Policy HR16 LEAVE OF ABSENCE WITHOUT SALARY (OTHER THAN FOR ACTIVE MILITARY SERVICE OR TRAINING)

POLICY'S INITIAL DATE: June 1, 1953
THIS VERSION EFFECTIVE: November 12, 2009

Contents:

  • Purpose
  • Eligibility
  • Purpose of Leave
  • Academic Administrator and Academic
  • Length of Leave for Staff
  • Costs for University Insurances While on Leave
  • Contributions to Retirement Plans While on Leave
  • Additional Conditions for Administrator and Staff Employees
  • Return to Active Service
  • Eligibility for Educational Privileges While on Leave
  • Application for Leave
  • Approval of Leave Without Salary
  • Cross References

  • PURPOSE:

    To provide periods of leave of absence without salary on recommendation of the dean or administrative officer.

    ELIGIBILITY:

    This policy applies to regular faculty and staff members classified as Executive, Administrator, Academic Administrator, Academic, and Staff. Policies affecting employees represented by a union can be found in the appropriate Agreements.

    PURPOSE OF LEAVE:

    A regular faculty or staff member is eligible for or may be placed on a leave of absence without salary for the following purposes provided the leave is in accordance with all University policies and guidelines:

    a. For sickness, maternity (see HRG07), or family care (see HRG11). See also HRG05, Use of "No-Pay" Days in Lieu of Short-Term Absence.

    b. For formal study which results in promoting the interests of the University, as well as those of the faculty or staff member, in the judgment of the dean or administrative officer (see the HRG13).

    c. For any other reason determined to be at the convenience of the University in the judgment of the dean or administrative officer.

    ACADEMIC ADMINISTRATOR, AND ACADEMIC:

    The period during which an individual classified as Executive, Administrator, Academic Administrator, or Academic may be on leave of absence without salary is governed by the following conditions:

    a. A leave is granted for a specific period of time to begin on a date specified by the University.

    b. The length of a leave is determined as follows:

    (1) A leave of more than four (4) consecutive calendar months is granted only until the next June 30.
    (2) A leave of four (4) consecutive months or less may be granted regardless of the dates that the leave begins and ends.

    c. Each leave of absence ending on a June 30 is reviewed on that date. Action is then taken to renew or stop the leave.

    d. A leave of absence without salary normally will not exceed twelve (12) consecutive calendar months. It may not exceed a maximum of twenty-four (24) consecutive calendar months.

    LENGTH OF LEAVE FOR STAFF:

    The period during which an individual classified as Staff may be on leave of absence without salary is governed by the following conditions:

    a. A leave is granted for a specific period of time to begin on a date specified by the University.

    b. A leave of absence granted to an employee because of his or her inability to perform his or her duties due to illness or injury (non-job related) is limited as follows:
    Maximum Amount of Leave For Staff
    Length of Continuous Regular Service of Any Type With the University at the Start of the Leave Maximum Length of Leave Granted
    Through first 6 months* up to 1 month
    End of 6th month through 1st year up to 3 months
    End of 1st year through 2nd year up to 6 months
    End of 2nd year through 3rd year up to 9 months
    End of 3rd year through 4th year up to 12 months
    End of 4th year through 5th year up to 15 months
    End of 5th year through 10th year up to 18 months
    End of 10th year or more up to 24 months

    *Employees who have at least 12 months of University service (regular and/or non-regular), working at least 1,250 hours (regular and/or non-regular) during the previous 12-month period may be eligible for a longer leave of absence. See HRG11 for details.

    Absence for extended sick leave in accordance with the time limits established above will be continued only for the period of time the employee is unable to perform his or her duties because of his or her illness or injury. If the employee does not report to work after being physically able to report to work, his or her employment shall be terminated. If, at the end of the leave of absence the employee is still unable to work, employment will be terminated and all benefits of the leave of absence without salary will end.

    c. A leave of absence without salary for other than illness or injury normally will not exceed twelve (12) consecutive calendar months. It may not exceed a maximum of twenty-four (24) consecutive calendar months.

    d. If any employee returns to active employment following a leave of absence, and within sixty (60) calendar days returns to leave of absence status for the same illness or injury, the amount of time previously charged to leave of absence shall be counted against the appropriate allowance for maximum length of leave.

    COSTS FOR UNIVERSITY INSURANCES WHILE ON LEAVE:

    Costs for insurances in which enrolled during a leave of absence without salary for sickness, maternity, family care as specified in HRG11, or formal study, shall be at the regular employee rates of contribution.

    Costs for insurances in which enrolled during a leave of absence without salary for other than the reasons enumerated in the paragraph above shall be the entire cost (employee and University costs) for those benefits.

    NOTE: A decision not to continue the insurances is considered a break in continuous benefits participation and may have an adverse effect on the employee's eligibility to continue the insurances after retirement (see HR54). If coverage is not continued during the leave and is requested at a later date the following restrictions will apply. Except as provided by law, proof of eligibility will be required for re-enrollment in life insurance, long-term disability/annuity premium benefit and long-term care. Medical, dental, vision, accidental death and dismemberment (AD&D) can be requested only during the annual open enrollment period and will be effective January 1 following the open enrollment period.

    CONTRIBUTIONS TO RETIREMENT PLANS WHILE ON LEAVE:

    A faculty or staff member who is on leave of absence without salary, regardless of the reason, is not eligible to contribute or receive credit in any retirement plan unless he or she is a member of, and makes private arrangements to contribute to, TIAA-CREF. However, retirement contributions will be deducted from any amounts earned from the University during any leave.

    ADDITIONAL CONDITIONS FOR ADMINISTRATOR AND STAFF EMPLOYEES:

    An employee receives service credit for the purpose of increasing his or her vacation accumulation rate.

    An employee does not accumulate any additional vacation or sick leave unless the employee is paid for enough days in any calendar month to qualify. An employee is not paid for holidays that occur during the leave.

    The cash equivalent of the vacation accumulation, service days, and compensatory time due an employee is paid at the beginning of a leave of absence, except for a leave in excess of paid sick leave, maternity, family care as specified in HRG11, or leave as the result of an on-the-job injury.

    An employee retains paid sick leave (except for a leave in excess of paid sick leave or maternity leave); however, paid sick leave may not be used during a leave of absence.

    For additional information, see HR92 for administrator employees and HR34 for staff employees.

    RETURN TO ACTIVE SERVICE:

    If conditions are the same at the end of the leave of absence as they were when the leave began, the faculty or staff member will be expected to return to active service. If he or she does not return at the end of the leave of absence, his or her employment is terminated and all benefits of the leave of absence without salary will end.

    ELIGIBILITY FOR EDUCATIONAL PRIVILEGES WHILE ON LEAVE:

    A faculty or staff member who is on a leave without salary for sickness, maternity, family care as specified in HRG11, or formal study, and who is eligible for educational privileges, will retain those privileges, during the term of the leave. Dependents of such faculty or staff members who are eligible for grants-in-aid will retain this eligibility during the term of the leave. Grants-in-aid are not available for faculty or staff members, or dependents, during leaves of absence without pay for reasons other than those numerated in this section.

    APPLICATION FOR LEAVE:

    Application for a leave of absence without salary should be made on the LVLO form. See the IBIS Documentation. After the LVLO form routes through the area's approval path and the appropriate Central Offices, the information will be updated in the database.

    APPROVAL OF LEAVE WITHOUT SALARY:

    The decision on applications for such leaves of absence will be made by the dean or administrative officer consistent with this policy and appropriate Human Resources guidelines.

    CROSS REFERENCES:

    HR34 - Employment Conditions for Staff Employees

    HR54 - Continuation of Group Insurance After Age 60, Age 65 and After Retirement or Death

    HR92 - Employment Conditions for Employees Classified as Administrator

    HRG05 - Use of "No Pay" Days in Lieu of Short-Term Leaves of Absence

    HRG11 - Family and Medical Leave

    HRG13 - Definition of Formal Study as Outlined in HR16

    HRG18 - Paid Parental Leave For Faculty

    Revisions:

    11/12/09

    Costs for University Insurances While on Leave section - Language updated to reflect current practices.


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