Effective January 16, 2009, the DOL issued final regulations regarding modifications to the Family Medical Leave Act of 1993. As a result of these new regulations, Section F 1 of the NKU Policy and Procedure Manual has been modified.
These new policy revisions supplement the June 5, 2003 Interoffice Memorandum issued by the NKU Human Resources Director regarding NKU Leave of Absence Policy/Procedures.
The final regulations implement two important new military family leave entitlements for eligible specified family members:
(1) Eligible employees with a spouse, son, daughter or parent on active duty or call to active duty status in the National Guard or reserves in support of a contingency operation, may use their 12-week entitlement to address certain military qualifying exigencies, and
(2) FMLA now also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave in a single 12-month period to care for a covered servicemember (current member of the Armed Forces, including a member of the National Guard or Reserves) recovering from a serious injury or illness incurred in the line of duty on active duty. Eligible employees are entitled to a combined total of up to 26 weeks of all types of FMLA leave during the single 12-month period.
See Section F 1.15 for more FMLA details.
F 1
Temporary Disability/Family and Medical Leave
F 2
Holidays
F 3
Vacation
F 4
Terminal Vacation
F 5
Personal Leave
F 6
Military - Extended Duty
F 7
Military - Training and Emergency Duty
F 8
Funeral Attendance
F 9
Court and Jury Duty
F 10
Federal, State, Local Elections
F 11
Severe Weather
F 12
Personal Days
TEMPORARY DISABILITY/FAMILY AND MEDICAL LEAVE
General
F 1.1
This policy describes employee eligibilities and obligations relative to temporary illnesses and incapacitation.
The University reserves the right to require medical statements to support the use of benefits under this policy. Failure to provide requested documentation may result in a "without pay" status for the period of time in question, suspension or dismissal.
F 1.2
For purposes of this policy, "temporary illnesses and incapacitation" are defined as illnesses of more than three consecutive working days, during which the employee is unable to perform his/her duties because of his/her own incapacitation or that of his/her dependents. Serious health conditions of the employee or the employee's family may entitle eligible employees to leave under the Family Medical Leave Act. (FMLA) See Section F 1.15
Allowance and Accumulation
F 1.3
The Temporary Disability Leave Policy is intended to encourage the accumulation of temporary disability leave to cover an extended illness or incapacitation as described in the Family and Medical Leave section. It is urged that staff members recognize the value of accumulating as much temporary disability leave as possible to cover potential emergency needs or to be applied upon retirement to the Kentucky Employees Retirement System if the employee is a member of said retirement system.
F 1.4
Regular full-time staff employees earn a temporary disability leave allowance of one day with pay for each calendar month of employment. Temporary disability leave may be accumulated without limitation. New regular employees accumulate temporary disability leave, but it is not available for use until the fourth month of employment. The temporary disability leave allowance will be earned for a month when employment commences on or before the last working day of that month. No allowance is earned in the final month of employment when the termination occurs on or before the last working day of that month. Employees transferring within the University retain their leave allowance accumulation in their new work assignment. Temporary disability leave continues to accumulate during any leave with pay, but not during any leave or extended leave without pay. Unused leave allowance will not be paid upon termination or resignation by the employee. Temporary disability leave with pay may not be taken in excess of the days accumulated.
F 1.5
When a staff member receives workers' compensation benefits for time lost from work, accumulated leave may be used to supplement the difference between workers' compensation and regular pay. Employees on workers' compensation leave continue to accrue temporary disability and vacation time as though they were in paid status (see policy H15).
FMLA leave may run concurrently with Workers Compensation leave if applicable.
F 1.6
Temporary disability is not considered as time worked for the purpose of determining overtime payments.
F 1.7
When a staff member is on scheduled vacation, he/she is not eligible for temporary disability leave except under circumstances such as hospitalization; the staff member may request the authority to use leave but not, however, to result in double pay. Such a request is subject to approval of the Major Department Head and Human Resources.
F 1.8
Illnesses extending beyond ten (10) consecutive working days will require a consultation between the supervisor and Human Resources and a PAR may be required from the department placing the employee on a Family and Medical Leave. Departments should notify if an employee is absent due to illness for more than three consecutive days; FMLA notice will be sent to the employee.
F 1.9
Absences must be reported to the supervisor or department head, by the employee or previously designated person, at the start of the work period; unreported absences may be without pay.
Use
F 1.10
Regular employees who suffer temporary sickness or incapacitation thus making them unable to perform assigned duties, will be granted leave for the necessary period not to extend beyond the period of time that can be covered by accumulated sick leave days unless the absence would be covered by FMLA. (See Family and Medical Leave Section F 1.15)
F 1.11
Medical documentation may be required as circumstances warrant. (See Section F 1.15)
Other
Immediate family
F 1.12
Absences necessitated by emergency or serious illness of an immediate member of the family may be applied against accumulated temporary disability leave up to a maximum of ten work days for a single illness; unless the absence is covered by FMLA. (See Section 1.15) Medical documentation may be required. Immediate family is defined, for this purpose, as parents, brother, sister, spouse, child or other persons for whom the employee is directly responsible.
Medical Appointments
F 1.13
Temporary disability leave may be utilized for the purpose of medical or dental appointments for the employee or a member of the immediate family as previously defined. Requests for any such use must be directed in advance to the appropriate designated supervisor for approval.
Personal Leave (see policy F5)
F 1.14
Employees needing additional time off without medical documentation, may request a Personal Leave of Absence. Personal Leaves are granted only in special cases at the discretion of the Major Department Head and approval of Human Resources. When such a leave cannot be granted, employment may be terminated. If a Personal Leave is granted upon the expiration of the initial and extended Family and Medical Leave, the combined time off cannot exceed 180 calendar days within any twelve month period. An employee may use his/her accumulated vacation time during the Personal Leave; accumulated sick time may not be used. An employee on Personal Leave assumes the full cost of his/her benefits for the duration of the leave.
FAMILY AND MEDICAL LEAVE
F. 1.15
Eligible employees are entitled to up to 12 workweeks of unpaid leave during a rolling 12-month period for one or more of the following reasons:
a. for incapacity due to pregnancy, prenatal medical care or child birth;
b. to care for the employee's child after birth, or placement for adoption or foster care;
c. to care for the spouse, or a son, daughter, parent of the employee, or other persons for whom the employee is directly responsible if such spouse, son, daughter, parent or other person has a serious health condition. To care for an immediate family member (spouse, child, or parent) who has a serious health condition; or
d. a serious health condition that makes the employee unable to a serious health condition that makes the employee unable to perform the employee's job.
e. for qualifying exigencies arising out of the fact that the employee's spouse, son, daughter, or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation.
Also, an eligible employee who is a spouse, son, daughter, parent, or next of kin of a current member of the Armed Forces, including a member of the National Guard or Reserves with a serious injury or illness up to a total of 26 workweeks of unpaid leave during a "single 12-month period" to care for the servicemember.
Workers Compensation- Worker's Compensation may be designated as FMLA, as applicable, and shall run concurrently with FMLA.
Northern Kentucky University provides extended medical leave*, beyond approved Family and Medical Leave, under certain exceptional conditions and upon approval by the appropriate Department Head and Human Resources.
*Definition- Extended medical leave is approved time away from the job due to an employee's serious health condition, which exceeds the twelve weeks provided under the provisions of Family and Medical Leave (FMLA).
Eligibility - To be eligible for the extended medical leave the employee must first be eligible for Family and Medical Leave.
Leave Available - The maximum allowable time period for extended medical leave (leave beyond the 12 week FMLA leave) is 90 days. Employees are required to utilize available vacation and sick for each workday missed while on FMLA and/or extended medical leave. No vacation or sick leaves are earned while on leave without pay.
Procedure:
Return to Work: employees must submit a written "release" to return to work from their medical provider as soon as the return date is known.
Unable to Return to Work: The following options/benefits will be provided to employees who are unable to return to work at the end of their extended medical leave:
F. 1.16
For purposes of this policy, the following definitions shall apply:
1. Son or daughter - Any person under 18 years old or any person 18 years old or older who is incapable of self-care because of a mental or physical disability if the person's relationship to the employee is:
2. Parent - The biological parent of an employee or an individual who stood in the place of a parent to the employee when the employee was a son or daughter.
3. Spouse - A husband or wife as the case may be.
4. Other persons for whom the employee is directly responsible.
F 1.17
The employee must request a Family and Medical Leave, from Human Resources department, 30 days prior to its commencement if the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer's normal call in procedures.
Employee Notice
Employees must provide sufficient information for an employer reasonably to determine whether the FMLA may apply to the leave request. Depending o the situation, such information may include that the employee is incapacitated due to pregnancy, has been hospitalized overnight, is unable to perform the functions of the job, and/or that the employee or employees qualifying family member is under the continuing care of a health care provider.
F. 1.18
The request for FMLA leave must be accompanied by sufficient information which includes the following information: the date on which the serious health condition commenced:
probable duration of the condition; and the appropriate medical facts within the knowledge of the health care provider regarding the condition, including the employee's ability to perform the functions of his/her position. For reasons of confidentiality, the employee may submit this documentation directly to Human Resources or the department. Human Resources will inform the department if such a statement has been submitted or the department will notify Human Resources Services if it receives the statement.
If the employee is needed to care for a son, daughter, parent, spouse, or other person for whom the employee is directly responsible, the same information must be provided along with a statement that the employee is needed for said care.
Certification
Employers may require that an employee's request for leave due to a serious health condition affecting the employee or a covered family member be supported by a certification from a health care provider. An employer may require second or third medical opinions (at the employer's expense) and periodic recertification of a serious health condition. An employer may use a health care provider, a human resource professional, a leave administrator, or a management official - but not the employee's direct supervisor - to authenticate or clarify a medical certification of a serious health condition. An employer may have a uniformly - applied policy requiring employees returning from leave for their own serious health condition to submit a certification that they are able to resume work. If reasonable safety concerns exist, and employer may, under certain circumstances, require such a certification for employees returning from intermittent FMLA leave.
F 1.19
An employee on Family and Medical Leave is guaranteed his/her former position or an equivalent position at a comparable rate of pay and benefits upon return unless the "key employee" exception applies.
Key Employee Exception
Under limited circumstances where restoration to employment will cause "substantial and grievous economic injury" to its operations, an employer may refuse to reinstate certain highly-paid, salaried "key" employees. In order to do so, the employer must notify the employee in writing of his/her status as a "key" employee (as defined by FMLA), the reasons for denying job restoration, and provide the employee a reasonable opportunity to return to work after so notifying the employee.
F 1.20
Employees with accumulated leave time, will continue in the University's benefit programs during the leave period; payroll deductions will continue during that time. Employees with accumulated leave time will also be eligible to take the full extent of their time with proper medical documentation; these employees will not be held to the six month return to work requirements between leave requests.
F 1.21
In order to remain within pay status while the employee is on leave for his/her own serious health condition or to care for a son, daughter, parent, spouse, or other person for whom the employee is directly responsible, he/she may use accumulated disability leave first, then compensatory time, if applicable, then vacation/annual leave, prior to going into non-pay status. NKU will require the use of paid time off accruals (sick and vacation) accruals during the period of FMLA leave.
F 1.22
Employees without sufficient accumulated leave time, are eligible for a Family and Medical Leave up to a total of 90 calendar days, with proper medical documentation. An employee, out of paid status, who is unable to return to work upon the expiration of the initial leave may apply for an extended leave for up to an additional 90 calendar days; medical documentation will be required to extend the leave beyond the initial request.
F 1.23
Employees on Family and Medical Leave will remain in the University's benefit plans during the leave period, not to exceed 12 weeks. If an extended temporary medical leave is approved, the University will continue the individual in the benefit plans for up to an additional 90 calendar days. The employee must contribute his/her share of premiums, however, checks must be submitted to Human Resources unless alternate arrangements are made to retro calculate the missed premiums when the employee returns to work and catch those missed premiums in future paychecks. Failure to maintain payments may cause the employee to be removed from the University's plans after a 30 day grace period. Coverage through COBRA will be offered to the employee and any covered dependents if coverage is cancelled. If the employee is on leave for less than six months and returns to work, he/she will be reinstated to the appropriate plans.
F 1.24
An employee who has taken both a family leave and an extended family leave must return to work for a minimum of six months before becoming eligible for another disability leave with University-paid benefits.
F 1.25
In the event an employee does not need continuous time off to attend to a serious health condition for him/herself or the persons listed in this policy, he/she may request an intermittent or reduced time leave of the department head. The employee may be required to transfer to another position with equivalent pay/benefits, but that better accommodates the reduced leave schedule required by the employee.
F 1.26
AMERICANS WITH DISABILITIES ACT (ADA) And The ADA Amendments Act of 2008 (ADAAA) effective 1-1-2009
The Americans with Disabilities Act of 1990 (ADA) gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications. Employment discrimination is prohibited against "qualified individuals with disabilities." This includes applicants for employment and employees. An individual is considered to have a "disability" if she/he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Persons discriminated against because they have a relationship with an individual with a disability also are protected.
NKU maintains a commitment to a diverse workplace and learning community, and a distinguished faculty and staff, especially qualified individuals with disabilities. The University is dedicated to providing reasonable accommodation to employees and applicants. this is done in accordance with the Americans With Disabilities Act of 1990 (ADA). The ADA Amendments Act (ADAAA) of 2008 effective 1-1-09, broadens the definition of "disability".
Faculty and Staff:
If you are a qualified NKU faculty or staff member with a disability you may request reasonable accommodation from your supervisor, chair, or dean, or by contacting Human Resources.
To be protected under the ADA, a person has to be an individual with a disability who can perform essential job functions, with or without reasonable accommodation. A disability is defined as a physical or mental impairment that substantially limits a major life activity.
Individuals requesting accommodation may be required to provide medical documentation regarding the disability and requested accommodation. Medical information provided will be maintained in the Human Resources office, separate from personnel files, and is strictly confidential. Only information related to the provision of reasonable accommodation or information necessary to address safety issues in the work setting will be released to supervisors.
HOLIDAYS
The University recognizes the following legal holidays to be observed by the closing of all departments and offices except where continuous service is essential:
A. New Year's Day
B. Martin Luther King Day
C. President's Day*
D. Memorial Day
E. Independence Day
F. Labor Day
G. Thanksgiving Day
H. Christmas Day
I. Election Day in National election years
* If classes are scheduled on President's Day this will be replaced by one floating holiday.
F 2.2
Special Holidays
Four special Christmas holidays and one special Thanksgiving holiday are observed by the University. The specific dates of the Christmas holidays to be taken will be announced each year. Flexibility in scheduling will be granted to those departments with special scheduling and staffing problems. The five additional days may be scheduled up to the following February 1.
Special holidays in addition to the ones listed above may be granted by action of the Board of Regents or the President as may be deemed appropriate.
F 2.3
Alternative Holiday
As a result of the academic calendar, if the University is open and classes are held on President's Day, staff will be granted an alternative holiday. If the University observes President's Day and there are no classes scheduled, staff will be granted President's Day as a holiday. The selection of the alternative holiday date requires the approval of the department head.
F 2.4
When a holiday falls on an employee's scheduled day off,
paid time off will be granted in lieu of the holiday within one month.
F 2.5
Should a recognized University holiday occur during an
authorized vacation period, the holiday will not be charged as a day of vacation time,
except that no holiday will be recognized during terminal vacation.
F 2.6
Staff members who are absent without pay immediately before
or after a holiday will not be paid for the holiday. Staff members on authorized leave without pay will not
receive pay for holidays falling within the leave period.
PAYMENT FOR HOLIDAYS -- NON-EXEMPT PERSONNEL
F 2.7
If a holiday falls on a staff member's regular workday and the staff member is required or permitted to work, payment for the holiday shall be as follows:
A. The employee shall be paid at the straight-time rate for the hours worked, and in addition,
B. the employee shall either be credited with equivalent compensatory time off, on an hour for hour basis, or be paid an additional amount, at the straight-time rate, for the hours worked. The decision to allow compensatory time off or make additional payment is reserved to the Department Head, giving consideration to staffing needs and budgetary constraints.
F 2.8
All hours worked on the holiday will be included in calculating total hours "actually worked" during the workweek.
The following leaves which the staff member has earned and is entitled to will be included in calculating hours "actually worked" during the workweek:
A. Vacation Leave
B. Funeral Leave
C. Court or Jury Duty Leave
D. Time off due to illness or injury covered by Worker's Compensation
E. Time off for voting in National, State, and local elections, but only in accordance with Section F10
F 2.9
Payment for employees not required or permitted to work on the holiday shall be at the straight-time rate for the normally scheduled hours. Unworked holidays are not included in calculating total hours "actually worked" during the workweek.
F 2.10
For purposes of this section, no distinction is made between legal and special holidays.
VACATION/ANNUAL LEAVE
F 3.1
It is the policy of the University to grant vacation/annual leave with pay to all staff members employed on a regular basis, as defined at B 4, and who have successfully completed the initial probationary period. Vacation/Annual leave provides the opportunity for rest, recreation, and relaxation necessary to the maintenance of effective work performance, and all eligible employees are expected to take their vacation/annual leaves regularly.
F 3.2
Vacation/Annual leave begins accruing on a pay period basis from the initial date of employment, and shall be credited at a rate of one-twelfth of the annual leave allowance on or before the first day of the calendar month following the completion of each calendar month of employment. No vacation/annual leave may be taken prior to successful completion of the initial probationary period.
F 3.3
| Vacation/annual leave provides the opportunity for rest, recreation and relaxation necessary to the maintenance of effective work performance. Employees may begin to use vacation leave after successful completion of their initial probationary period; however, vacation/annual leave begins accruing on a pay-period basis from the initial date of employment. |
| Annual vacation/annual leave allowances (and maximum accruals) are as follows: |
| Administrative positions - 25 days annual allowance (21 days max*.). |
| Exempt professional and managerial classified positions – 20 days/annual allowance (16 max.*) for the first nine years of service; increases to 25 days/annual allowance (21 max.*) in the 10th year of service. |
| Non-exempt office, clerical, technical & scientific and service & maintenance – 17 days/annual allowance (13 max.*) for the first four years of service; increases to 20 days/annual allowance (16 max.*) for years five through nine and 25 days/annual allowance (21 max.*) in the 10th year of service. |
| * This includes one floating holiday when we are open on President's Day. |
F 3.4
If a staff member transfers from one department to another, the amount of vacation/annual leave accumulated as of the date of the transfer will remain with the employee and will be carried over into the new department.
F 3.5
If a staff member is promoted, demoted, reclassified, or otherwise moved from a position in one employment category, to a position in a different employment category for purposes of calculating years of service the initial date of employment with the University will be used. The staff member's accrued unused vacation/annual leave will be transferred and will not be recalculated on the new vacation/annual leave allowance. From the date of transfer forward that rate will be on the new vacation/annual leave allowance schedule.
F 3.6
Except as provided at C 7, if a staff member is voluntarily or involuntarily terminated and later re-employed, the last date of re-employment will be used for purposes of calculating years of service.
F 3.7
Vacation/Annual leave will continue to accumulate each pay period until the accrual maximum has been reached..
25 days annual allowance - 20 days maximum accrual
20 days annual allowance - 15 days maximum accrual
17 days annual allowance - 12 days maximum accrual
Part-time annual accrual - based on full-time equivalent
Once the maximum accrual has been reached, no additional accruals will be made until leave is utilized and the leave balance is brought below the maximum allowed. After four years of employment at NKU, an employee has the option to transfer unused vacation leave to sick leave. A maximum of five vacation days may be converted to sick leave on an annual basis.
F 3.8
If a staff member employed on a full-time temporary status basis is changed to regular status, the period of temporary employment may be considered for purposes of calculating months or years of service. For this consideration to be granted the temporary employment must have substantially involved work related to that which is performed in the regular position. Requests for approval of temporary employment meeting these requirements must be submitted by the appropriate department head with approval of the Major Department Head to the Director of Human Resources who shall review the request. The decision reached by Human Resources is final.
F 3.9
Payment in lieu of unused vacation/annual leave is not authorized, except as provided at F 4.
*After four years of employment at NKU an employee has the option to transfer unused vacation leave to sick leave. A maximum of five vacation days may be converted to sick leave on an annual basis. Eligible regular part-time employees would receive this benefit on a full-time equivalency basis. *(New- 4/2004)
F 3.10
Should a recognized University holiday occur during an authorized vacation/annual leave period, the holiday will not be charged as a day of vacation/annual leave time, except that no holiday will be recognized during terminal vacation/annual leave.
F 3.11
All authorized leaves of absence will be considered as time worked for purposes of computing years of service. Vacation/Annual leave will continue to accrue during leaves with pay, but will not accrue during leaves without pay.
F 3.12
Regular status full-time and part-time employees who are scheduled to work less than twelve (12) months or 37.5 hours per week, but at least 1040 hours a year; (i.e. summers scheduled off or part-time) accrue vacation/annual leave based on the FTE of the position.
F 3.13
Vacation/Annual leaves are to be scheduled at time that are most convenient to the staff member's department, although the staff member's preferences will also be given due consideration. Vacation/Annual leave schedules in each department will be arranged to provide adequate staffing to meet the work loads of the department. A department head may, in the best interest of the University, specify periods during which staff members may not take Vacation/Annual leaves. All vacation/annual leave requests must be approved in advance by the staff member's department head who is responsible for insuring that the employee is eligible for the amount of vacation/annual leave requested. The staff member will not be paid for vacation/annual leaves that have not been approved by the department head, or which exceed the amount of vacation/annual leave accrued according to the official records maintained by Human Resources, or which are in violation of any University policies or procedures including those provided in this section.
F 3.14
The Director of Human Resources is responsible for any interpretations of these vacation policies and will maintain the official records necessary to provide an accurate and equitable vacation/annual leave system.
TERMINAL VACATION/ANNUAL LEAVE
F 4.1
Employees who anticipate termination due to resignation, retirement, reduction in force, reorganization, etc., or who anticipate moving to a position not providing vacation/annual leave (i.e. staff to academic year faculty, should use all accumulated vacation/annual leave prior to the effective date of such action.
F 4.2
Employees who are involuntarily terminated for reasons of misconduct, or who fail to provide two (2) weeks notice prior to voluntary termination, are not eligible for terminal vacation/annual leave pay.
F 4.3
If approval is granted to pay terminal vacation/annual leave, payment will be equal to the amount of vacation/annual leave an employee has accumulated as of the last day of employment. In no case will payment for terminal vacation/annual leave exceed the accrual rate which can be accrued in twelve(12) months. The maximum terminal vacation/annual leave that can be paid is as follows:
Administrators - 20 days maximum paid
Professional/Managerial
Exempt - 15 days maximum paid
over 9 years employment - 20 days maximum paid
Office/Clerical/Technical
Service/Maintenance
Non-Exempt - 12 days maximum paid
over 4 years employment - 15 days maximum paid
over 9 years employment - 20 days maximum paid
Part-time - based on FTE for the position
F 4.4
In accordance with F 3, terminal vacation/annual leave pay, when granted, will not include payment for holidays occurring during the terminal vacation period.
F 4.5
In the event of employee death, the final salary payment will include payment for accrued vacation/annual leave up to the maximum allowed for the terminal vacation/annual leave.
In the event an employee retires, an option will be provided to transfer the terminal vacation/annual leave to the employee’s temporary medical disability leave allowance. The maximum amount transferred will be limited by the maximum paid amount, refer to Section F4.3.
F 4.6
Staff members who have not successfully completed the initial probationary period prior to the last day of employment will not be eligible for terminal vacation/annual leave pay.
F 4.7
Terminal vacation/annual leave shall be paid at the employee's rate of pay as of the last day of employment which is the last day worked and will be paid on the next regular pay cycle of the employee.
F 4.8
For purposes of this Section, the last day of employment will be the termination date as indicated of the staff member's terminating Personnel Action Request (PAR) which is the last day worked. For employees moving to positions which do not provide vacation/annual leave, the date of termination from the current staff position will be considered as the last day of employment.
F 4.9
Terminating employees may not extend their last working day to encompass a holiday, unless approved by the Major Department Head because of extenuating circumstances.
F 4.10
Grant and Contract employees are not eligible for terminal vacation/annual leave as grants/contracts provide no funds for such payments.
PERSONAL LEAVE
F 5.1
In special circumstances a Personal Leave of Absence without pay may be granted to an employee. The leave must be recommended by the Department Head and approved by the Human Resources Department.
F 5.2
Requests will be handled on a case-by-case basis considering the purpose and length of the leave, the expected length of service of the employee upon the return to employment as well as the current length of service, the operating needs of the department, and the problems incurred in hiring a temporary replacement.
F 5.3
A Personal Leave of Absence will be granted only if the Department Head can guarantee the same position or a similar position at the same pay rate to the employee upon return.
F 5.4
Personal Leaves may be granted up to 3 months (90 calendar days). Three month extensions may be granted to a maximum of 1 calendar year. (Extenuating circumstances may require more than one year.) An employee must apply for any extensions of the leave and the Department Head has the option at any time of disapproving an extension.
F 5.5
An employee on a Personal Leave of Absence must pay the total cost of the group life and health insurance plan normally provided by Northern if coverage is to be continued. Sick leave and vacation time will not accumulate during a Personal Leave, and the employee will not be paid for any holidays during the leave.
F 5.6
A Personal Leave of Absence may be granted for such reasons as, but not limited to:
health problems of an extended nature
extended vacation period
educational purposes
child rearing
to serve in elected civic office
to serve with Vista, Peace Corps, or other social welfare programs
MILITARY LEAVE - EXTENDED DUTY
F 6.1
A Leave of Absence for extended military service of longer than one month will be granted to regular full-time employees. This leave beyond the 30 day period will be without pay.
F 6.2
If a staff member re-enlists after the expiration of his first enlistment or voluntarily remains in service beyond the expiration of required service, he will not be eligible for further military leave from the University.
F 6.3
Upon returning from military leave, a staff member will be restored to his former position or, at the discretion of the University, to one of similar requirements and compensation providing:
(1) He did not receive a "bad conduct" or "dishonorable" discharge.
(2) He requests re-employment within 90 days after being discharged from duty. If a veteran is hospitalized upon discharge, the 90-day period does not begin until the date of release from the hospital. If the veteran remains hospitalized for more than one year, the 90-day period begins at the end of the first year of hospitalization.
(3) He is qualified to perform the duties of the position.
F 6.4
If, as a result of service in the armed forces, the staff member is not physically or mentally qualified to perform the duties of the former or equivalent position, the University will offer him employment in a position he is qualified to perform, at the rate of normal compensation provided for that position.
F 6.5
The period of Military Leave of Absence will be added to any length of service credit that the staff member may have previously accumulated.
F 6.6
Vacation credit and sick leave credit will accumulate during a Military Leave of Absence. Upon return to active employment, accruals will be restored up to the maximum allowed, as if the staff member had continuous service.
F 6.7
Replacement appointments to the position vacated by a staff member on a Military Leave will be made with the understanding that the new employee is being employed pending the return of the original job-holder. As such, the replacement employee is subject to separation or transfer upon the return of the original employee. However, the new employee, during his period of replacement employment, will be considered a regular employee and will be accorded the privilege of such an employment status.
MILITARY LEAVE - ANNUAL TRAINING AND EMERGENCY DUTY
Annual Training
F 7.1
Regular full-time employees in the National Guard or in the reserve components of the naval, air, or ground forces of the United States, will be granted leave for training service requirements.
F 7.2
Such leave for training duty will be limited to a maximum of 10 working days a year.
F 7.3
The University will pay the employee the difference between his normal salary and the military training salary. This will be computed on the basis of the total salary received for military training.
F 7.4
The staff member must give advance notice as soon as possible of the military training in order to enable the work of the department to be continued without disruption.
F 7.5
The supervisor may request a copy of the military orders or other appropriate statement in writing from the authority requesting such duty.
Emergency Duty
F 7.6
Staff members in the National Guard or in the reserves who are required to perform emergency duty will be granted leave for the duration of such duty.
F 7.7
If such leave is for one month or less, the University will pay the employee the difference between his military pay and his University pay. If the leave is for longer than one month, the leave beyond the 30 day period will be without pay. (see F6 for duty longer than one month.)
F 7.8
The supervisor may request a copy of the military orders or other appropriate statement in writing from the authority requesting such duty.
FUNERAL ATTENDANCE ABSENCE
F 8.1
The University recognizes that the occurrence of death in the immediate family may require an absence from work of a staff member for a period of time.
F 8.2
A regular, full-time staff member may be allowed necessary absence with pay for attendance to funeral matters up to three days for cases involving parents, brother, sister, spouse, child, mother-in-law, father-in-law, grandchildren, or other persons for whom he is directly responsible.
In cases requiring extensive travel time, additional time off may be granted, except that the total allowance with pay for funeral matters will not exceed five working days.
F 8.3
In the case of a grandparent, sister-in-law, or brother-in-law absence with pay may be granted up to one day for funeral attendance.
In cases requiring extensive travel time, additional time off may be granted, except that the total allowance with pay for funeral matters will not exceed three working days.
F 8.4
Time off, without loss of pay, may be granted at the discretion of the department head, to attend the funeral service of other relatives, associates, or close friends. Such time off should not exceed one-half day.
F 8.5
In cases requiring time in excess of the above allowances, or other absences requested for funerals of other relatives or friends will be granted without pay or may be charged to earned vacation.
COURT AND JURY DUTY
F 9.1
Jury Duty is recognized as a civic responsibility. Staff members are encouraged to fulfill their obligations with regard to this service as a citizen of the community.
F 9.2
A regular, full-time staff member will be granted time off to serve on a jury, or to serve as a court witness when subpoenaed, without loss of pay, and without charge against annual vacation.
F 9.3
The staff member will be permitted to retain his jury duty compensation so as to help defray his expenses while serving on a jury or as a court witness when subpoenaed.
F 9.4
A copy of the subpoena may be required by the Department Head before approving time off for this purpose.
F 9.5
If the jury duty does not require the full work day, the staff member must return to work when free from such service.
F 9.6
Special provisions will be made for employees working evening or night shift who are required to serve on a jury.
NATIONAL, STATE, AND LOCAL ELECTIONS
F 10.1
University employees are encouraged to exercise their voting rights in all national, state, and local elections.
F 10.2
The University will be closed on the Tuesday following the first Monday in November in presidential election years.
F 10.3
Work schedules will normally permit adequate time off for staff members to exercise their voting privileges, either before or after normal working hours, and it is suggested that they utilize this period of time to vote whenever possible.
F 10.4
However, in cases where voting cannot be accomplished in off-duty hours, Kentucky Revised Statues 118.340 is quoted below for your reference guidance:
A. "Any person entitled to vote at any election in this state shall, if he has made application for leave prior to the day of election, be entitled to absent himself (herself) from any services or employment in which he (she) is then engaged or employed for a period of four (4) hours on the day of election, between the time of opening and closing the polls.
B. "Such person shall not because of so absenting himself (herself) be liable for any penalty.
C. "The employer may specify the hours during which the employee may absent himself (herself).
D. "No person shall refuse any employee the privilege hereby conferred, or discharge or threaten to discharge an employee, or subject an employee to a penalty because of the exercise of the privilege."
F 10.5
The right to time off with pay to vote should not be abused by any employee. Only the necessary time off required to vote should be requested in advance. If the employee does not make application for the leave in advance of election day, so as to enable the department to schedule the work load, the resulting time off taken may be recorded as an unauthorized absence and submitted as time off without pay.
F 10.6
Staff members who are eligible voters in distant communities are encouraged to exercise their right to vote by absentee ballot, if at all possible, so as to avoid absences from work.
SEVERE WEATHER/EMERGENCY CLOSING Revised&Approved January 26, 2000
The intent of this policy is to compensate employees for scheduled hours that would otherwise be unpaid due to the closing of University operations. It is not the intent of the policy to pay additional compensation above and beyond the employees' normal scheduled hours for the day of the full or partial closing. An exception is made for employees who are required to work during a closing and considered "essential personnel" for pay purposes (refer to F11.4 and F11.5.B)
F 11.1
It is the policy of the University to continue all normal operations during periods of inclement weather or unusual circumstances, except when the most severely adverse conditions exist.
F 11.2
In the event of severe weather or unusual circumstances, a decision on options will be made by the President with advice from the Vice President of Administration and Finance. A separate decision for the Chase Law School will involve the Dean of the Law School. Options include the complete cancellation of classes and the closing of all business and administrative offices; the cancellation of classes only; the delaying of the start of both classes and other operations, or the early closure of both operations and classes. Closings will be determined individually for each Campus.
F 11.3
When adverse weather conditions could generally be expected to cause some employees to be late for work, reasonable judgment is to be exercised on the part of both employees and supervisors relative to on-time requirements. Authority for granting allowances for unique travel problems rests with the supervisors and department heads.
F 11.4
Because various critical operations such as Facilities Management or Public Safety require staffing at all times, certain "essential personnel" will need to work although the rest of the University may be closed. The number of "essential personnel" necessary may depend on whether the emergency situation occurs during a student vacation period or during a semester or summer session when classes are in progress. It is the responsibility of the department head to determine who the "essential personnel" are, to inform them of their obligations, and to insure they are able to be at work when needed. Essential personnel should be noted as such on the time sheet for the emergency period.
F 11.5 - EMERGENCY CLOSING
Compensation to employees when the University is closed for a full or partial work day encompasses the period of scheduled time worked from the beginning of the employee’s shift on the day of the closing to the beginning of the employee’s shift when University operations open again.
F 11.5
A. Non exempt employees who are other than those deemed as ‘essential personnel’ and are not required to work, or who arrive at work and are subsequently dismissed, shall receive their regular pay for (the full number of hours normally worked) their scheduled work hours only if these scheduled work hours fall during the time frame that included the closing. If the employee was not scheduled to work during the hours of the emergency closing, no additional pay or compensatory time off will be granted. All time cards and absence records are to be marked as "Emergency Closing", with the appropriate dates and hours indicated.
B. Non-exempt "essential personnel" who are required to work during a period of emergency shall be paid at the regular straight-time rate for the hours worked during the hours the University is closed. In addition, they shall either be credited with equivalent compensatory time off, on an hour for hour basis, or be paid an additional amount, at the straight-time rate, for the hours worked, if those hours were worked during the time the University was closed. The decision to allow compensatory time off or make additional payment is reserved to the department head, giving consideration to staffing needs and budgetary constraints.
C. Temporary Staff employees will not receive compensation for University emergency closings. However, if temporary employees work during an emergency closing, they shall be paid normal wage rate for each hour worked during the affected closing times.
D. Those employees on vacation, temporary disability/sick or special leave will not be entitled to the provisions of this policy.
E. No additional compensation shall be granted to exempt employees who are required or permitted to work during an emergency closing (full or partial day)
F 11.6 All hours worked by non-exempt employees when the University is closed for reasons of emergency will be included in calculating total hours worked and count towards overtime (time and one half) pay calculations during the workweek (See D 2.8). Hours not worked but paid as emergency closing hours are excluded from this calculation.
PERSONAL DAYS
F 12.1
The University recognizes that employees have emergencies that preclude scheduling vacation in advance within departments.
F 12.2
An employee is allowed to use 16 hours of his/her existing vacation to accommodate emergencies including but not limited to, weather, automobile problems, personal, etc. in each calendar year. Employees must call in on the same day to request this time or leave early to use this time with the approval of the supervisor.
F 12.3
This time must be taken in one hour (60 minute) increments for biweekly staff; four hour increments or more for exempt staff. Departments are responsible for the record keeping.
F 12.4
Normal call-in procedures within a Department must be maintained. This also does not override a supervisor's denial of time off or mandated overtime assigned by the department. Abuses to this policy will be addressed through the disciplinary process.
F 12.5
Other vacation issues are addressed in Policy F 3 Vacation/Annual Leave.