SECTION VIII TIME OFF

Transcription

1 Bereavement Leave Employees are entitled to up to five days absence with pay in the event of death in the immediate family. For purposes of this policy, the immediate family includes spouse, children/step-children, parents/step-parents, siblings, stepsister, or step-brother. Employees are entitled to up to three days absence with pay in the event of the death of a grandparent, grandchild, father-in-law, motherin-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law. Up to one day's absence with pay will be allowed in the event of the death of an aunt, uncle, niece, nephew or cousin. Leaves to attend funerals of other relatives may be granted at the discretion of the employee's supervisor. Employees may also be granted permission to attend the funeral services of a current or former University employee providing the employee attending the services returns to work following the funeral. With the permission of the department Director and the Director of Human Resources, additional unpaid time may be granted if circumstances warrant it. Family Medical Leave (FMLA) The federal Family and Medical Leave Act of 1993 (FMLA) requires University of Detroit Mercy to grant up to twelve weeks of unpaid leave in a twelve month period to eligible employees for certain family and medical reasons. ELIGIBILITY An employee is eligible if the employee has worked for the University for at least one year and has worked at least 1250 hours during the twelve months before the start of the leave. worked include overtime hours worked, but exclude paid time off, leaves of absence, and layoffs. An ineligible employee cannot take family-medical leave time, but may be entitled to time off under other University policies. PAGE 1 (Rev. 11/10/03)

2 Family Medical Leave (FMLA) (Continued) REASONS FOR TAKING LEAVE An eligible employee may take FMLA leave for any of the following reasons: For the care of the employee's child after the birth, adoption, or foster care placement of the child. For the care of the employee's spouse, child, or parent who has a serious health condition. For a serious health condition that makes the employee unable to do the essential functions of the job or to work at all. SERIOUS HEALTH CONDITION A "serious health condition" includes an illness, injury, impairment, or physical or mental condition involving: Any period of incapacity requiring continuing treatment by a health care provider, and absence from work, school, or regular daily activities of more than three days; Any period of inpatient care; Any period of incapacity due to pregnancy or pre-natal care; Any period of incapacity due to a chronic serious health condition that requires periodic visits for treatment and may cause episodes of incapacity; or Any period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. Treatment by a health care provider requires a visit to the health care provider. A telephone conversation with a health care provider does not qualify as treatment by a health care provider. An absence due to an incapacity of more than three consecutive days caused by a work-related injury and for which the employee receives worker s compensation benefits is counted as a family-medical leave. An absence due to an incapacity of more than three consecutive days caused by an injury or illness for which the employee receives short-term disability is also counted as a familymedical leave. PAGE 2 (Rev. 11/10/03)

3 Family Medical Leave (FMLA) (Continued) Each time an employee is absent because of an FMLA qualifying reason, UDM will designate the absence as FMLA leave and will count that absence against the employee s twelve weeks of family-medical leave allowable during that twelve month period, even if the employee has not specifically requested the use of FMLA leave. One-quarter hour is the shortest period of time that is charged. An absence, tardiness, or leaving early for a qualifying family-medical reason is not counted against an employee s attendance record for disciplinary purposes. Time-off that is not for a qualifying family-medical reason is counted against an employee s attendance record for disciplinary purposes. CALCULATION OF FAMILY-MEDICAL LEAVE TIME A rolling twelve-month period is the twelve-month period during which the twelve weeks of family-medical leave may be taken. EMPLOYEE'S DUTY TO PROVIDE ADVANCE NOTICE An employee must provide thirty days advance notice when a family-medical leave is foreseeable. If an employee fails to give the thirty days notice for a foreseeable leave, the University may deny the taking of the leave until at least thirty days after the employee provides the notice. If thirty days advance notice cannot be given due to the circumstances, an employee must give notice as soon as practicable, which will ordinarily be within one or two business days. UDM will notify the employee whether the leave will be treated as a qualifying family-medical leave and what the employee's rights and responsibilities are. MEDICAL CERTIFICATION UDM will provide the employee with a medical certification form. An employee must provide medical certification of the need for a serious health condition leave by fifteen days after UDM requests the medical certification. UDM will treat, on a preliminary basis, time off due to a claimed "serious health condition" or "chronic serious health condition" as a qualifying family leave until the receipt of the completed medical certification form. PAGE 3 (Rev. 11/10/03)

4 Family Medical Leave (Continued) MEDICAL CERTIFICATION (Continued) If the medical certification form is submitted by the employee is incomplete, the University will notify the employee and instruct the employee to have it properly completed by the employee's health care provider within fifteen days after UDM notifies the employee about the incomplete form. UDM will not treat a "serious health condition" for incapacity of more than three days as qualifying time off unless the employee submits to UDM a completed medical certification form. An employee's failure to submit a completed medical certification form means that the time off is not qualifying and will be counted against an employee's attendance record for disciplinary purposes. UDM may require, at its expense, a second opinion. If the opinions of the employee's health care provider and the University's physician differ, then UDM may require the employee to undergo a medical examination, at the University's expense, by a health care provider selected by the University or its secondopinion physician and the employee or the employee's health care provider. The third opinion will be final and binding on the University and the employee. RE-CERTIFICATION AND STATUS DURING FMLA LEAVE If an employee will be taking FMLA leave during an extended period, UDM may require medical re-certification at 30 days and again at 60 days. The employee on FMLA leave also must report his or her status and confirm an anticipated return date. UDM also requires that the employee submit a request to return from a long-term FMLA leave at least 10 days before the anticipated return date. PAY, BENEFITS, AND REINSTATEMENT PAY FMLA leave is generally unpaid. UDM may require an employee taking FMLA leave to use his or her paid vacation allowance for FMLA leave as well as any available sick or personal time. An employee also may receive short-term disability benefits or workers' compensation benefits during a family-medical leave, depending on the reason for the leave. UDM will continue to pay for its share of the premiums for an employee's health and dental insurance coverage during an FMLA leave for up to twelve weeks in the twelve-month period. If an employee does not return to work at the end of an FMLA leave, the employee will be required to reimburse UDM for all health, dental, life, and disability insurance premiums paid by UDM on the employee s behalf. PAGE 4 (Rev. 11/10/03)

5 Family Medical Leave (Continued) REINSTATEMENT At the end of a family-medical leave of twelve weeks or less, UDM will restore an employee to the employee's pre-leave position or an equivalent position. The employee must provide a fitness-for-duty certification from the employee s health care provider upon returning to work. UDM reserves the right to deny reinstatement to a key employee to the extent allowable by law. A key employee is a salaried employee who is among the highest paid 10% of UDM employees. INTERMITTENT OR REDUCED WORK SCHEDULE LEAVE An employee may take FMLA leave on an intermittent or reduced work schedule basis if it is medically necessary. An employee must notify UDM about a medical need for an intermittent or a reduced schedule leave. UDM will issue a medical certification form to the employee, who must submit, by fifteen days after receiving it, the completed form indicating the medical need for an intermittent or a reduced schedule leave. UDM will treat, on a preliminary basis, time off due to an intermittent or a reduced schedule leave as a qualifying leave pending the receipt of the completed medical certification form. The employee must work out the intermittent or reduced leave schedule with his or her supervisor and with the Human Resources Department. UDM does not allow an intermittent or a reduced work schedule leave for post-childbirth or postadoption/foster care placement reasons. UDM, whenever possible, will temporarily transfer an employee to an available alternative position for which the employee is qualified and which better accommodates the intermittent or the reduced work schedule leave. EXTENSION OF FAMILY-MEDICAL LEAVE UDM will not permit an employee who has exhausted the maximum twelve-week FMLA leave period to extend the family-medical leave beyond the twelve-week maximum. An employee who has exhausted the twelve weeks of family-medical leave may be eligible for an extension of the time off under other University policies and may be eligible for short-term disability or worker s compensation benefits, depending on the reason for the time off. PAGE 5 (Rev. 11/10/03)

6 Family Medical Leave (Continued) OTHER EMPLOYMENT An employee will not be allowed to engage in any other employment during a FMLA absence, except as approved by UDM. Violation of this policy is grounds for termination. Holidays Upon hire, regular full time and modified full time employees are eligible for the following paid holidays: Fourth of July Labor Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve Christmas Day New Year s Eve New Year s Day Martin Luther King Day Good Friday Memorial Day Three (3) Flexible Holidays scheduled by the University Typically, in the event a holiday falls on a Saturday or a Sunday, the Friday before or the Monday after may be designated as the holiday. Actual dates to be observed as paid holidays are published each year by the Human Resources Department. In order to be eligible for holiday pay, employees must work their last scheduled day before the holiday and their first scheduled day after the holiday. Employees who are prevented from reporting to work on the day before or the day after the holiday by illness, accident or death in the immediate family will be paid for the holiday upon submission of documentation that indicates such absence was unavoidable. Examples of such acceptable documentation include doctor s notes, STD applications, funeral slips, etc. PAGE 6 (Rev. 11/10/03)

7 Holidays (Continued) Some departments continue to operate on the holiday. Staff employees scheduled to work a holiday will be paid their base rate of pay as well as time and one-half (1.5) their base rate for all hours worked on the holiday. If a paid holiday falls within a vacation period, the day will be paid as a holiday. Jury or Witness Duty Employees who are summoned for jury duty or to testify at the order of a court will be granted a leave. The University will pay the employee s regular wage for up to one week. For jury or witness duty of more than one week, the University will pay the difference between the employee s regular wage and any court allowance received for services, upon receipt of proof of payment received. Payment will only be made for time away from scheduled work. The employee is expected to return to work for any partial day in the event that jury duty requires the employee to be present at court for one-half day or less. Leave of Absence The University recognizes the importance and value of unpaid leave so that employees may have unpaid time away from work for a variety of reasons. The University may provide leave without pay under certain circumstances and at the discretion of the supervisor or department head. Reasons for leave may include civic activities, service to volunteer organizations or personal situations. ELIGIBILITY Individuals who have been employed by the University for at least 12 months are eligible to request an unpaid leave of absence. All unpaid leave is granted at the discretion of the supervisor or department head and the Human Resources Department. PAGE 7 (Rev. 11/10/03)

8 Leave of Absence (Continued) LEAVE REASONS AND LENGTH Generally, leaves of absence are granted for 7 to 1 calendar days for personal reasons. Usually, leaves of absence may be granted for: Public service to participate in a civic, community, or governmental program on a full-time basis; Personal emergencies to take care of matters such as serious personal or family problems; or Personal convenience to take an extended trip or to participate in cultural or athletic events. A request for unpaid leave that qualifies under the Family and Medical Leave Act policy will be governed by the terms of that policy. RETURN TO WORK FOLLOWING LEAVE Failure to return to work immediately after an unpaid leave will result in termination of employment. An employee returning from an approved leave is returned to the same position if the leave is 30 calendar days or less. If the leave is longer than 30 calendar days, the employee may be returned to a comparable position within the department. If circumstances prevent the department from reemploying the employee, the employee will be notified. BENEFITS WHILE ON LEAVE Individuals who wish to continue benefit coverage while on leave without pay must pay the entire (employee and the employer share) cost of health and insured benefits. Certain benefits may not be continued if they require an employee to be actively employed to continue receiving them. Individuals do not accrue paid leave during periods of unpaid leave lasting longer than one month. RESPONSIBILITY Supervisors and department heads are responsible for administration of leave without pay. Decisions about granting unpaid leave may be based on the work needs of the department balanced against the needs of the employee. Employees on leave without pay are responsible for returning from leave on the date agreed upon with the supervisor. PAGE 8 (Rev. 11/10/03)

9 Military Leave The University of Detroit Mercy grants leaves of absence and extends reemployment rights to certain persons engaged in military service in accordance with applicable law. All members of the armed forces (Army, Navy, Air Force, Marines and Coast Guard) including the Reserves, the Army and Air National Guards and the commissioned corps of the Public Health Service, and any other person designed by the President are given protection by USERRA (Uniformed Services Employment and Reemployment Rights Act). Such a person cannot be discriminated against by an employer for seeking to serve or serving in the uniformed services. As such, an employer must treat the service member as on leave and must not treat the uniformed service member any worse than any other person on leave of absence to avoid impermissible discrimination. Currently, UDM s leave of absence practice allows employees to remain on their benefit plans. UDM assumes the employee wishes to continue in all of his/her current plans unless UDM is informed otherwise. An employee on an unpaid leave will be automatically billed for premiums due. A military leave is considered a change in family status permitting changes in benefit plan elections. Shortly after the start of the leave, the employee will receive a letter asking if he or she wishes to cancel any coverage during the leave. Once the request to cancel coverage is received in writing, the employee's participation will be stopped. If the employee returns within 30 days of the start of the leave, all benefits will be reinstated without a break in coverage. An individual entering uniformed service simply becomes an inactive participant in his/her pension plans. When the individual returns to employment, the period of military service counts for all purposes under the plan - vesting, participation and benefit accrual. The employee may also make up missed elective contributions and is entitled to a make up of employer contributions under a defined contribution plan. PAGE 9 (Rev. 11/10/03)

10 Military Leave (Continued) Because an employer must extend the same coverage to all employees on leave - in addition to health and dental insurance - life insurance, disability, some FSA and other cafeteria plan programs are included. Life insurance, disability and health policies, however, do not cover service-related injuries. Yet, an employee returning from leave is entitled to all benefits he or she would have had if he or she had never left. As a result, life insurance, disability coverage and cafeteria plan eligibility must all be reinstated if the employee chooses. For additional information regarding military leave, contact the Human Resources department. Personal Personal time off is provided to allow staff employees time to attend to personal business or family needs. Staff employees are permitted three (3) personal days per calendar year. New hires are eligible for personal days after the completion of the introductory period. Personal cannot be used in conjunction with holidays, vacations, sick days, or in back-to-back days. Personal days cannot be used for instances of tardiness. Personal days are not available to part-time employees. Use of personal time requires prior approval of the employee s supervisor. Requests are to be made with as much lead time as possible, with a minimum of one day s notice. Personal days do not accumulate from year to year. Employees must use them or lose them. There is no payment for unused personal days upon termination. PAGE 10 (Rev. 11/10/03)

11 Sick The University provides paid time off for employees who cannot work due to personal illness, non-occupational injury or illness, or illness of a dependent in order to offset a short-term loss of earnings. There is no payment for unused sick days upon termination. Regular, full-time staff employees accrue sick leave each month at a rate of one day per month for each month in which the staff employee has worked at least 80% of the working time up to 80 hours per fiscal year. Accrual of sick days does not begin until after the 90 day introductory period has passed. The maximum accrual of sick days is 1440 hours. Modified full-time staff employees accrue sick hours at the rate of 80% up to a maximum of 64 hours per fiscal year. Regular full-time administrative employees are allotted twelve (12) sick days on the first day of each fiscal year. Newly hired employees receive a prorated share of sick days for each full month worked after completion of their ninety (90) day introductory period up to a maximum of 96 hours. Modified full-time administrators accrue sick days at the rate of 80% up to a maximum of 8 days per fiscal year. Sick days for administrative employees do not accrue from year to year. Regular part-time employees are not eligible to receive sick days. Vacation Employees need time away from the workplace to rest, relax and recharge themselves in order to continue to give excellent service to students and other stakeholders. The University provides a vacation allotment according to an employee's job classification, exempt/non-exempt status and length of University service based on the most recent hire date. All vacation time is awarded at the beginning of the fiscal year, based on the seniority that will be attained during that fiscal year. Vacation time will not accumulate from fiscal year to year. If the employee does not use it, he or she will lose it. When circumstances warrant it, an exception may be requested by the appropriate administrator and authorized by the Director of Human Resources. Any authorized carry-over vacation must be approved by the employee s immediate supervisor and the Human Resources department no later than July 1 of the current year and must be used up within the first 60 days of the new fiscal year. PAGE 11 (Rev. 11/10/03)

12 Vacation (Continued) All vacation requests are to be submitted in writing a minimum of two (2) weeks prior to the desired leave. Supervisors will make every effort to grant requested vacation, subject to the operational needs of the department. In general, vacation requests are granted on a first-come, first-serve basis. However, in cases of conflicting requests, choice of vacation is given to the employee with greater University length of service. Regular full-time employees earn vacation based on the following schedule: Regular Full-time Employees EMPLOYEE GROUP 1 Year All Vice Presidents, Deans and Major Directors All other administrative employees Staff employees YEAR(S) OF SERVICE Regular part-time employees are allotted vacation based on the following schedule, provided they work a minimum of 16 hours in the year preceding their anniversary: Employees Hired to Work: 16 but less than 24 hours 24 but less than 32 hours of Service accrued per PAGE 12 (Rev. 11/10/03)

13 year Vacation (Continued) Modified full-time employees are allotted vacation based on the following schedule: Modified Full-time Employees EMPLOYEE GROUP 1 Year All Vice Presidents, Deans and Major Directors 12 All other administrative employees 8 Staff employees 64 YEAR(S) OF SERVICE New employees will receive a prorated share of vacation based on their hire date, and may not schedule any vacation time until after six (6) months of continuous employment. Terminated employees will be paid for all accrued unused vacation time after careful review and upon accurate accounting of their service to the University. PAGE 13 (Rev. 11/10/03)