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Chapter 340: Employee Absences

340.070 Faculty Leave

Bd. Min. 1-31-08; Amended 2-06-09, 12-10-10, 7-27-12.

  1. Professional Leave - Within the specifications described below, each campus will develop an application and review process to approve leaves and stipulate the duration (not to exceed one year) and support associated for each leave aligned with institutional priorities and commensurate with available resources. All faculty members who accept a paid leave must state their intention to return to the University for the same amount of time they plan to be gone. Return of the faculty member for such period of time does not guarantee that the period of such leave shall be taken into account as service credit for purposes of the University's Retirement, Disability, and Death Benefit Plan. Exemptions to returning to the University at the conclusion of the leave can only be granted by the president upon recommendation of the chancellor. Additionally, all faculty members must file a report on the accomplishments during the leave period as specified by their chancellor or chancellor's designee. 
     
    1. Research Leave. Tenured, tenure-track, and full-time, ranked non-tenure track research faculty members with established scholarly, artistic or research records are eligible to apply for a research leave. A research leave may be taken for a period of time up to a full year. If a faculty member receives an external fellowship or grant support for a research leave, the University may supplement such support to provide full regular salary; if such external support is not received, the University may provide full regular salary. Additional travel funds and leave related expenses may be provided as deemed appropriate.
    2. Development Leave. Tenured, tenure-track and full-time, ranked non-tenure track faculty members are eligible to apply for a development leave to pursue personal, professional, instructional, or administrative development. Development leave may be taken for a period of time up to a full year. If a faculty member receives external fellowship or grant support for a development leave, the University may supplement such support to provide full regular salary; if such external support is not received, the University may provide full regular salary. Additional travel funds and leave related expenses may be provided as deemed appropriate.
    3. Sabbatical Leave. Tenured faculty members are eligible to apply for a sabbatical leave after six or more years of service, and can reapply for subsequent sabbatical leaves six years after the prior sabbatical leave. Sabbatical leaves may be taken for a period of time up to a full year. A faculty member on a sabbatical leave will receive up to one-half their regular annual salary. Additional travel funds and leave related expenses may be provided as deemed appropriate.
  2. Personal Leave - Within the specifications described below, each campus will develop an application and review process to approve personal leaves and stipulate the duration (not to exceed one year) and support associated for each leave. All leaves must be documented in writing, recorded, and approved by signature of the provost or designee.
    1. Leave of Absence. Faculty members may apply for a personal leave without pay. A leave of absence may be granted in cases of exceptional personal or institutional reasons, such as medical leave beyond the requirements of the Family and Medical Leave Act (FMLA). A leave of absence without pay may be granted for a period not to exceed one year and may not extend past the ending date of the faculty member's appointment. Any extension of the one year limit must be approved by the chancellor.
    2. Family and Medical Leave.
      1. Summary: FMLA is a federal law that requires an employer to provide eligible employees with the right to take a leave of absence for family or medical reasons, and leave for military families while maintaining job protection.
      2. Eligibility: Any faculty member who has been employed by the University for a total of at least 12 months at the time of the leave of absence, and who has worked at least 1250 hours in the 12-month period preceding the leave is eligible for a family and medical leave.
      3. General Leave
        (1) The University will provide up to 12 work weeks of leave within any 12-month period for the birth of a faculty member’s child(ren); the adoption of a child by a faculty member, or official placement of a child with a faculty member for foster care (leaves for birth or adoption must be taken within 12 months of the event); the care of a son, daughter, spouse or parent (not parent-in-law) having a serious health condition; and the incapacity of a faculty member as a result of a serious health condition. Leave for the care of an adult son or daughter (at least 18 years old) is not covered unless required as a result of "mental or physical disability" as those terms are defined under the Americans with Disabilities Act.
        (2) The University requires a 30-day notice if the leave is foreseeable. For unforeseen circumstances, the University requires as much notice as is practicable.
        (3) The University requires the health care provider to certify the necessity of the medical leave. Medical leave will be limited to the duration of the serious health condition, as defined by FMLA. A faculty member may take intermittent leave or leave on a reduced work schedule if medically necessary for his/her own serious health condition or the serious health condition of an immediate family member. Intermittent leave may also be taken for covered service member leave or a qualifying exigency. A faculty member taking intermittent leave must make a reasonable effort to schedule such leave so as not to unduly disrupt University operations. Intermittent leave is not available for birth, adoption, or foster care. A health care provider's certification will be required for return to work from the faculty member's own serious health condition.
        (4) Faculty members who take family and medical leave, either paid or unpaid, shall not, because of such leave, be assigned heavier work load or be otherwise discriminated against.
      4. Qualifying Exigency Leave: The University will provide up to 12 work weeks of leave within any 12-month period for a qualifying exigency. A qualifying exigency arises out of the fact that the faculty member's spouse, son, daughter, or parent has been notified of an impending call or order to federal active duty in the Reserve or National Guard. Qualifying exigency leave may be taken for an adult son or daughter, including the eligible faculty member's biological, adopted or foster child, stepchild and legal ward. The University may require a copy of the applicable military member's active duty orders and a certification providing the appropriate facts related to the qualifying exigency.
      5. Covered Service Member Leave: An eligible faculty member who is the spouse, son, daughter, parent, or blood relative of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty and is actively receiving medical treatment, is entitled to up to 26 weeks of leave in a single 12-month period to care for the service member. The University requires medical certification from the military that the service member is recovering from a serious injury or illness sustained in the line of duty on active duty and is actively receiving medical treatment.
      6. Paid Family and Medical Leave: 
        (1) A tenured, or tenure-track, or full-time, ranked non-tenure track faculty member who is eligible for family and medical leave will be paid, up to 12 weeks, during any portion of such leave that occurs during the faculty member's normally scheduled work duties. Paid family and medical leaves cannot exceed more than two 12-week paid leaves within a six-year period. Additional leaves during any six-year period will be unpaid. However, if such faculty member is covered by another approved University vacation/sick leave policy, the provisions of such vacation/sick leave policy shall apply in determining the extent to which the family and medical leave shall be paid.
        (2) Under no circumstance can a faculty member exceed 12 weeks of family and medical leave within any 12-month period unless such leave is for covered service member leave for which the maximum is described in Section 340.070.B.2.h. below. However, given that the traditional semester is 16 weeks in duration, it is important not to interrupt the teaching and learning environment of students. Therefore, any faculty member who would normally have teaching responsibilities and is returning from a family and medical leave mid-semester will not be expected to return to the classroom until the start of a new term. In order to receive pay upon the return from a 12-week family and medical leave or a 26-week covered service member leave, a differentiated work load must be negotiated. This differentiated work load must be documented in writing and approved by the department chair, dean[1] and the provost or designee. If negotiated, the faculty member may be eligible to receive pay for the remainder of the semester.
      7. Unpaid Family and Medical Leave: All faculty members eligible for family and medical leave not listed as entitled to paid leave shall be entitled to such leave without pay unless they are covered by another approved University vacation/sick leave policy in which event the provisions of such vacation/sick leave policy shall apply.
      8. Maximum Leave: The maximum leave permitted during a 12-month period is 12 weeks for eligible faculty under all general and qualifying exigency leaves (used independently or in combination). The maximum leave permitted during a 12-month period for covered service member leave is 26 weeks for eligible faculty, which includes the 12 weeks of general or qualifying exigency leave if needed in the same 12-month period.
      9. Intermittent Leave: Subject to the maximum level specified previously, a faculty member may take intermittent leave or leave on a reduced work schedule if medically necessary for his/her own serious health condition or the serious health condition of an immediate family member. Intermittent leave may also be taken for covered service member leave or a qualifying exigency. An employee who takes intermittent leave must make a reasonable effort to schedule such leave so as not to unduly disrupt university operations. Such leave is not available for birth, adoption or foster care.
  3. Military Leave. See Human Resource Manual for procedures associated with a military leave.
  4. Extension of Probationary Periods - For tenure-track faculty members who take a family and medical leave in excess of six weeks, the probationary period will be extended for a period of one year with a maximum of two one-year extensions during the probationary period. The extension of the probationary period does not preclude a tenure-track faculty member from making a request for a promotion and tenure decision at an earlier date. Tenure-track faculty members who take a family and medical leave may choose to decline the extension and retain their original probationary time period. Any other extension of the probationary period is left to the discretion of the chancellor.
  5. Definition of Full-time, Ranked, Non-Tenure (NTT) Faculty. For purposes of this policy, there shall be four main types of full-time, ranked NTT faculty. Each should have primary responsibility in a single area: teaching, or research, or clinical practice, or extension activities. The titles should identify the area. Within each area, there shall be three ranks:
    1. Research faculty (Research Professor, Associate Research Professor, Assistant Research Professor)
    2. Teaching faculty (Teaching Professor, Associate Teaching Professor, Assistant Teaching Professor)
    3. Clinical/Professional Practice faculty (Clinical Professor, Associate Clinical Professor, Assistant Clinical Professor or Professional Practice Professor, Associate Professional Practice Professor, Assistant Professional Practice Professor)
    4. Extension faculty (Extension Professor, Associate Extension Professor, Assistant Extension Professor, Extension Professional, Associate Extension Professional, Assistant Extension Professional)
    5. Librarian faculty (Librarian I/II, Librarian III, Librarian IV) on campuses whose librarian faculty have opted for NTT status as a body, whose faculty council or faculty senate, as appropriate to the individual campus, has formally recognized librarian faculty as having NTT status as a body and whose Chancellor has approved such recognition.

[1] On campuses with no schools or colleges and, therefore, no deans, there is no requirement for approval by the dean.


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