Other Types of Time Away From Work
The information below provides program and procedure guidance for University Policy 6.9, Time Off and Leaves.
Also see:
Jury Duty/Court Appearances
Purpose & Definition
Jury Duty
Time spent on jury duty by regular full- or part-time staff members or benefits-eligible temporary employees does not have to be made up. In addition, these individuals will be paid at their regular rates of pay for time spent serving on jury duty upon submission of the summons to the supervisor.
Other Appearance in Court
A regular full- or part-time staff member or benefits-eligible temporary employee who is subpoenaed by the university to appear in court as a witness, or subpoenaed for an employment-related matter, is paid the regular rate of pay upon submission of the summons or subpoena to the supervisor.
Caution: A regular full- or part-time staff member or benefits-eligible temporary employee who appears in court on their own behalf or who is subpoenaed for a non-work related matter must use health and personal leave or vacation time.
Eligibility
Non-benefits-eligible temporary and casual employees are covered under New York State law, which requires that they receive wage continuation of up to the first $40.00 of their daily wage for each of the first three days of jury service in a New York State Court (and not in a court of any other jurisdiction). Units are responsible for ensuring that these wages are paid. Should a case arise in the college/unit, contact the local HR representative.
Procedure
- Staff members must notify their supervisors immediately after receiving the summons for jury duty or the subpoena to appear in court.
- Staff members must work during normal working hours when court is not in session.
Lactation Time
Purpose & Definition
Note: This program does not accommodate breast/chest feeding in the workplace.
Eligibility
Time Away from Work Accommodations
Employees are entitled to thirty (30) minutes of paid time for this purpose in addition to other paid breaks each time the employee has a reasonable need to express milk during the first three (3) years following the addition of a child to the family. An employee may be required to postpone scheduled break time for up to thirty minutes if they cannot be spared from their duties until appropriate coverage arrives. The time away needs of the employee may evolve in duration and frequency and must be revisited by the employee and the supervisor in accordance with the unit’s procedure for requesting time off.
Private Space Accommodations
The university has designated lactation rooms - see Directory of Lactation Rooms.
Employees are encouraged to use scheduling tools if available and identified on the directory. If demand exceeds availability of a room, a user may contact the college/unit level HR representative or Work/Life in Human Resources to address needs.
When a lactation room does not exist in the building where the employee performs work, and nearby rooms will appreciably extend the amount of time needed away from work, reasonable attempts must be made to provide alternative temporary space.
Permanent and temporary spaces must meet the following criteria: sanitary (not a restroom), private (shielded from view, free from intrusion, and with functional lock), well-lit through natural or artificial light, electrical outlet, chair, surface to rest the pump and other personal items, and nearby access to running water. The employee must be provided access to refrigeration suitable for milk storage in reasonable proximity to the employee’s work area.
If a room is used for multiple purposes, or the designated lactation room is used for non-lactation needs, employees needing to express milk must be given priority access. When an employee is using the temporary room to express milk, the college/unit shall provide notice to other employees that the room is given preference for use as a lactation room.
Workers who work remotely are eligible to take pump breaks on the same basis as on-site employees and must also be free from observation by any employer-provided or required video system including computer camera, security camera or web conferencing platform. The university will comply with all legal state or local requirements, including providing greater or different benefits than those indicated here.
Academics
Academic employees seeking time away from work to express milk should refer to University Policy 6.2.1, Leaves for Professors and Academic Staff.
Responsibilities
Academic Staff Member Seeking Time Away from Work to Express Milk | Refer to University Policy 6.2.1, Leaves for Professors and Academic Staff. |
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College/Unit Making Space Accommodations | Provide a private space in close proximity to the work area for individuals expressing milk, within five business days of receipt of the request. |
Employee Seeking Accommodations | Contact supervisor or college/unit level HR representative, in advance, to request time away from work accommodations. Review the university directory of lactation rooms and complete the Lactation Room Request Form to request access to one or more rooms in advance of needing the space. A room coordinator will follow up with you about your request. Contact college/unit level HR representative or Work/Life in Human Resources to request alternative or temporary private space accommodations, if a designated space is not within a reasonable distance. |
Supervisor | Respond to requests for time away from work to express milk, in accordance with college/unit procedure. |
Work/Life in Human Resources | Consult with individuals, supervisors, HR representatives, and facility leaders on the creation and maintenance of private spaces for lactation rooms and advise on time away from work regulations and best practices. |
Procedure
Accommodation Process
To request time away from work and private space accommodations, a staff member must:
- Request time off, in advance, from the staff member’s supervisor, in accordance with the unit’s procedure for requesting time away from work.
- The supervisor must respond in accordance with unit procedure and may contact the college/unit HR representative or Work/Life in Human Resources to receive guidance.
- Review the university directory of lactation rooms and contact the identified room coordinator to obtain access to the desired room, in advance of needing access.
- Contact the college/unit HR representative or Work/Life in Human Resources to request alternative or temporary private space accommodations if a designated space is not within a reasonable distance. Requests must be responded to within five business days.
- As time away from work needs evolve, the employee and supervisor will work together to address scheduling changes in accordance with their unit’s procedure for requesting time away from work.
- Review the Work/Life Lactation Support webpage for more information for pumping parents and those who support them.
Voting Time
Purpose & Definition
Upon request, the university must provide up to two hours of paid leave to employees who are scheduled to work on election day and who request time away from work to vote in a covered election* if the following conditions are met:
- The employee is a registered voter in New York State, and
- The employee has less than four consecutive hours either between the opening of the polls and the beginning of their shift, or between the end of their shift and the closing of the polls.
Supervisors may designate whether the time off will be taken at the beginning or end of the employee’s shift, unless otherwise mutually agreed.
Note: Cornell employees who work in a state other than New York State are subject to the voting time laws and requirements, if any, of that state. Please refer to the Summary of Voting Laws By State for specific information.
*Election: The election of individuals to any federal, state, county, city, town, or village as well as an election to decide on any ballot question submitted to all voters of the state, county, or city. Election includes primary and general elections. Election also includes deciding on any ballot question submitted to the voters of any town or village at the time of a general election. School district, library, fire district, or special town elections and early voting periods are not covered.
Eligibility
Responsibilities
Eligible Employee Seeking Time Away from Work to Vote | Request time off from supervisor no more than ten, no less than two, working days before the election in accordance with customary unit procedures for requesting time away from work. |
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Supervisor | Respond to requests for time away from work to vote. Designate, if business needs warrant, whether the time off must be taken at the beginning or end of the shift, unless otherwise mutually agreed. |
Workforce Policy | Consult with employees, supervisors, and HR representatives, upon request, for clarification of responsibilities under this program. |
Procedure
Requesting Time Off for Voting
- Nonacademic Staff Members: Provide no more than ten, nor less than two days, advance notice to their supervisor of their request for time off in accordance with the customary unit procedures for requesting time off. Employees should only request the amount of paid time off that will enable them to vote, not to exceed two hours.
- Academic Staff Members: For guidance, refer to University Policy 6.2.1, Leaves for Professors and Academic Staff.
Recording Time Off for Voting
- Nonexempt staff members who take time away from work to vote should accurately record the number of hours taken as “Voting” in the university’s time collection system.
- Exempt staff members should track the paid time off per the customary procedure in their work units.
Blood Donation Leaves
Purpose & Definition
Upon request, the university must provide three hours of unpaid leave per calendar year to eligible faculty and staff members who wish to donate blood. Requests for more than three hours, or requests from non-eligible employees for blood donation purposes is subject to supervisory approval.
Eligibility
Use of Accruals
Eligible employees with accrued time may choose to use accrued health and personal leave or vacation for all or part of the leave taken for blood donation purposes.
Note: Use of accruals by exempt staff members should be handled in accordance with college/unit procedures.
Responsibilities
Faculty and Academic Staff | For responsibilities, refer to University Policy 6.2.1, Leaves for Professors and Academic Staff. |
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Supervisor | Approve a minimum of three hours of time away from work for eligible employees, upon request. Consider and respond to requests from eligible employees for more than three hours of time away from work. Consider and respond to request from non-eligible employees for time away from work for blood donation purposes. |
Staff Members and Student Employees | Request time off from the supervisor, in advance, in accordance with the unit’s procedure for requesting time off from work in general. Provide confirmation of attendance at the blood donation site, if requested by the supervisor. |
Procedure
Requesting Blood Donation Leave
- Nonacademic Staff: Nonacademic staff members must request time off, in advance, from the supervisor in accordance with their unit’s procedure for requesting time away from work in general. Supervisors must respond in accordance with unit procedure.
- Academic Staff: For guidance, academic staff should refer to University Policy 6.2.1, Leaves for Professors and Academic Staff.
Record Keeping
Supervisors may require confirmation from the employee of their attendance at the blood donation site.
Military Leaves of Absence
Purpose & Definition
Eligibility
Notification for Military Leaves of Absence
Unless giving notice is unreasonable or precluded by military necessity, employees requiring a military leave of absence should provide their supervisors with a written or verbal advance notice along with a copy of the military order, if available. It is recommended that the notice be given to the supervisor at least of two weeks before the military leave of absence date.
To affect the military leave, a copy of the military order should be kept on file at the department level and an HR/Payroll system transaction should be completed.
Military Leave of Absence for Reserve/Guard Training or Periodic Physical Fitness Examinations
Paid Leave
Military leaves of absence with pay are provided to eligible employees for Reserve/Guard training or periodic physical fitness for duty examinations of any duration up to 15 calendar days (two weeks) in a calendar year. To be eligible for paid training leave, employees must have the following:
- a regular full- or part-time position appointment
- at least 90 days of Cornell continuous service prior to the date the military training leave is to begin
Leave Pay
- will be based on the employee’s normal rate of base pay and standard hours of appointment
- is the employing unit‘s funding responsibility
- is not deductible from any vacation or health and personal leave that the employee may have accrued
Military Leave of Absence for Active Duty
Military leaves of absence for active duty (excluding reserve/guard training duty) are provided as unpaid leave to eligible employees.
Supplementing Unpaid Leave
Employees with at least 90 days of Cornell continuous service prior to the date the leave begins, may use accrued vacation or health and personal leave to supplement the unpaid military leave with the approval of their unit head or designee (see the separate Vacation and Health and Personal Leave sections of the Time Off and Leaves Program).
Employees with fewer than 90 days of Cornell continuous service prior to the date the leave begins generally are not eligible to use accrued vacation or health and personal leave to supplement unpaid military leave (see the Vacation and Health and Personal Leave sections of the Time Off and Leaves Program).
Eligibility for Reemployment
Under the USERRA, a person’s cumulative length of absence and all previous absences from their position of employment (with the same employer) for service in the uniformed services is limited to five years. However, eight categories of service, exempt from the five-year limitation, can be grouped into three broad categories:
● Required drills and annual training, other training duty certified by the military to be necessary for professional development, or skill training/retraining
● Service performed during time of war or national emergency and when the individual is unable (through no fault of the individual) to obtain release from service
● Service in excess of five years to fulfill an initial period of obligated service, and voluntary service in support of critical mission/contingency/military requirement
To be eligible for reemployment, the individual:
- Must have been a regular full- or part-time employee who left Cornell employment for the purpose of entering active military duty or training, inactive duty for training, or full-time National Guard duty
- Must still be qualified to perform the duties of such position and the employer’s circumstances have not changed so as to make it unreasonable to reinstate the individual
Note: Cornell acknowledges its responsibility as an employer to undertake reasonable efforts to qualify the individual for reemployment in the same or similar position. In case of disability incurred in, or aggravated during military training/service, Cornell will expend reasonable efforts to accommodate that disability.
AND
3. Must have been discharged or released from active duty “under honorable conditions”
AND
4. Must have provided Cornell with advance written or verbal notice of the military service, unless giving notice is precluded by military necessity and must notify their supervisor within the proper time frame of intent to return (see the Exceptions in Accordance with New York Law section of this program below for additional information)
AND
5. Must comply with Cornell’s requests for documentation to establish any of the above criteria.
Additional Information for Individuals Returning from Military Leave that Is Less than 31 Calendar Days
Individuals on leave for less than 31 calendar days must report to work no later than the beginning of the first full regularly scheduled work period that starts at least eight hours, after the person has been safely transported from the place of uniformed service. If reporting at that time is impossible or unreasonable through no fault of the individual, the individual should report to work as soon as possible after the eight-hour period. The same rule applies to individuals required to report for examinations to determine their fitness to serve in the uniformed services.
Note: Any individual who is restored to a position shall not be discharged from such position without cause, within one year after such restoration.
Exceptions in Accordance with New York State Law
- Individuals on military leave for the purpose of military service, regardless of the duration of such service, may apply for reemployment within 90 calendar days of the date they are unconditionally released from military service.
- Individuals on military leave for the purpose of initial full-time training duty or initial active duty will have up to 60 calendar days to apply for reemployment.
- Individuals on military leave for the purpose of annual training amounts of fewer than 31 calendar days will have up to ten calendar days to apply for reemployment.
Benefits
The table below outlines changes that are indicated by a military leave of absence.
Vacation and Health and Personal Leave Accrual | Eligible regular exempt and nonexempt employees’ vacation and health and personal leave will accrue on paid hours/days as appropriate as if they had remained continuously employed (see the Vacation and Health and Personal Leave sections of the Time Off and Leaves Program. ◆Note: Nonexempt employees’ accruals will be based on an overall, average of the total hours an employee would have worked if they had remained continuously employed. |
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Life and Health Insurance Coverage | For a period of up to 31 calendar days, life and health insurance will be continued on the same terms and conditions as if the individual were not on leave. Beyond 31 calendar days until the maximum period of coverage (which may be either the 18-month period beginning on the date the military leave begins, or the day after the date on which the individual fails to apply for or return to a Cornell position of employment), the individual will have the option of maintaining health insurance at the cost of not more than 102% of the full premium under the plan. |
Leave of Absence for Military Spouses
Under New York State Law, effective August 16, 2006, regular or temporary full- or part-time (20 hours/week or more) staff who are married to members of the armed forces may request up to 10 days of unpaid leave while their spouse is on leave from the armed forces during a period of military conflict. Supervisors must grant such leave to eligible staff members upon request. Staff members may elect to use vacation accruals in lieu of unpaid leave, and the supervisor may not deny the use of vacation accruals under these circumstances. “Members of the armed forces” also includes the national guard or reserves who have been deployed during a period of military conflict to a combat theater or combat zone of operations. “ A period of military conflict” is defined as a period of war declared by the U.S. Congress, or in which a member of the reserve component of the armed forces is ordered to active duty. This leave is an entitlement for an eligible employee only when the employee’s spouse is on leave from the armed forces during a period of military conflict. However, absent such circumstances, leave under other university policies such as Personal Leave of Absence may be granted at the discretion of the supervisor. For more information, see the New York State Labor Law Article 7, Section 202-i and the Leave of Absence without Pay section below.
Leave of Absence for Military Families
In 2009, an amendment to the federal Family Medical Leave Act (FMLA) resulted from the enactment of the National Defense Authorization Act (NDAA), which called for the addition of two new categories of unpaid, job-protected leave for families of military personnel: Military Caregiver Leave and Military Exigency Leave. Details of these leaves are available in the Family Leaves section of the Time Off and Leaves Program.
Voluntary Emergency Responders
Purpose & Definition
Volunteer Firefighters and Volunteer Ambulance Service Emergency Medical Technicians - Paid Leave
Volunteer firefighters and emergency medical technicians affiliated with volunteer fire departments and volunteer ambulance corps are paid at their regular (straight time) rate of pay when responding to a working fire or emergency call during normal working hours. Supervisors are accountable for ensuring that appropriate staffing levels are maintained in order to accomplish the work of the units.
In the event that a volunteer firefighter and/or emergency medical technician is required to respond to a working fire or emergency during the eight hours immediately preceding the start of the employee’s shift, the employee will receive paid leave during the upcoming shift equal to the actual time spent in resolving the emergency or fire.
Caution: Employees do not receive paid leave that exceeds their scheduled work hours for that day.
- Employees must notify their unit supervisors of their firefighting or emergency technician’s status.
- When called to a working fire or emergency, employees should immediately notify their supervisors.
- When the employees are no longer needed at the fire or emergency, they should return to work to finish any remaining time on their shifts.
- Upon request, employees must provide their supervisors with appropriate documentation from the volunteer organization with which they are affiliated, verifying the date and duration of deployment.
Volunteer Firefighters and Volunteer Ambulance Service Members - Declared State of Emergency - Unpaid Leave
Under New York State law, unpaid leave must be provided to employees who are members of volunteer fire departments and volunteer ambulance squads when those employees act as responders during a declared state of emergency. This occurs when either a “Local State of Emergency” is declared by a county executive, town supervisor, village or city mayor, or a “State Declaration of Disaster Emergency” is declared by the Governor. This leave is available only during the time that an emergency exists while the employee is engaged in the actual performance of their duties as a member of the volunteer service and such duties are related to the declared emergency. This leave is available to regular full- and part-time academic and non-academic employees.
Employees granted leave who are covered under the Health and Personal Leave or Vacation sections of the Time Off and Leaves Program may choose to use such available accruals during all or part of the leave, or they may take the leave as unpaid.
Note: To ensure compliance with the federal Fair Labor Standards Act, an exempt employee’s salary may not be improperly reduced (i.e., docked). Colleges and units may not reduce an exempt employee’s salary without prior review and approval by the college/unit HR representative.
Eligibility
Under New York State law, unpaid leave must be provided to employees who are members of volunteer fire departments and volunteer ambulance squads when those employees act as responders during a declared state of emergency.
Regular full- and part-time academic and nonacademic employees who are trained and registered as emergency responders with the Red Cross or other similar organizations may be granted up to five days of paid leave per calendar year for time away from work needed to provide volunteer services related to disaster relief.
Notice and Documentation Requirements
● To be eligible for this leave, the employee must provide advance written documentation from the head of the fire department or volunteer ambulance service notifying the supervisor/manager of the employee’s status as a volunteer firefighter or member of a volunteer ambulance service.
● Upon return from leave, and upon request from the supervisor/manager, the employee must provide a notarized statement from the head of the volunteer fire department or volunteer ambulance service, certifying the period of time the employee responded to the declared emergency.
Undue Hardship Exception
If a college/unit considers denying this leave to a staff member on the basis of an undue hardship, the college/unit HR representative must conduct a timely and appropriate analysis, and consult with Workforce Policy at hrpolicy@cornell.edu, before the leave is denied.
Emergency Responder Leave – Red Cross/Other Similar Organizations
Regular full- and part-time academic and nonacademic employees who are trained and registered as emergency responders with the Red Cross or other similar organizations may be granted up to five days of paid leave per calendar year for time away from work needed to provide volunteer services related to disaster relief.
Guidelines for this paid leave are as follows:
● All time away will require the advance approval, in a manner consistent with the nature of the emergency, of the supervisor after consideration of business needs.
● Paid time is granted for official volunteer operations in connection with a local, regional, or national disaster.
● Cornell employees who are trained and registered as emergency responders should provide their supervisors with appropriate documentation from the Red Cross or similar agency of such training and registration.
● When requesting paid leave, the employee will provide written documentation to their supervisor specifying specific dates and duration of deployment, whenever possible.
● If the supervisor approves more than five days of time away from work, the employee must use appropriate accruals to receive pay beyond five days, of the employee may elect to take leave without pay.
Catastrophic Leave Donation
Purpose & Definition
Catastrophic Leave Donation calls for Cornell colleges/units to establish and administer voluntary leave donation programs that provide a means to assist staff members who experience a catastrophic event and have exhausted their paid leave benefits, with the exception of up to five days of vacation which the staff member may elect to save. Catastrophic Leave Donation programs allow regular staff members who have completed one year of service to voluntarily donate accrued leave to another regular staff member within their college/unit.Because of the diverse funding and operational nature of Cornell colleges/units, some of the guidelines described in this Catastrophic Leave Donation section of the Time Off and Leaves Program are broadly defined. This gives colleges and units the flexibility to adapt such guidelines to fit their respective organizational needs. However, catastrophic leave donation guidelines must be consistently administered within each college/unit.
Because of the diverse funding and operational nature of Cornell colleges/units, some of the guidelines described in section are broadly defined. This gives colleges and units the flexibility to adapt such guidelines to fit their respective organizational needs. However, catastrophic leave donation guidelines must be consistently administered within each college/unit.
Intent
Cornell University provides eligible staff with generous paid time away from work benefits including, but not limited to, health and personal leave and vacation accruals. It is expected that staff members will exhibit good stewardship over their health and personal leave and vacation accruals by maintaining adequate balances if extended time away from work ever becomes necessary. However, the university realizes that a situation may arise in which a staff member may experience a catastrophic event and has exhausted (or nearly exhausted, in the case of vacation) their paid leave benefits. The university wishes to allow university staff members to assist colleagues in these situations.
Note: This program is not an additional leave entitlement or benefit, but rather a means of allowing staff members in Cornell University colleges/units to assist colleagues in need.
Caution: Confidentiality is an important aspect of the catastrophic leave donation program, and it is expected that all staff members, (e.g. donors, recipients,administrators, supervisors), regardless of their decision to participate in a catastrophic leave donation, will do their part to maintain such confidentiality.
Eligibility
Upon completion of one year of service, all full- or part-time staff in a regular nonacademic position, and academic staff who accrue vacation are eligible to participate, either by donating time (donors) or by accepting donations (recipients). In addition, donors and recipients must meet the following criteria:
Donors
Staff members are eligible to donate paid leave if they have a minimum combined total of 15 days of vacation and health and personal leave after making the donation.
Recipients
All accrued vacation, health and personal leave and other paid leave (if any) must be exhausted before receipt of donated leave, with the exception of up to five days of vacation, which the staff member may elect to save.
The staff member must not have a disciplinary history related to the abuse of leave time or absenteeism on record prior to the need for the donated leave.
Conditions of Making or Receiving Donations
The following conditions apply to donations of paid leave made or received:
- Donations may be made only in response to a catastrophic event.
- The absence must be expected to continue for an extended period of time, but it does not have to be in consecutive or full days to qualify for donated leave.
- The maximum amount of vacation or health and personal leave that may be donated by an employee is 10 days, in total, per fiscal year.
- Donations must be made in full-day increments. A full day equals one-fifth of the donor’s standard weekly hours of appointment. For example, a full day = 8 hours for 40 standard weekly hours, and a full day = 4 hours for 20 standard weekly hours.
- Accruals that the donor would otherwise forfeit or not be entitled to use are not eligible to be donated.
- The recipient will only be provided with the amount of donated leave that is actually needed (e.g., excess or unused donations will not be kept by the recipient).
- Medical verification of the illness or condition may be required by the college/unit only if such requests are coordinated through the Division of Human Resources’ Medical Leaves Administration.
- An individual’s ability to receive donated leave may be limited if s/he is paid from a grant, contract, or other restricted funding source. This may require the recipient to be paid from another funding source.
- Donations of leave may not be used to extend the recipient’s employment beyond the end of the term of appointment or the point at which it would otherwise end by operation of law, policy, rule, administrative prerogative, or regulation (e.g., the end of a short-term disability).
- The conversion of donated leave to a recipient’s accrual will be done on a day-for-day basis.
- Whether recipients earn health and personal or vacation accruals while using donated paid leave will be determined by the specific leave that applies to their absence.
Tax Implications
Donors: The donor receives no benefits or tax penalties for the donation.
Recipients: The use of any donated leave (i.e., additional vacation and/or health and personal days) constitutes wages for the recipient subject to all payroll tax withholding.
Responsibilities
College/Unit HR Representative or Designee | Administer catastrophic leave donation cases in accordance with this section of the Time Off and Leaves Program and established college/ unit practices. Receive requests for catastrophic leave donations. Evaluate cases for eligibility under this section of the Time Off and Leaves Program in consultation with appropriate leadership in the college or unit. Request assistance from Medical Leaves Administration if medical verification is needed in the administration of this program. Inform college/unit staff members that voluntary donations are being accepted. Maintain accurate record keeping at the college/unit level, and communicate transfers and credits of donated leave to the central Payroll office on a timely basis. Designate the recipient’s absence in accordance with the appropriate leave type (e.g., short-term disability, family and medical leave, personal leave, etc.). |
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Medical Leaves Administration - Benefits | Obtain necessary medical information in order to consult, upon request, with the college/unit HR office as to whether a case qualifies as a catastrophic event under this program. |
Procedure
Requesting Donations
Request for catastrophic leave donations must be submitted for consideration to the local HR representative for the college or unit in which the intended recipient is employed.
Processing Donations
The Catastrophic Leave Donation program is intended to be used on a case-by-case basis when a qualifying catastrophic event involving a staff member is brought to the attention of the college/unit HR representative or designee. The college/unit HR representative or designee is responsible to do the following in such cases:
- Review the prospective recipient and donor eligibility in consultation with the appropriate college/unit representatives, including verification with Medical Leaves Administration that the illness or condition qualifies as catastrophic, if required. If the decision of the designated college/unit representative(s) is to deny the request for catastrophic leave donation, the decision may be appealed in writing to the dean or vice president of the college/unit within one week of the initial denial, and the decision of the dean or vice president will be final.
- Inform college/unit staff members that voluntary donations are being accepted.
- Maintain accurate record keeping involving transfers and credits of donated leave.
- Designate the recipient’s absence in accordance with the appropriate leave type (e.g., short-term disability, family and medical leave, personal leave, etc.). If the absence qualifies under the Family and Medical Leave Act (FMLA), such leave time shall be charged against the recipient’s 12-week FMLA entitlement. The unit reserves the right to approve, deny, continue, or discontinue a leave in accordance with the provisions of the specific leave type, regardless of the amount of donations available.
Making Donations
Eligible staff members must request to donate leave voluntarily and formally by submitting the Catastrophic Leave Donation Form to the designated college/unit HR officer or designee (see Related Resources and Forms).
Caution: Personal solicitation of donations by staff members is prohibited.
Forms
Leaves of Absence Without Pay
Types of Leave of Absence Without Pay
• Family Leaves (includes Parental Leave and Family Health Leave) (formerly referred to as “Family
Medical Leave” (FML))
• Personal Leave of Absence (formerly referred to as “department leave”)
• University Leave of Absence
Family Leaves
Personal Leave of Absence
A leave for personal reasons is an unpaid leave that may be granted, at the reasonable discretion of the supervisor, for up to a total of 26 weeks during the fiscal year (July 1 - June 30). This leave may be granted for the following reasons:
- Extenuating personal circumstances
- Educational opportunities that promotes employee’s growth and development at the university
- Extended vacation (following five years of continuous university service)
- Government service (elective office)
- Other reasons deemed appropriate by the university
During the leave period, employees’ positions are held for their return.
Eligibility
All regular full-time and regular part-time nonacademic employees are eligible.
Personal Leave of Absence Provisions
- Faculty and Staff Assistance Program (FSAP): Eligibility for the FSAP services will continue during leave.
- Leave Balances: With the concurrence of the supervisor and consistent with specific leave policies, employees may use vacation and/or health and personal leaves for all or part of the leave. Paid leaves, e.g., health and personal leave or vacation, do not accrue during leave without pay.
- Continuation of Benefits Coverage: Employees’ existing health insurance coverage will be maintained during the leave period provided they continue to pay both their share and the university’s share of premiums. Employees’ eligibility to continue specific benefit coverage is based on those benefits in effect at the time the leave commences. Contact your benefits office for an appointment to discuss your individual elections-- Benefit Services in the Division of Human Resources.
- Returning from Leave: Requests to return from leave earlier than the agreed upon time must be approved by the supervisor. Failure to return when the leave expires will result in termination.
- Request/Approval: The employee is required to submit a written request to the supervisor, including the length and reason for the leave. If approved, the supervisor should confirm the arrangement in writing before the start of the leave. A copy of the employee’s request for leave and the supervisor’s approval letter should be kept on file at the department level and an HR/Payroll system transaction should be completed.
- Acceptance of Employment: Acceptance of any employment inconsistent with this leave may result in discipline, up to and including termination.
University Leave of Absence
A university leave of absence may be granted for one year. Employees who voluntarily resign their positions may request this leave from their supervisors.
This leave is granted for the following reasons:
- Extenuating personal circumstances
- Educational opportunities that promotes employees’ growth and development at the university
- Extended vacation (following five years of continuous university service)
- Government service (elective office)
- Other reasons deemed appropriate by the university
During the leave period, the position is not held for the employee’s return.
Eligibility
All regular full- and part-time nonacademic employees with at least one year of continuous service prior to the starting date of the leave.
Procedure
Employees must submit a written request to their supervisor, stating the length and reason for the leave. The supervisor must provide the employee with written acceptance of the resignation and approval or denial of the leave. A copy of the employee’s request for leave and the supervisor’s approval letter should be kept on file at the department level and an HR/Payroll system transaction should be completed.
University Leave of Absence Provisions
- Leave Balances: Vacation balance is paid in a lump sum at the time of resignation. Health and personal leave balance at the time of resignation will be restored to an employee who returns to active regular employment within one year.
- Continuation of Benefits Coverage: Employees’ existing health insurance coverage will be maintained during the leave period provided they continue to pay both their share and the university’s share of the premiums. Employees’ eligibility to continue specific benefit coverage is based on those benefits in effect at the time the leave commences. Contact your benefits office for an appointment to discuss your individual election: Benefit Services in the Division of Human Resources.
- Acceptance of Employment: Employees may accept temporary employment within the university. Insurance benefits will continue throughout the period of the temporary appointment, provided these benefits had been maintained by the employee while on leave status. For contract college employees temporary employment will be at least one-half time for a three-month duration for reinstatement of health benefits. At the end of the temporary appointment, the leave status will be restored. The expiration date on the leave will remain unchanged (that is, one year from the date of the original approved leave). Acceptance of any other regular employment (university or non-university) inconsistent with this leave will result in immediate termination of the leave.
Disclaimer: This description does not constitute a legal document. The university reserves the right to alter these leave provisions.
Bereavement Leave
Purpose & Definition
A maximum of three days off with pay will be allowed when a death occurs in an employee’s immediate family. The immediate family consists of a spouse, domestic partner, child, stepchild, sibling, parent, surrogate parent*, stepparent, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law.
*Surrogate parent is anyone whom the employee viewed as their primary caregiver, for example, aunt, uncle, cousin, or non-blood-related caregiver.
For the funeral of other relatives, a fellow employee in the immediate work unit, or when serving as a pallbearer, a maximum of one-half day for a local funeral and one day for an out-of-town funeral may be granted with pay. In all other cases time may be taken, and charged to vacation or health and personal leave. All regular full- and part-time staff members, as well as benefits-eligible temporary employees, are eligible.
For time off related to the death of others not listed above, or, if additional time off is needed, the employee may request the use of health and personal leave, vacation, or leave without pay. Flexible work arrangements (e.g., flextime) may also be considered as outlined in University Policy 6.6.13, Flexibility in the Workplace.
In some circumstances, if an employee does not feel ready to return to work, a medical leave should be considered, and the employee is encouraged to consult with their physician to determine the applicability of a Medical Leave under the Time Off and Leaves Program.
Resources
Free and confidential support for staff during periods of personal life challenges is available through the Faculty and Staff Assistance Program (FSAP) at 607-255-2673 (255-COPE). The FSAP can also connect staff members to appropriate community resources that provide support during periods of bereavement.