to comply with applicable state and federal laws, including the
Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994.
To the extent that any provision of this policy is ambiguous and/or
contradicts the Act or any other law, the applicable law or Act will
prevail.
[ren. 7-16]
G.
LEAVE FOR COURT REQUIRED
SERVICE AND VOTING.
(Available to all UI employees as described in
Section G)
[ren. 7-16, rev. 7-17]
G-1.
Any employee who is summoned for jury duty or subpoenaed as a witness before
a court of competent jurisdiction or as a witness in a proceeding before any
federal or state administrative agency will be granted leave.
Benefit-eligible employees will be granted leave with pay, except as
provided below in G-2. Travel expenses in connection with this duty are not
subject to reimbursement by the university. [RGPP II.I.5.a.2; APM 55.09]
[ed. 7-10, 7-16]
G-2.
An employee must request annual leave or personal leave without pay for the
following:
a.
appearing as a party in a non-job-related proceeding involving the employee;
b.
appearing as an expert witness when the employee is compensated for such
appearance; or
c.
appearing as a plaintiff or complainant, or as counsel for a plaintiff or
complainant, in a proceeding in which the Board of Regents or any of its
institutions, agencies, school or office is a defendant or respondent. [RGPP
II.I.5.a.]
G-3.
Polling places are typically open extended hours and absentee voting is
widely available. However, employees who are unable to vote outside of
scheduled hours will be allowed time off to vote. If available, an employee
may use accrued annual leave, compensatory time or, if approved in advance,
may be able to make up time lost to vote within the same work week [FSH
3460] through a flexible work schedule. Otherwise, time off will be
approved, but unpaid.
H.
LEAVE FOR CAMPAIGNING FOR
OR SERVING IN PUBLIC OFFICE.
Available to UI employees as described
in Section H)
[ren. 7-16, rev. 7-17]
H-1.
The president
approves requests for leaves of absence for the purpose of campaigning for
or serving in public office [RGPP II. I.5.c.]. See FSH 6230 E for provisions
concerning leave for campaigning and serving in public office.
H-2.
It is the Board of Regent's intent that state salary not be duplicated to an
employee serving as a member of the Idaho Legislature. Any leave for serving
as a member of the Idaho State Legislature will be unpaid when the
Legislature is in session [RGPP II.I.5.c.2.]. Certain benefits may continue
during the unpaid leave; however, the employee must pay the full cost of
coverage.
I.
ADMINISTRATIVE LEAVE.
(Available to all UI employees as described in Section I)
[ren. 7-16, rev. 7-17]
I-1.
Administrative Leave is leave with pay and benefits. An employee will
continue to receive pay and leave accruals in accordance with their regular
rate and maintain eligibility for other benefit programs. (Terminal leave
(K) and academic transitional leave (J) are not considered administrative
leave.)
[ed. 7-16]
I-2.
At the discretion of
the president or his/her designee, an employee may be granted administrative
leave when the state or the university will benefit as a result of such
leave. [RGPP II.I.5.d; FSH 3470 B]
[ed. 7-10, 7-16]
I-3.
Examples of circumstances that may qualify an employee for administrative
leave are volunteer fire fighters attending class off campus, official
delegates to the annual general convention of Idaho Public Employees'
Association, and members of state or local committees, such as the Human
Rights Commission, attending official meetings.
I-4.
With the approval of the president or designee, an administrator may also
use administrative leave to remove an employee from the workplace (for
example during an investigation or to mediate an employee relations issue),
if approved in advance by Human Resources. The President's Office or
Provost's Office, as appropriate must be notified.
I-5.
In all cases involving administrative leave with a duration that is more
than one bi-week, an electronic personnel action form (EPAF) must be
processed. When leave is less than one full bi-week, hours attributed to
administrative leave shall be coded as "ADL" on the time/leave record and in
the payroll system.
I-6.
In the absence of a written agreement to the contrary, an employee on
administrative leave must be available for recall to work during regular
university business hours in the event that the employee's services are
required or he/she is otherwise requested to return to work.
I-7.
Under certain circumstances, the university may require the use of accrued
annual leave and/or compensatory time.
I-8.
Administrative Leave with Pay
.
When the president or designee makes a decision to close, cancel
classes, or postpone the opening the university, employees will be
authorized Administrative Leave with pay.
When approved, employees will enter hours as follows for emergency
closure days:
Classified and PERSI-eligible TH will enter the hours they would have
worked. Exempt and faculty enter leave if leave taken is more than 4
hours and will record leave only if they were out more than 4 hours.
a.
(TH) Temporary Help (PERSI-eligible only) — enter hours regularly scheduled
but not worked due to the closure under the Administrative Leave code, up to
8 hours
b.
Classified — enter hours not worked due to closure under the Administrative
Leave code, up to 8 hours
c.
Exempt & Faculty — enter hours not worked, if over 4, due to closure under
the Administrative Leave code, up to 8 hours.
[add. 7-16]
J. ACADEMIC TRANSITIONAL LEAVE.
(Available to all UI employees as described in Section J)
[ren. 7-16, rev. 7-17]
J-1.
Academic transitional leave may apply when
an academic administrator steps down from his/her administrative appointment
and assumes a faculty appointment. The purpose of academic transitional
leave is to prepare the employee for a new faculty appointment. Transition
leave is not available in the event of transition from academic faculty to
an administrative appointment. Academic transitional leave is granted at the
discretion of the university, must be approved by the provost, and approved
by the president or designee.
J-2
.
There is no accrual of annual leave during the period of academic
transitional leave. All other benefits and leave accruals are provided on
the same basis as afforded to similarly situated employees in a faculty job
classification. Annual leave balances should be exhausted prior to a new
academic faculty appointment. Leave balances that cannot be used will be
carried forward. If not used, the balance of unused annual leave will be
paid at the time of separation of all State of Idaho service. Carry forward
of annual leave balances exceeding eighty (80) hours must be approved in
advance by Human Resources.
[ed.
7-16]
K.
TERMINAL LEAVE.
(Available to all UI employees as described in Section K)
[ren. 7-16, rev. 7-17]
K-1.
Terminal leave is paid leave received by a terminating employee in lieu of
wages at the employer's discretion. An example of terminal leave is leave
paid to an employee who is not completing the term of his/her contract at
the request of the employer. Sick and annual leave is not accrued during the
terminal leave period. Time toward length of service for retirement vesting
and eligibility for university retiree health benefits [FSH 3730] will
continue. The duration of terminal leave is determined at the discretion of
the university.
K-2.
During terminal leave, health benefits continue for an employee and his/her
covered family members on the same basis as employees of the same
classification who are actively at work. The employee's share of all health
care contributions, including employee and dependent medical/dental,
supplemental life, and/or any other costs of coverage, will be withheld from
the employee's pay. Upon separation from employment, the employee and/or
his/her covered family members, as a family or individually, may have rights
to medical/dental coverage through COBRA.
K-3.
The university may require the use of accrued annual leave and/or
compensatory time during the terminal leave period or may pay out some or
all accrued, but unused balances at the time of termination.
L.
SHARED LEAVE.
(Available to employees listed in A-6 (a) subject to specific eligibility
criteria described in Section L)
[ren. 7-16, rev. 7-17]
L-1.
University employees who earn annual leave may donate annual leave hours to
shared leave. Shared leave may be donated to a shared leave pool or to the
benefit of a specific eligible recipient. See FSH 3710 L-5 below and APM
55.07 C-3 for conversion of donated leave to shared leave.
[ed. 7-10, rev. 7-15]
L-2. Eligibility.
Benefit-eligible employees,
including academic year faculty who do not accrue annual leave, are eligible
to receive shared leave.
If an employee
is only eligible for benefits under the Patient Protection and Affordable
Care Act (PPACA) they do not qualify for shared leave.
[rev. 7-15, 7-16]
a.
Qualifying Events.
If any
benefit-eligible employee [A-6. a.] who has a health condition [L-2.a.1] or
whose immediate family member [A-3]
has such a condition and the employee is required to take time away from
work, and has exhausted all leave, the employee may apply for shared leave.
[rev. 7-16]
1. The health condition of
the affected individual must be certified by a competent health care
provider to be considered as acceptable evidence by the university, and
qualify as a serious health condition as defined by family medical leave [M]
to include a need resulting from human organ or bone marrow donation. This
provision applies only to the acceptable medical conditions of family
medical leave. An employee need not meet the service and other requirements
of family medical leave to be considered as an absence eligible for shared
leave.
2. An applicant for shared
leave who has used his or her own annual leave for purposes other than
attending to a medical condition that is known to create potential for an
extraordinary need for leave typically is not eligible for leave from the
shared leave pool. Under extraordinary circumstances, such an applicant may
request an exception to receive shared leave from directed donations.
[ren. 7-15]
3. Shared leave that is
donated from the shared leave pool is intended for use by employees who
intend to return to work. An applicant who wishes to receive shared leave
and otherwise meets the criteria of the program and does not intend to
return to work may apply for shared leave; however, shared leave in this
instance is available only from donations directed specifically to that one
recipient.
[ren. 7-15]
b. Prerequisites.
An
employee must use all other available leave such as sick leave, annual
leave, and compensatory time to qualify for shared leave. If an employee
receives shared leave during the first year of their employment with the
university, and does not return to active service for at least thirty days
after completion of their leave, they may be expected to repay the
compensation they received, unless this requirement is waived by the
president, or his/her designee.
[rev.
7-16]
c. Disability Income.
To be eligible for shared leave for the employee's own medical condition
that is expected to last longer than thirty days, employees must first apply
for wage replacement benefits that may be available through disability
coverage. In cases of job-related injuries, employees must first apply for
wage replacement through workers' compensation. Once such benefits begin
eligibility for shared leave benefits end. However, an otherwise eligible
employee may use shared leave while satisfying the waiting period or after
exceeding maximum disability periods for income replacement programs. Shared
leave cannot be claimed w
hen time
away will be paid through wage replacement programs such as disability and
workers' compensation benefits.
[rev.
7-16]
L-3. Donating Annual
Leave.
[ed. 7-16, 7-17]
a.
Employees who have an accrued annual leave balance may donate to shared
leave regardless of their funding salary source. Donations may be made to
the shared leave pool and accessed by any eligible recipient or donated
directly to a specific shared leave recipient.
[rev. 7-15]
b.
Leave donations made for a specific individual will be drawn from donors'
accounts based on a first-received basis. The first donation request
received by Benefit Services will be processed before a second donation from
other recipients or before hours are withdrawn from the shared leave pool.
Donations will be drawn from the donor's annual leave account.
[ren. 7-16, rev. 7-17]
c.
Leave donations may be made in any amount of not less than half-hour (.50)
increments.
[ren. 7-16]
d.
Shared leave
donations may not cause the donor's annual leave balance to fall below forty
(40) hours at the time the donation is processed, unless the donor is
terminating active employment from the university. Donors should be aware
that any s
hared leave not used by the
intended recipient will be returned to the Shared Leave Pool, not returned
to the donor(s).
Leave donors who desire to donate only as much leave
as the intended recipient needs are encouraged to work with HR to make
incremental donations to that person.
[rev. 7-15, ren.
7-16]
L-4. Shared Leave Benefits.
a.
Maximum Benefit. The maximum shared leave benefit is limited to four (4)
working weeks of leave within a rolling twelve (12) month period. Shared
leave hours granted will be prorated based on employee's FTE.
b.
Recipients of shared leave from the shared
leave pool will receive the benefit on a first-come, first-serve basis as
the pool balance must not fall below zero dollars.
If funds are unavailable from the shared leave pool, then the
recipient would be required to solicit direct donations.
[add. 7-16]
c.
Shared leave requests are reviewed and granted by Benefit Services in
accordance with this policy. Applicants awarded shared leave will be
notified in writing; if the request is denied, the reason(s) for denial
shall also be stated in writing. The requestor may appeal a denied request
for shared leave. Appeals must be made in writing to Human Resources within
thirty (30) days from the date of denial and must reference the applicable
sections of policy and reasons why there is disagreement. Human Resources
will respond to appeals within thirty (30) days.
[ren. & ed. 7-16]
L-5. Funding and
Conversion.
a.
Funding for a full year of base salary is provided for most positions. A
department typically has received funding for the duration of the employee's
full appointment. If an employee is absent without pay, the department would
achieve salary savings as a result. The only exceptions would apply to those
working from certain special funding sources or who hire a temporary
replacement during the period of unpaid leave. Consequently, the department
of the employee who will receive shared leave is responsible for funding the
employee's pay during leave from shared leave donations.
[ren. & rev. 7-16]
b.
Conversion for donations.
Hours
donated by an employee are calculated at the donor's hourly rate and
converted to dollars that will be distributed to the recipient using the
recipient's hourly rate. Direct donations donors should be aware that if the
conversion value from donated hours is greater than the intended recipient
uses, any unused dollars will go into the Shared Leave Pool.
[add. 7-16]
M.
FAMILY MEDICAL LEAVE.
(Available to all UI employees subject to
specific eligibility criteria described in Section M)
[ren. 7-15, 7-17]
M-1.
Family medical leave may be requested by an eligible employee for the
following reasons:
a.
the birth of a son or daughter of the employee and/or in order to care for
such son or daughter;
[rev. 7-15, ed.
7-16]
b.
the
placement of a son or daughter with the employee for adoption or foster
care;
[rev. 7-15]
c.
to care for an immediate family member as defined in [A-3] of this policy
with a serious health condition as defined in [M-5] of this policy;
d.
because of the employee's own serious health condition [M-5]; or
e.
to serve as a human organ or bone marrow donor.
The
entitlement to leave under subparagraphs (a) and (b) of this section M-1 for
a birth or placement of a son or daughter is encompassed in the Parenting
Leave described in Section E, of this policy.
Parenting Leave taken under
Section E. by an employee who is also eligible for Family Medical Leave
shall be counted as Family Medical Leave to the full extent of the
employee's eligibility for Family Medical Leave at the time the leave is
taken.
Parenting Leave that
falls outside of the requirements of the Family Medical Leave Act does not
count against an employee's Family Medical Leave entitlement.
[add.
7-15, rev. 7-16]
M-2. Family medical leave and/or service member family medical leave is generally leave without pay. However, when the absence also qualifies for the use of sick leave, if available, employees must first use accrued sick leave. When the combination of the employee's remaining sick leave plus any other accrued paid leave that may be available to the employee falls below 80 hours, the employee may then elect unpaid leave for the Family Medical Leave. When the type of absence does not qualify for the use of sick leave, the employee must use other available accrued paid leave until the employee's remaining sick leave plus any other accrued paid leave that may be available to the employee falls below 80 hours before the employee may use unpaid leave for the Family Medical Leave. [rev. 2-08, 7-16, rev. 7-17]
M-3.
Eligibility. If the employee has been employed by the university for a
minimum of twelve (12) months and has worked at least 1250 hours during the
previous twelve (12) month period prior to the requested leave, the employee
is eligible for family medical leave. This eligibility requirement does not
apply to eligibility for Parenting Leave under Section E
[rev. 7-15]
M-4.
Length of Leave. A maximum of up to
twelve (12) weeks or a total of 480 hours of family medical leave may be
granted to eligible full-time employees during a rolling twelve (12) month
period. Eligible part-time employees may be granted up to twelve (12)
working weeks of leave or a total number of hours consistent with their
regular work schedule within a twelve (12) week period. (i.e. 20 hours per
week x 12 weeks = 240 hours). The period is measured from the date the
employee last used/exhausted family medical leave or became employed by the
university to the date leave is to begin. Family medical leave may be taken
on a continuous, intermittent, or reduced-hour basis.
[rev. 7-15]
M-5.
Definitions.
[rev. 7-15]
a.
"Serious health condition" is defined as an illness, injury, impairment or
physical or mental condition that involves any period of incapacity or
treatment connected with in-patient care (i.e. overnight stay) in a
hospital, hospice, or residential medical-care facility, and any period of
incapacity or subsequent treatment in connection with such in-patient care;
continuing treatment by a health care provider, which includes any period of
incapacity (i.e. inability to work, attend school, or perform other regular
daily activities) due to a health condition (including treatment for or
recovery from) lasting more than three (3) consecutive days; and any
subsequent treatment or period of incapacity relating to the same condition,
that also includes:
1. treatment two (2) or
more times by or under the supervision of a health care provider; or one
treatment by a health care provider with a continuing regimen of treatment;
or 2. pregnancy or prenatal care. A visit to the health care provider is not necessary for each absence; or
3. chronic serious health
condition, which continues over an extended period of time, requires periodic
visits to a health care provider, and may involve occasional episodes of
incapacity (e.g. asthma, diabetes). A visit to a health care provider is not
necessary for each absence; or
4. permanent or long-term
condition for which treatment may not be effective (e.g. Alzheimer's, a severe
stroke, terminal cancer). Only supervision by a health care provider is
required, rather than active treatment; or
5. absences to receive
multiple treatments for restorative surgery or for a condition which would
likely result in a period of incapacity of more than three days if not treated
(e.g. chemotherapy or radiation treatments for cancer).
M-6.
Health benefits continue during family medical leave on the same basis as for
any similarly situated employee who is actively at work, regardless of whether
the employee is using other forms of accrued leave or taking leave unpaid. The
employee's share of cost for health coverage is the amount that is typically
payroll-deducted for the employee's own coverage and/or coverage for his/her
dependents. The employee is responsible for payment of these amounts during
leave.
Payroll deductions will be
continued for any portion of the leave that is paid. During any portion of leave
when no pay is received, the employee must make arrangements to self-pay these
amounts. Retirement plan contributions, accruals for sick and annual leave and
credit toward vesting are suspended during unpaid portions of family medical
leave.
M-7.
All qualified absences, including those due to a work-related injury, will be
considered as family medical leave.
M-8.
If there are reasonable circumstances to support that an employee's absence
qualifies as family medical leave, the university has the right to classify such
absence as family medical leave.
M-9.
When the need for family medical leave is foreseeable, an employee must request
an application for family medical leave at least thirty (30) days in advance of
the need for leave. Application assistance is available from Benefit Services.
When events are not foreseeable, employees must provide as much notice as is
possible.
Application for family medical
leave after a return from absence is not recommended; rights to preserved
employment and benefits may be adversely affected. In any event, absent
extraordinary circumstances, an employee may not claim an absence as a qualified
family medical leave event unless done so within the first two (2) days of
return from an absence.
M-10.
When leave is taken for personal illness or to care for an immediate family
member with a serious health condition, leave may be continuous or intermittent
and may include a reduction in hours worked. For intermittent leave, the
employee must provide certification from the health care provider caring for the
employee and/or family member stating the leave must be taken intermittently.
Employees needing intermittent leave must attempt to schedule their leave so as
not to disrupt university operations. The university reserves the right to
assign an employee to an alternative position with equivalent pay and benefits
that better accommodates the employee's intermittent or reduced leave schedule.
M-11.
Employees on family medical leave are required to provide documentation to
Benefit Services as requested, including intent to return to work. During leave,
the university may require an employee to re-certify the medical condition that
caused him/her to take leave. A return-to-work release from the health care
provider is required before an employee absent due to his or her own serious
health condition may return to work.
M-12.
Family medical leave requests for medical treatment or care giving requires
certification from the health care provider documenting medical necessity.
M-13.
Family medical leave requests for parenting must
be approved in advance and completed within twelve (12) months of the birth,
adoption, or foster care placement of a child.
a.
Shared leave (if granted) may be used for the disability period related to
childbirth.
[rev. 7-15]
b.
Intermittent leave or reduced work schedule requests for parenting may not be
granted, or may be cancelled by the university with thirty (30) days written
notice, based on business needs of the university.
M-14.
Family medical leave taken by two (2) university employees to care for a family
member who has a serious health condition consists of a maximum twelve (12)
weeks of leave for each employee. Family medical leave for parenting is
addressed in FSH 3710 E.
[rev. 7-15]
M-15.
If the university obtains information from a credible source, such as the
workers' compensation authority, disability carrier, or a medical practitioner,
that alters, changes, casts doubt, or fails to support continued leave or the
leave application, the university has the right to:
a.
revoke leave;
b.
not grant leave;
c.
require new evidence to support the leave request;
d.
require the employee to return to work if the leave is not substantiated; and/or
e.
when appropriate under applicable employee discipline policies [FSH 3910, 3920,
and 3930], take disciplinary action, up to and including dismissal.
M-16.
Upon return from family
medical leave, employees will be assigned to their same or similar position with
equivalent pay and status with or without reasonable accommodation, as
appropriate, in accordance with the Americans with Disabilities Act. Job
reassignment must be coordinated with Employment Services and approved by Human
Resources. The university has no obligation to restore employment to temporary
hourly (TH) or other employees if the employment term or project is over and the
university would not otherwise have continued employment.
M-17. Family medical leave is not intended for individuals who do not plan to return to work. An employee who applies for and is granted family medical leave and fails to return to work for at least thirty (30) days upon the expiration of their family medical leave period may be obligated to repay the costs of health coverage provided by the university during any portion of family medical leave. If the university is notified that the employee does not intend to return to work, the family medical leave period will terminate immediately and the employee will be separated from employment on that date. Medical, dental and under some circumstances Health Care Spending Accounts may be continued through the Consolidated Omnibus Budget Reconciliation Act (COBRA). Options for life insurance portability or conversion may also be available. Job separation under these circumstances will result in a lump sum payment of annual leave and/or compensatory balances. In addition, the employee will no longer have a right to restoration to the same or equivalent position. [rev. 7-17]
N.
SERVICE
MEMBER FAMILY AND MEDICAL LEAVE.
The federal Family and Medical Leave Act (FMLA) now entitles eligible employees
to take leave for covered family members' service in the Armed Forces (Service
member Family and Medical Leave) in two instances. This section of the policy
supplements the above family medical leave policy and provides general notice of
employee rights to such leave. Except as stated below, an employee's rights and
obligations to service member family and medical leave are governed by the
general family medical leave policy.
[add. 2-08, ren. 7-15]
N-1.
Definitions: The following
definitions are applicable to this section of the policy.
a.
"Eligible employee" is a spouse, son, daughter, parent, or for purposes of
caring for a family member, the next of kin of a covered family member.
b.
"Next of kin" is the nearest blood relative of a family member who is in the
Armed Forces.
c.
"Covered family member" means any family member who is a member of the Armed
Forces, including a member of the National Guard or Reserves, regardless of
where stationed and regardless of combative activities.
d.
A "covered veteran" is an
individual who was a member of the armed forces (including a member of the
National Guard or reserves) and was discharged or released under conditions
other than dishonorable at any time during the 5-year period before the first
date the eligible employee takes FMLA leave to care for the covered veteran.
1.
An
eligible employee must begin leave to care for a covered veteran within 5 years
of the veteran's active duty service, but the "single 12-month period" may
extend beyond the 5-year period.
[add.
7-16]
N-2.
Leave Entitlement: Eligible
employees are entitled to take service member family and medical leave for any
one, or for a combination of the following reasons:
a.
Any "qualifying exigency" (as
defined by the Secretary of Labor) arising out of the fact that the spouse, or a
son, daughter, or parent of the employee is on active duty or has been notified
of an impending call or order to active duty in the Armed Forces in support of a
"contingency operation," and/or
b.
To care for a covered family member who has incurred an injury or illness in the
line of duty while on active duty in the Armed Forces, or that existed before
the beginning of the member's active duty and was aggravated by service in the
line of duty on active duty in the armed forces, provided that such injury or
illness may render the covered family member medically unfit to perform duties
of the family member's office, grade, rank or rating.
[rev. 7-16]
c.
In the case of a covered veteran, an injury or illness that was incurred by the
member in the line of duty on active duty in the armed forces (or existed before
the beginning of the member's active duty and was aggravated by service in the
line of duty on active duty in the armed forces) and manifested itself before or
after the member became a veteran and is:
1.
A continuation of a serious injury or
illness that was incurred or aggravated when the covered veteran was a member of
the armed forces and rendered the service member unable to perform the duties of
the service member's office, grade, rank, or rating; or
2.
A physical or mental condition for
which the covered veteran has received a U.S Department of Veterans Affairs
Service-Related Disability (VASRD) rating of 50 percent or greater, and such
VASRD rating is based, in whole or in part, on the condition precipitating the
need for military caregiver leave; or
3.
A physical or mental condition that
substantially impairs the covered veteran's ability to secure or follow a
substantially gainful occupation by reason of a disability or disabilities
related to military service, or would do so absent treatment; or
4.
An injury, including a psychological
injury, on the basis of which the covered veteran has been enrolled in the U.S
Department of Veteran's Affairs Program of Comprehensive Assistance for Family
Caregivers.
[add. 7-16]
N-3.
Duration of service member
family and medical leave:
a.
When leave is due to a
qualifying exigency: an eligible employee may take up to 12 work weeks of leave
during any 12-month period.
b.
When leave is to care for a covered family member: an eligible employee may take
up to 26 workweeks of leave during a single 12-month period to care for the
covered family member. Leave to care for a covered family member, when combined
with other qualifying family medical leave may not exceed 26 weeks in a single
12-month period.
c.
Concurrent leave: service member family and medical leave runs concurrent with
other leave entitlements provided under federal, state and local law.
O.
PERSONAL LEAVE.
(Available to UI employees listed in A-6 (a) and A-6
(b) as described in Section O)
[ren. 2-08, 7-15, rev. 7-17]
O
-1.
Any employee not covered by another university leave type within this policy may
request a personal leave of absence.
O
-2.
Personal leave is leave without pay and without benefits.
However, the supervisor may require the use of
sick, annual or any other type of accrued leave if the absence qualifies and
leave is available. Personal leave may be taken with pay and benefits when other
paid leave such as annual leave is taken concurrently. In rare circumstances,
leave may be approved without pay, with continued benefits, but only when
approved as an exception and only when doing so meets the business needs of the
university. Hiring units are responsible for funding the benefits under these
circumstances. [APM 55.38]
[ed. 7-10]
O
-3.
Reasons for requesting a personal leave may include, but are not limited to,
religious, personal, and educational matters or for extension of any leave when
all other leaves have been exhausted.
O
-4.
All requests for personal leave must be made to the supervisor in writing. A
leave of three (3) working days or less can be approved by the supervisor and
are recorded by the timekeeper on the employee's time record as LWB. The
president or his/her designee (i.e., provost) must approve a personal leave
which exceeds three (3) working days.
Personal leave is not guaranteed and is granted on a case-by-case basis, with
the approval of the supervisor and the unit administrator, based on the business
needs of the university.
O
-5.
The president or designee (i.e. provost) may grant personal leave without pay
with or without benefits for a period of up to one (1) calendar year, with
extensions not to exceed a total of three (3) successive calendar years [RGPP
II.I.5.c.1]. Consideration is given to such requests on an individual basis in
the light of the reason for which it is requested, whether it is leave with or
without paid benefits and the effect that granting it will have on the
employee's unit or program.
O
-6.
When a personal leave of absence is granted, the university assures
reinstatement of the individual to a position of similar status and pay, but
only to the extent that such position continues to exist and would have
continued to exist had no leave been taken. Return to work in the same job
within the same department is not promised.
O
-7.
During personal leave without pay an employee is not eligible for holiday pay,
the accrual of sick or annual leave, or the use of medical appointment leave,
and may not be granted any other type of leave of absence such as family medical
or military leave until the employee has first returned to work under active
status and otherwise qualifies for such leave.
O
-8.
An employee who has received approval from the president or his/her designee for
a personal leave without pay without paid benefits
may
continue to
contribute toward and receive the benefits of the institution's insurance and
retirement programs, if the laws, rules, regulations, policies and procedures
governing the administration of such insurance and retirement programs permit.
[RGPP II.I.5.c.3]. Employees should consult Benefits Services for more detailed
information on how personal leave without pay will impact their benefits and
their rights to continue coverage through COBRA and life insurance conversion or
portability. [APM 55.09 and 55.38]
[ed. 7-10]
O
-9.
Employees who are granted a personal leave of absence without pay are
responsible for making arrangements with Benefit Services, before the leave
begins, for the continuation or discontinuation of benefits. Also, they should
call Benefit Services on their return to active status to make sure that any
benefits that had been discontinued are reinstated or to adjust for changes that
occurred while they were on leave. [APM 55.38]
[ed.
7-10]
O
-10
.
Personal leave is not intended as a
vehicle to continue benefits for periods when employees are not working due to
academic or seasonal work schedules or for a reduction in hours.
P. EXTENDED MEDICAL LEAVE.
(Available to all UI employees subject to specific eligibility
criteria described in Section P)
[ren. 2-08, 7-15, ed. 7-16, rev. 7-17]
P
-1
.
Extended medical leave (EML) extends job protection and health benefits beyond
the expiration of family medical leave. EML is not family medical leave. EML is intended for the following:
[ed. 7-16, 10-19]
a.
Individuals who plan to return to work and have a prognosis to support return to
work with assumption of full duties and responsibilities of their position, with
or without reasonable accommodation, within a total absence period of no more
than twelve (12) consecutive months; or
b.
Individuals who do not have an acceptable prognosis to return to work, but whose
absence qualifies for the use of sick leave and who have an unused sick leave
balance upon the expiration of family medical leave.
P
-2.
EML and other options for an employee's return to work following an approved
family medical leave must be coordinated and approved through Benefit Services,
in consultation with the supervisor, and are granted at the discretion of the
university, but are not guaranteed. EML may not exceed a total absence period of
twelve (12) consecutive months.
[ed.
2-08, rev. 7-16]
P
-3.
Acceptable medical certification and/or other documentation to support a
prognosis for return to work must accompany all requests for EML. If acceptable
medical certification and/or other documentation are not provided, notice of
contemplated job action to separate the employee from employment at the
expiration of family medical leave may be served upon the employee if all sick
leave has been exhausted.
[ed. 7-16]
P
-4.
If there is not a prognosis to return
to work as defined above [P-1], notice of contemplated action for job separation
will be issued. However, if the employee has a remaining sick leave balance and
his/her condition qualifies for the use of sick leave, employment and EML leave
will be extended through the earlier of:
[ed. 2-08, 7-16]
a.
the date in which all sick leave will be exhausted; or
b.
expiration of six (6) months of accumulated leave, measured from the date in
which leave was first granted for the same condition.
All sick leave is forfeited
upon separation from employment, except as provided in P-6, or as provided in
(Idaho State Code 53-4001) rights to reinstate sick leave upon return to work
for any State of Idaho agency.
[ed. 2-08]
P
-5.
Sick and all other available paid
leave must be used concurrently with and taken first before any period on unpaid
leave during EML. EML is leave with benefits but without pay, unless accrued
sick or annual leave or compensatory time is used. Employees are not eligible for holiday pay while on extended medical leave without pay. [ed.
7-16, 10-19]
P
-6.
An employee with a sick leave balance who separates from employment upon the
expiration of EML and qualifies as a disabled retiree, or as a retiree eligible
for any tier of university retiree medical coverage that requires retiree cost
sharing, may convert a predetermined amount of the unused sick leave to pay for
the retiree's share of the cost for their own university medical coverage. [FSH
3730]
[ed. 7-16]
P
-7.
Health benefits will continue during an approved EML in the same manner afforded
to any employee of the same classification who is actively at work.
[ed. 7-16]
a.
The employee must make arrangements to self-pay his/her share of employee and
dependent benefit costs during any portion of EML that is unpaid.
[ed. 7-16]
b.
Sick leave, annual leave, holiday pay and credited service hours toward vesting
of annual leave accruals and retirement are not continued during any portion of
leave that is unpaid.
c.
Short and/or long-term disability wage replacement payments and/or actively at
work provisions for death and other benefits provisions within PERSI and similar
contracts refers to an employee being actively at work (employed and not on
leave) on the
date in which the
disability has first begun. An employee whose condition began before
taking a leave of absence and who has qualified or met the conditions in
accordance with provisions set by the carrier will continue to receive benefits
and/or remain eligible for such benefits during Extended Medical Leave, and/or
upon separation from employment if unable to return to work. [Refer to
Disability and Retirement Plan Handbooks
www.uidaho.edu/human-resources/benefits]
[ed. 7-16]
P
-8.
Employees who have been granted EML are required to provide documentation to human resources to
support progressive medical improvement. Medical certification and other
documentation may include temporary restrictions of duties and/or periods of
part-time work. However, restrictions of job duties and/or part-time work
restrictions must be approved by Human Resources and the hiring authority, and
must intend and attempt to phase an employee back to work to a level of full
assumption of job duties, with or without reasonable accommodation.
[ed. 7-16, 10-19]
P
-9.
During EML, the university may require reasonable periodic re-certification and
updates regarding the employee's medical condition, prognosis for improvement,
and fitness for duty. A release to return-to-work from the health care provider
is required before an employee may return to work. The university, at its own
expense, may require medical pre-screening for return to work in a position that
includes pre-employment medical pre-screening to ensure the safety and fitness
for prescribed job duties before an employee is allowed to return to work with
or without restriction of job duty.
[ed.
7-16]
P
-10.
When an employee's own medical condition or restriction is expected to be
chronic, or when the condition fails to progressively improve, notice of
contemplated action and job separation or accommodation of disability under ADA
should be explored.
P
-11.
If at the expiration of the EML period the employee is still unable to perform
the essential duties of his/her position with or without reasonable
accommodation, the university has the right to separate any employee from
employment and/or to end EML and begin job separation when the medical prognosis
ceases to support a return to work within EML limits. [FSH 3910, 3920 and 3930][ed.
7-16]
Q.
LEAVE FOR PROFESSIONAL IMPROVEMENT.
(Available to faculty with instructor rank or above, exempt employees and
classified staff as described in Section Q)
[ren. 2-08, 7-15, rev. 7-17]
Q-1.
Leave for professional improvement is paid leave with benefits for the purpose
of participating in professional development programs or experiences for an
extended period of more than two (2) weeks to attain or enhance a skill set that
will result in a mutual benefit to the both the university and the employee.
Q-2.
Members of the faculty who hold the rank of instructor or above, exempt
employees, and classified staff are encouraged to participate in programs of
professional improvement. (Tenured faculty may also be eligible for sabbatical
leave and should refer to FSH 3720.) Generally, on the recommendation of an
applicant's administrative supervisor, and with the approval of the
dean/director and the provost/vice president, professional improvement leave may
be granted under the following conditions (individual departments may have
additional requirements and restrictions):
a.
To participate in this plan, the faculty or staff member must have completed
four (4) years of service before the time the leave is to begin.
b.
Generally, at least two (2) years of service must intervene between a sabbatical
leave and a leave for professional improvement
or at least five (5) years of service must intervene between a leave for
professional improvement and a subsequent request for the same type of leave.
Q-3.
The employee requests professional improvement leave with pay by submitting a
letter of application to the supervisor at least three (3) months before the
leave is to begin. The letter should address the professional development to be
derived from the leave, what activities (i.e. research, writing, experience,
etc.) will be involved to achieve the professional goals, the duration of the
leave, the level of support requested, and the source of funds, if known.
Q-4.
Persons granted leave under this policy are expected either to return to the
active service of the university for at least one academic or other full work
year after completion of the leave, or are required to repay the money received
from the university for the period of professional improvement leave granted.
Q-5.
The employee must submit a report to the supervisor, the dean/director, and the
provost/president regarding his or her developmental experience upon return to
active work status.
Q-6.
The employee may request approval to use accrued annual leave and to have an
equal amount of administrative leave with pay granted to permit his or her
participation in a program of professional improvement.
R. EXCEPTIONS.
[ren. 2-08, 7-15]
R-1.
Exceptions to these policies may be considered to the extent that such an
exception is not contrary to state and federal laws, the Board of Regent
policies and procedures, and are considered in the best interest of the
university. The respective unit administrator, Human Resources, and the
president or designee as required, can grant exceptions. A request for exception
must be submitted and approved by the supervisor and forwarded to Human
Resources for further consideration of all approvals.
[ed. 7-16]
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