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. Hours 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. 05/22/17

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. 05/22/17

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. 05/22/17

4 Family Medical Leave (FMLA (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. 05/22/17

5 Family Medical Leave (FMLA (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. 05/22/17

6 Family Medical Leave (FMLA (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. 05/22/17

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. 05/22/17

8 Leave of Absence (Continued LEAVE REASONS AND LENGTH Generally, leaves of absence are granted for 7 to 120 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. 05/22/17

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. 05/22/17

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 Business Time Policy Revised January 1, 2014 After 90 days of employment, full-time staff employees shall be allowed to take up to twenty-four (24 personal business hours per fiscal year. Employees should give as much advance notice as possible before scheduling personal days with their supervisors, except in cases of emergency. Personal business time can be used in quarter hour increments. Personal time cannot be carried over from fiscal year to fiscal year and there will be no payment for any unused personal business time upon termination of employment. Sick Leave Policy Revised January 1, 2014 The University recognizes that inability to work because of illness or injury may cause economic hardship. For this reason the University provides paid sick hours to eligible full-time employees. Full Time Staff Employees Employees will accrue sick hours at the rate of eight hours per month up to a maximum of 96 hours per year. Earned hours will be added to an employee s sick PAGE 10 (Rev. 05/22/17

11 Sick Leave Policy (Continued hour bank on the first pay of each month. Sick hours will not accrue while an employee is on Short Term Disability Leave or on an unpaid Leave of Absence. Modified full time staff employees will accrue sick hours at the rate of 80% up to a maximum of 64 hours per fiscal year. Unused sick hours may be accumulated to a maximum total of one thousand four hundred forty (1440 hours. There is no early cash out or payout for unused sick hours when employees leave the University. Newly hired staff employees will begin to accrue sick hours immediately and will be eligible to use their sick hours immediately upon completion of their probationary period. Full Time Administrative Employees Employees will be granted 96 sick hours each year on the first pay of the fiscal year. There is no carryover of sick hours from year to year or payout for unused sick hours when employees leave the University for administrative employees. Modified full time administrative employees will be granted sick hours at the rate of 80% up to a maximum of 64 hours per fiscal year. Newly hired administrative employees will be granted sick hours immediately and will be eligible to use their sick hours immediately upon completion of their probationary period. Use of Sick Hours Sick hours can be used for the following reasons: Employee s own illness, injury and/or disability Employees own appointment with a duly-licensed health care provider, including physicians, surgeons, osteopaths, dentists, psychiatrists, counselors, etc. Emergency illness, injury and/or disability of an employee s spouse or dependent. Such emergency must require the attendance of the employee for home care or hospital care or be necessary due to the critical or serious condition of the family member s health. PAGE 11 (Rev. 05/22/17

12 Sick Leave Policy (Continued To bring an employee to pay for an approved qualified FMLA event. Employees absent for more than three consecutive days will be required to produce a doctor s slip upon their return to work. Vacation Policy Revised May 22, 2017 Vacation Philosophy To promote the health and well-being of the University s employees, vacations are scheduled at the mutual convenience of the department and the employee. There is no provision for pay in lieu of granted vacation except at termination. For this reason, the University encourages all employees to take their vacation time within the fiscal year in which it is granted. However, to provide employees with scheduling flexibility, a maximum of 80 hours of accrued/earned vacation may be carried over into the fiscal year following the year it was accrued/earned. Conditions for Paid Vacation Time The University provides paid vacation time to be used by the employee provided that the following requirements are met: 1. The employee has completed their probationary period; 2. The employee is eligible for vacation and has been granted the time; and 3. The employee obtains supervisory approval. Eligibility Vacation time with pay is a benefit provided to eligible full-time employees. Part-time employees other than casual part time will receive vacation time with pay based on their date of hire. Casual part time employees are those who work from time to time but are not scheduled hours on a regular basis Earning Vacation The University provides vacation time according to an employee's job classification, exempt/non-exempt status and length of University service based on the employee s seniority date. Half of an employee s annual vacation time will be granted on July 1 and January 1 of each fiscal year. The total amount of vacation time that employees will receive during the fiscal year will be based on the seniority they have or will attain during the 6 months following each half-year grant: PAGE 12 (Rev. 05/22/17

13 Vacation Policy (Continued Full Time Staff Employees Less than one (1 year Prorated up to a max of 80 hours One year to less than five (5 years 80 hours Five (5 years to less than ten (10 years Ten (10 years to less than twenty (20 years Twenty (20 years and above 120 hours 160 hours 200 hours Full Time Administrative Employees Less than one (1 year Prorated up to a max of 80 hours One year to less than two (2 years 80 hours Two (2 years to less than ten (10 years 160 hours Ten (10 years and above 200 hours Part Time Staff and Administrative Employees Less than one (1 year Prorated up to a max of 24 hours One year to less than five (5 years 24 hours Five (5 years to less than ten (10 years 32 hours Ten (10 years to less than twenty (20 years 40 hours Twenty (20 years and above 48 hours Vice Presidents, Deans and Major Directors will receive 40 additional hours of vacation each year. Modified full time employees will receive vacation at 80% of the amount indicated in the tables above. Newly hired employees will receive a prorated amount of vacation time upon completion of the probationary period. The proration will calculate back to date of hire. If a part-time Employee is given permanent full-time employment, his/her service for the purpose of these vacation pay provisions shall be deemed to start at the commencement of his/her employment on a full-time basis. PAGE 13 (Rev. 05/22/17

14 Vacation Policy (Continued Scheduling Vacation Vacations are scheduled at the mutual convenience of the department and the employee. Normally, employees are expected to submit a written request to their supervisor 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. University holidays occurring during a vacation period are not counted as vacation days. Transfer Employees transferring from one department to another department retain their earned vacation. When a change in status occurs (i.e., staff to administrator, the method of earning vacation will be adjusted accordingly and prorated during that fiscal year. There will be no vacation payout when an employee transitions from one employee classification to another. Termination An employee who provides at least two (2 weeks notice of resignation will be paid for any vacation time which has been accrued but not yet taken based on their seniority at time of termination: 0 to <2 years 40 hours maximum payout 2 to <10 years 80 hours maximum payout 10+ years 120 hours maximum payout 40 hours maximum payout for regular part-time employees Vacation payout will be paid to separating employees in their final paycheck. Employees who are terminated for cause are not eligible for vacation payout. PAGE 14 (Rev. 05/22/17

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