Professional Leave Regulations

Article XIII, Title I of the Policies of the Board of Trustees states that:

"Employees shall be required to certify their presence and record any absences on forms to be provided by the State. Employees shall also be required to record on such forms any charges to or accruals of vacation or sick leave credits. Such forms shall be submitted to the chief administrative officer, or designee, for review on a monthly basis."

An Attendance Report is distributed to every professional and academic employee on a monthly basis. Employees are required to certify their presence and record their usage of sick leave and vacation leave (if applicable) and their actual dates of absence for the previous month. Employees are required to obtain the written signature or electronic approval (for employees utilizing the online Time and Attendance System) of their supervisor on the reports. The signed/electronically approved report should then be returned to Payroll prior to the due date for the month being reported. Based on the usage reported each month, the employee's leave credit balance is updated.

Pursuant to Article XIII, Title G, Section 1(a) of the Policies of the Board of Trustees, upon being discontinued from service in accordance with provisions of the State University Group Disability Insurance Program, an employee shall be granted a leave without pay for disability and shall be continued on such leave without pay until the disability ceases, the employee reaches age 65, or death, whichever event occurs first. Disabled employees may elect to use all or any portion of their leave credits prior to being discontinued from service under Title G, subject to provisions of the New York State Employees' Retirement System (ERS) or Teachers' Retirement System (TRS), if applicable, concerning disability retirement. In the event the application for disability retirement is approved by ERS or TRS, the disabled employee shall be removed from the payroll and granted a leave without pay effective with the date disability retirement benefits are payable. For the purposes of of the State University Group Disability Insurance Program, the President may require an employee to be examined by a physician selected by the college at its expense. Determination that a disability exists may be made by the President upon the advice of the college's examining physician. Notwithstanding the failure of an employee to cooperate with the college's examining physician, a determination that a disability exists may be made by the President upon advice of the college's examining physician that there are reasonable grounds to assume that a disability benefit would be payable in accordance with of the State University Group Disability Insurance Program. If the President determines, in accordance with the provisions of Title G, that a disability exists, the employee must apply for disability benefits under of the State University Group Disability Insurance Program.

In the event the employee does not apply for disability benefits, the employee shall be placed on disability leave without pay. If, upon finding that an employee is not disabled, the disability insurance carrier disapproves an employee's application for benefits, the employee shall be restored to regular employment status. The provisions for discontinuation from service of employees not covered by the State University Group Disability Insurance Program are contained in Article XIII, Title G, Section 1(b) of the Policies of the Board of Trustees and are similar to those cited above. If the President determines that a disability exists which would prevent an employee from performing the employee's duties, the employee shall be placed on leave without pay. Where appropriate, the President, after consulting with the college's examining physician, may refer the employee to the Employee Assistance Program or to other service agencies. The employee, however, shall be permitted to use any and all accumulated sick leave credits and may request additional sick leave as described previously. An employee who has been placed on disability leave without pay under these provisions may subsequently request to be restored to regular employment status subject to the provisions cited in Article XIII, Title G, Section 1(b) of the Policies of the Board of Trustees. As applicable, Family and Medical Leave entitlement runs concurrent with Disability Leave.

The Agreement between the State and the United University Professions, Inc. provides for the granting of employee organization leave (with pay), for designated employees to attend UUP meetings, process grievances and participate in negotiations with the State. The requesting employee initiates the leave by contacting HRM.

On proof of necessity of jury service, an employee shall be granted leave with pay without charge to leave credits. The President has designated department heads to authorize leave with pay for jury service.

The Policies of the Board of Trustees and the Agreement between the State and the United University Professions, Inc. do not address maternity leave as a separate category. However, the State policy entitled "Leave for Pregnancy, Childbirth and Child Care" is applicable to members of the Professional Services Negotiating Unit and M/C employees. Under this policy, maternity leave is sick leave with pay, for that period of time that the employee is disabled due to pregnancy and childbirth, and other leave, for that period after the employee is no longer disabled but wishes to remain on leave of absence without pay for the purpose of child care. The approval process outlined for sick leave and other leave should be followed when requesting maternity leave. The period of sick leave will be determined based upon a statement from the employee's physician indicating the anticipated period of disability. In most instances, this period should not exceed four weeks before the anticipated delivery date and six weeks after delivery. Periods of sick leave beyond these general limits will require a detailed statement from the employee's physician. During the period of disability, the employee shall be permitted to use accumulated sick leave credits. If the employee does not have sufficient accumulated leave credits to cover the entire period of disability, the employee may request additional sick leave at full or partial salary, or without salary as described previously. Following the period of disability, approval of other leave without pay for the purpose of child care will generally not be approved for a period beyond seven months after the birth of the child. As applicable, Family and Medical Leave entitlement runs concurrent with maternity & childcare leave.

Pursuant to the New York State Military Law, an employee is eligible for leave(s) of absence with pay for "ordered military duty" for up to thirty (30) calendar days or twenty-two (22) working days (whichever is greater) in a calendar year. Requests for leave of absence with pay for "ordered military duty" should be submitted on a Change of Status Form. A copy of the employee's orders should accompany the request for leave. Employees are entitled to leave in addition to the above. Contact Human Resources for specific information. Military Leave will run concurrent with Family Military Leave entitlements as allowable under the federal FMLA.

Other leaves of absence as defined in Article XIII, Title F of the Policies of the Board of Trustees, may be granted to academic or professional employees "for the purpose of professional development, acceptance of assignments of limited duration with other universities and colleges, governmental agencies, foreign nations, private foundations, corporations and similar agencies, as a faculty member, expert, consultant or in a similar capacity, or for other appropriate purposes consistent with the needs and interests of the college. Leave of absence without salary may also be granted under appropriate circumstances for the purpose of child care.

Approvals: Leaves of absence at full or reduced salary are subject to the approval of the President and the Chancellor. Leaves of absence without pay require the approval of the President.

Applications: Requests for other leave should be submitted on the Change of Status Form. Prior to this form being submitted, the employee must submit a written request to his/her supervisor. Applications should be submitted through administrative channels and should include a statement of the purpose for which the leave is requested and its value to the applicant and the college. This statement will serve as justification for a leave of absence with pay.

Leave Credits: Employees on a "Title F" leave are not eligible to earn or use leave credits during the period of leave.

Sabbatical Policy (Faculty)

Sabbatical Request Form (Faculty)

Leave Credits: Employees on sabbatical leave are not eligible to earn or use leave credits during sabbatical leave.

Sick Leave:

Part-time employees in the negotiating unit shall be eligible to accrue vacation leave as follows:

Under the current academic calendar, academic year obligation employees do not earn sick leave credits during the months of June, July or August.

Maximum Accumulation: Accumulation of sick leave credits shall not exceed 200 days. In the event of retirement, the monetary value of accumulated and unused sick leave credits will be applied toward the premiums to continue the employee's health insurance benefits following retirement.

Authorization for Use: Employee requests for use of sick leave credits must be made in advance of using such credits to the extent possible. Academic year employees accrue sick leave credits during the academic year based upon a five-day week and consequently, absences due to sickness must be charged on this basis regardless of class schedule. Relative to the authorization for use of sick leave credits, the following campus procedures have been established to implement the provisions of the Policies of the Board of Trustees:

1. The President has designated Vice Presidents to authorize the use of sick leave credits when a professional staff member's absence due to illness does not exceed two weeks. Such absences are to be reported on the "Monthly Attendance Report" which is distributed to all professional staff members each month.
2. When a professional staff member's absence due to illness exceeds or is expected to exceed two weeks, contact Human Resource Management.
3. Before absence for personal illness may be charged against accumulated sick leave credits, the college may require satisfactory proof of illness or may require the employee to be examined by a physician selected by the college at its expense. In the event of failure to submit proof of illness upon request, or in the event that there is insufficient evidence of illness to justify the employee's absence, such absence may be considered as unauthorized leave and shall not be charged against accumulated sick leave credits.

Family Sick Leave: (Bereavement) The Policies also allow an employee to request use of up to a maximum of thirty days of sick leave each calendar year necessitated by death or illness in the employee's immediate family (bereavement form)

Additional Sick Leave: The President may grant an employee sick leave in addition to that which would be covered by the employee's leave credits. Such additional sick leave will typically not be at full pay. Additional sick leave at full or partial salary, together with use of any sick leave credits cannot be approved by the President beyond six months. Additional sick leave without salary may not exceed one year. Prior to being granted additional sick leave, an employee will be required to furnish medical evidence from his/her physician or submit to a medical examination by a physician selected by the college at its expense. The granting of additional sick leave is discretionary.

Family & Medical Leave Act (FMLA) When leave is qualified, Family and Medical Leave Act entitlement will run concurrent with paid or unpaid sick leaves.

Accrual of Vacation Credits:

Part-time calendar and college year employees in the negotiating unit shall be eligible to accrue credit for vacation leave as follows:

Maximum Accumulation: Accumulation of vacation credits is not limited within any calendar year provided, however, such accumulations shall not exceed 40 days as of the first day of any calendar year. In the event of death, retirement, resignation or other nondisciplinary separation from college service, or change of the period of professional obligation from calendar year or college year to academic year, an employee is compensated for such accumulated and unused vacation leave credits not to exceed a maximum of 30 days. Payment may not be made if the employee moves to a position in another State University unit covered by the Policies of the Board of Trustees or a position in another State agency which is covered by the Attendance Rules for employees in the State Classified Service.

Authorization for Use: Employee requests for use of vacation leave credits must be made in advance. The President has designated department heads to authorize the use of vacation leave credits. Such absences are to be reported on the "Monthly Attendance Report" which is distributed to all professional staff members each month. Use of vacation credits cannot exceed the number of days previously accumulated.

Vacation Leave: Academic Year Employees. Academic year employees are not eligible to accrue vacation leave and may not be granted such leave.

Pursuant to Article XIII, Title A of the Policies of the Board of Trustees, full-time Managerial/Confidential (M/C) employees and employees in the Professional Services Negotiating unit hired prior to July 1, 1982 with a calendar year or a college year obligation are eligible to accrue credits for vacation leave at the rate of one and three-quarter days (1.75) per month or major fraction thereof during the term of their professional obligation. On January 2nd of each year, one vacation day shall be added to the accrual balance of all employees eligible to accrue vacation leave. Commencing December 1, 1982, calendar year and college year employees who serve on a full-time basis in a position in the negotiating unit and are appointed on or after July 1, 1982, shall be eligible to accrue credits for vacation leave each month or major fraction thereof during the term of their professional obligation as follows:

• Sick leave is absence with pay necessitated by the illness or disability of the employee, including illness or disability caused by pregnancy or childbirth.

Accrual of Sick Leave Credits: Pursuant to Article XIII, Title C of the Policies of the Board of Trustees, full-time Managerial/Confidential (M/C) employees and employees in the Professional Services Negotiating unit hired prior to July 1, 1982 are eligible to accrue credits for sick leave at the rate of one and three-quarter days (1.75) per month or major fraction thereof during the term of their professional obligation. Commencing December 1, 1982, employees who serve on a full-time basis in a position in the negotiating unit and are appointed on or after July 1, 1982, shall be eligible to accrue sick leave each month or major fraction thereof during the term of their professional obligation as follows: