7.32 Leave Policies

7.32.1 Faculty and Administrative and Professional Staff included in General Bargaining Unit, BOR-UFF Agreement, 1991- 1994, see Article 17.

7.32.2 Faculty and Administrative and Professional Staff not included in General Bargaining Unit, see FAC 6C-5.305.

7.32.3 University Policy

The university policy on leave follows the rules of the Board of Regents published in the Florida Administrative Code and the BOR/UFF Agreement.

Sick Leave

(a) Accrual of Sick Leave

Full-time employees shall earn four hours of sick leave for each biweekly pay period or 8.667 hours for each month (or the number of hours that is directly proportionate to the number of hours in pay status during less than a full period of employment without limitation as to the total number of hours that may be accrued.)

OPS employees shall not earn sick leave.

(b) Uses of Sick Leave

1. Sick leave shall be earned before being taken. Employees participating in sick leave pools shall not be prohibited from using sick leave available to them through the sick- leave pool. Unused sick leave earned prior to October 1, 1973, shall be used prior to any sick leave credits earned after that date.

2. An employee who is unable to perform duties because of a disability, is unable to be present to perform classroom teaching or other scheduled activities, or is unavailable to perform other professional responsibilities, shall use any and all accrued sick leave. A disability is defined as any physical or mental impairment of health, including such an impairment resulting from pregnancy, which disables an employee from the full and proper performance of duty.

3. A continuous period of sick leave commences with the first day of absence and includes all subsequent work days until the employee returns to work. For this purpose, Saturdays, Sundays, and official holidays observed by the state shall not be counted unless the employee is scheduled to perform services on such days. During any seven day period, the maximum number of days of sick leave charged against an employee shall be five.

4. An employee who suffers a disability necessitating the use of sick leave should notify the supervisor as soon as possible.

5. At the discretion of the President or the president's designee, medical certification (written verification of a disability from the attending physician) may be required if the employee's absence due to disability exceeds four consecutive days, or if a pattern of absences is documented. The employee may be required to submit to a medical examination to be paid by the university if the medical certification furnished by the employee is not acceptable. If the examination indicates that the employee is unable to perform assigned duties, the President or representative may place the employee on compulsory disability leave.

6. An employee who becomes disabled while on approved annual leave shall, upon notifying the supervisor, substitute the use of accrued sick leave to cover the period of disability.

7. An employee shall use such leave for personal appointments with a doctor, dentist, or other recognized medical practitioner unless granted a leave of absence without pay. Annual leave may be used after sick leave is exhausted.

8. An employee may use sick leave in reasonable amounts for absences resulting from illness or injury of the employee's immediate family, at the discretion of the supervisor. Immediate family means the spouse and the parents, grandparents, brothers, sisters, children and grandchildren of both the employee and the spouse and dependents living in the household.

9. An employee may use sick leave in reasonable amounts for absences resulting from the death of a member of the employee's immediate family, at the discretion of the supervisor. In determining how much, if any, sick leave to authorize for such purposes, the supervisor shall consider the distance the employee must travel, the relationship, the availability of other family members and other appropriate factors.

(c) Transfer of Sick Leave

1. Upon transfer of an employee from one State University System institution to another or upon reemployment within 100 days, the full balance of accrued sick leave shall accompany the employee unless the employee has received a lump sum payment for accrued sick leave. All unused sick leave shall be restored to the employee if the employee repays the full amount of any lump-sum leave payment received.

2. An employee may transfer into a leave-accruing position all unused sick leave accrued in the State classification and pay plan in which previously employed and for which payment has not been received; however, no more than 30 days may elapse between jobs.

3. When an employee moves to a position outside the General Faculty and Administrative and Professional Classification Plan, the transfer of unused sick leave shall be governed by the rules of the plan to which the employee is transferring. 4. The transfer of unused sick leave from a local government to an SUS position is not permitted, unless a reciprocal agreement in writing between the Board or its designee and the previous employing entity is in effect.

(d) Payment for Unused Sick Leave

1. An employee with less than ten years of State service who separates from State government shall not be paid for any unused sick leave.

2. An employee who has completed ten or more years of State service, has not been found guilty or has not admitted to being guilty of committing, aiding, or abetting any embezzlement, theft, or bribery in connection with State government, or has not been found guilty by a court of competent jurisdiction of having violated any State law against or prohibiting strikes by public employees, or has not been dismissed for cause pursuant to the provisions of Section 110.122, Florida Statutes, and separates from State government because of retirement for other than disability reasons, termination, or death, shall be compensated at the employee's current regular hourly rate of pay for one-eighth of all unused sick leave accrued prior to October 1, 1973, plus one-fourth of all unused sick leave accrued on or after October 1, 1973, provided that one-fourth of the unused sick leave since 1973 does not exceed 480 hours.

3. Upon layoff, an employee with ten or more years of State service shall be paid for unused sick leave as described in paragraph 2., above, unless the employee requests in writing that unused sick leave be retained pending reemployment. For employees who are reemployed by the university within 12 calendar months following layoff, all unused sick leave shall be restored to the employee, provided the employee requests such action in writing and repays the full amount of any lump sum leave payments received at the time of layoff. Employees who are not reemployed within 12 calendar months following layoff shall be paid for sick leave in accordance with Section 110.122, Florida Statutes.

4. All payments for unused sick leave authorized by Section 110.122, Florida Statutes, shall be made in lump sum and shall not be used in determining the average final compensation of an employee in any State administered retirement system. An employee shall not be carried on the payroll beyond the last official day of employment, except that an employee who is unable to perform duties because of a disability may be continued on the payroll until all sick leave is exhausted.

5. Upon reemployment within 100 days, all unused sick leave shall be restored to the employee, provided the employee requests such action in writing and repays the full amount of any lump-sum leave payment received.

(e) Sick Leave Pool

Contact the Coordinator of the sick leave program in the Personnel Relations Department at 644-4847 for the rule and procedures on the program.

(f) Disability Leave

1. Job-Related Disability

a. An employee who sustains a job-related disability that is compensable under the Workers' Compensation Law shall be carried in full pay status for a period of medically certified injury not to exceed seven days immediately following the injury, or for a maximum of 40 work hours if taken intermittently without being required to use accrued sick or annual leave.

b. If, as a result of the job-related injury, the employee is unable to resume work at the end of the period provided in paragraph a., above:

(1) The employee may elect to use accrued leave in an amount necessary to receive salary payment that will increase the Workers' Compensation payments to the total salary being received prior to the occurrence of the disability. In no case shall the employee's salary and Workers' Compensation benefits exceed the amount of the employee's regular salary payments; or

(2) The employee shall be placed on disability leave without pay and shall receive normal Workers' Compensation benefits if the employee has exhausted all accrued leave in accordance with paragraph (1), above, or the employee elects not to use accrued leave.

c. Job-related disability leave with or without pay shall be for a period not to exceed the duration of the disability or one year, whichever is less.

d. If, at the end of the leave period the employee is unable to return to work and perform assigned duties, the President or representative should advise the employee, as appropriate, of the Florida Retirement System's disability provisions and application process, and may, based upon a current medical certification by a licensed physician, and taking the university's needs into account:

(1) offer the employee part-time employment;

(2) place the employee in leave without pay status or extend such status;

(3) request the employee's resignation; or

(4) release the employee from employment, notwithstanding any other provisions of this policy.

2. Compulsory Disability Leave

a. Placing Employee on Compulsory Disability Leave.

(1) If the President or representative believes that an employee is unable to perform assigned duties due to illness, disability, or injury, the President or representative may require the employee to submit to a medical examination by a licensed physician chosen and paid by the university, or by a licensed physician chosen and paid by the employee, and who is acceptable to the President or representative and who shall submit a report to the university.

(2) If the university agrees to accept the employee's choice of a licensed physician, the university may not then require another university-paid examination.

(3) If the medical examination confirms that the employee is unable to perform assigned duties, the President or representative shall place the employee on compulsory disability leave.

(1) The notification to the employee regarding the compulsory disability leave shall be in writing and shall include the duration of the compulsory leave period and the conditions under which the employee may return to work. These conditions may include the requirement of the successful completion of, or participation in, a program of rehabilitation or treatment.

(2) An employee who is placed on compulsory disability leave shall be required to exhaust all accrued leave prior to being placed on leave without pay.

(3) If the employee fulfills the terms and conditions of the compulsory disability leave and receives a current medical certification that the employee is able to perform assigned duties, the President or representative shall return the employee to the employee's previous duties, if possible, or to equivalent duties.

c. Duration

Compulsory disability leave, with or without pay, shall be for a period not to exceed the duration of the disability, or one year, whichever is less.

d. Failure to Complete Conditions of Compulsory Disability Leave or Inability to Return to Work

If the employee fails to fulfill the terms and conditions of a compulsory disability leave and/or is unable to return to work and perform assigned duties at the end of a leave period, the President or representative should advise the employee, as appropriate, of the Florida Retirement System's disability provisions and application process, and may, based upon the University's needs:

(1) offer the employee part-time employment;

(2) place the employee in leave without pay status or extend such status;

(3) request the employee's resignation; or

(4) release the employee from employment, notwithstanding any other provisions of this policy.

Annual Leave

(a) Accrual of Annual Leave

1. Full-time employees appointed for more than nine months, except employees on academic year (39 weeks) appointments and Developmental Research School employees, shall accrue annual leave at the rate of 6.769 hours biweekly or 14.667 hours per month (or a number of hours that is directly proportionate to the number of days worked during less than a full pay period for full-time employees), and the hours accrued shall be credited at the conclusion of each pay period or, upon termination, at the effective date of termination. Up to 44 days (352 hours) of annual leave may be accumulated; after 352 hours of annual leave have been accrued, no further annual leave shall be accrued until the balance credited falls below 352 hours.

2. Part-time employees appointed for more than nine months, except employees on academic year (39 weeks) appointments and Developmental Research School employees, shall accrue annual leave at a rate directly proportionate to the percent of time employed.

3. Academic year (39 weeks) employees, Developmental Research School employees, employees appointed for less than nine months, and OPS employees shall not accrue annual leave.

(b) Use and Transfer of Annual Leave:Use and Transfer.

1. Annual leave shall be accrued before being taken except in those instances where the President or representative may authorize the advancing of annual leave. When leave has been advanced and employment is terminated prior to the employee earning sufficient annual leave to credit against the leave that was advanced, the State shall deduct from the employee's warrant the cost of any annual leave advanced under this provision. All requests for annual leave shall be submitted by the employee to the supervisor as far in advance as possible and appropriate. Approval of the dates on which an employee wishes to take annual leave shall be at the discretion of the supervisor and shall be subject to the consideration of departmental and organizational scheduling.

2. Upon transfer of an annual leave accruing employee from one institution to another within the State University System or upon reemployment within 100 days, except for reemployment after layoff, the employee may choose to:

a. transfer up to 44 days of unused annual leave; or

b. receive a lump sum payment for all or a portion of unused annual leave, up to 30 days, and transfer any remaining balance. Such leave payment shall not constitute a break-in- service.

3. An employee may transfer into an annual leave accruing position up to 44 days of unused leave accrued in the State classification and pay plan in which previously employed; provided the employee has not received payment for such leave and no more than 30 days have elapsed between jobs.

4. When an annual leave accruing employee moves to a position in State government, the transfer of leave shall be governed by the rules of the plan to which the employee is transferring. Should all unused leave not be transferable, up to 30 days (240 hours) of the remaining balance shall be paid in lump sum, effective the last day of SUS employment, without affecting other leave benefits.

5. The transfer of unused annual leave from a local government to an annual leave accruing position is not permitted unless a reciprocal agreement in writing between the Board or its representative and the previous employing entity is in effect.

(c) Payment for Unused Annual Leave

1. Upon termination from an annual leave accruing contract, or transfer from an annual leave accruing contract to an academic year or Developmental Research School contract, and unless the employee requests the option in 2 below, the university shall pay the employee for up to 30 days (240 hours) of unused annual leave at the calendar year rate the employee was accruing as of the employee's last day of work, provided that a determination has been made by the President or representative that the employee was unable to reduce the unused annual leave balance prior to termination or reassignment to an academic year or Developmental Research School contract. All unused annual leave in excess of 30 days shall be forfeited by the employee.

2. Upon transfer from an annual leave accruing contract to an academic year or Developmental Research School contract within the SUS, the employee may elect to retain all unused annual leave until such time, not to exceed two years, as the employee transfers back to an annual leave accruing contract or terminates employment with the SUS. Upon such termination or at the end of two years, whichever comes first, the unused leave balance shall be paid in lump sum for up to 30 days at the annual rate the employee was earning as of the employee's last day of work on an annual leave accruing contract.

3. Upon layoff, an employee shall be paid for up to 30 days (240 hours) of unused annual leave in lump sum, unless the employee requests in writing that annual leave credits be retained pending reemployment. For employees who are reemployed by the university within 12 calendar months following layoff, all unused annual leave shall be restored to the employee, provided the employee requests such action in writing and repays the full amount of any lump sum leave payment received at the time of layoff. Employees who are not reemployed within 12 calendar months following layoff and who elected to retain their annual leave pending reemployment shall be paid for up to 30 days (240 hours) of unused annual leave at the calendar rate the employee was earning as of the employee's last day of work.

4. Upon reemployment within 100 days, all unused annual leave shall be restored to the employee, provided the employee requests such action in writing and repays the full amount of any lump-sum leave payment received. 5. In the event of the death of an employee, payment for all unused annual leave at the time of death, up to 352 hours, shall be made to the employee's beneficiary, estate, or as provided by law.

Personal Leave Days,(Developmental Research School Employees)

10-month Florida State University School faculty may be granted 5 days (noncumulative) of leave per academic year for emergencies or for other personal reasons. One day shall be administrative leave and four days shall be taken from accrued sick leave. Except in the case of emergency, the employee shall provide at least two days notice of the intended leave. Such leave shall not be used on the day immediately preceding or following a holiday. Employees shall not be required to give reasons for personal leave, except that the leave is for personal reasons.

Jury Duty and Court Appearances

(a) An employee who is summoned as a member of a jury panel or subpoenaed as a witness in a matter not involving the employee's personal interests, shall be granted leave with pay and any jury or witness fees shall be retained by the employee; leave granted hereunder shall not affect an employee's annual or sick leave balance.

(b) An appearance as an expert witness for which an employee receives professional compensation falls under the policies and rules of the University, the Board of Regents FAC, and the BOR/UFF Agreement relative to outside employment/conflict of interest. Such an appearance may necessitate the employee requesting annual leave or, if a non-annual leave earning employee, may necessitate the employee seeking an adjustment of the work schedule.

(c) If an employee is required, as a direct result of the employee's employment, to appear as an official witness to testify in the course of any action as defined in Section 92.142 (2), Florida Statutes, such duty shall be considered a part of the employee's job assignment, and the employee shall be paid per diem and travel expenses and shall turn over to the university any fees received.

(d) An employee involved in personal litigation during work hours must request annual leave or, if a non-annual leave accruing employee, must seek an adjustment to the work schedule.

Military Leave

(a) Short-term Military Training. An employee who is a member of the United States Armed Forces Reserve, including the National Guard, upon presentation of a copy of the employee's official orders or appropriate military certification, shall be granted leave with pay during periods in which the employee is engaged in annual field training or other active or inactive duty for training exercises. Such leave with pay shall not exceed 17 work days in any one federal fiscal year (October 1 - September 30).

(b) National Guard State Service. An employee who is a member of the Florida National Guard shall be granted leave with pay on all days when ordered to active service by the State. Such leave with pay shall not exceed 17 work days at any one time.

(c) Other Military Leave.

1. An employee, except an employee who is employed in a temporary position or employed on a temporary basis, who is drafted, who volunteers for active military service, or who is ordered to active duty (not active duty training) shall be granted leave beginning with the date of induction and ending up to one year after the date of separation from the military service or from a period of hospitalization continuing after discharge for not more than one year. Active military service includes active duty with any branch of the United States Army, Air Force, Navy, Marine Corps, Coast Guard, National Guard of the State of Florida, or other service as provided in Sections 115.08 and 115.09, Florida Statutes.

2. Such leave of absence shall be verified by official orders or appropriate military certification. The first 30 days of such leave shall be with full pay and shall not affect an employee's annual or sick leave balance. The remainder of military leave shall be without pay unless the employee elects to use accumulated annual leave or appropriate leave as provided in (4) below. Leave payment for the first 30 days shall be made only upon receipt of evidence from appropriate military authority that 30 days of military service have been completed.

3. Applicable provisions of Federal and State law shall govern the granting of military leave and the employee's reemployment rights.

4. Intermittent use of leave is authorized to enable employees on military leave without pay to continue to receive the employer contribution to the State insurance program. The use of intermittent leave while on military leave is provided under the following conditions.

a. An employee may use any type of accrued leave in an amount necessary to cover the employee's contribution to the State insurance program and other deductions and reductions designated by the employee during a period of military leave when the employee would otherwise be on leave without pay.

b. The employer contribution to the State insurance program will continue for the corresponding payroll periods.

Leave Pending Investigation

When the President or representative has reason to believe that the employee's presence on the job will adversely affect the operation of the university, the President or representative may immediately place the employee on leave pending investigation of the event(s) leading to that belief. The leave pending investigation shall commence immediately upon the President or representative providing the employee with a written notice of the reasons therefor. The leave shall be with pay, with no reduction of accrued leave.

Uncompensated Leave

(a) Granting Leave. Upon the request of an employee, the President or representative shall grant a leave of absence without pay for period not to exceed one year, unless it is determined that the granting of the leave would be inconsistent with the best interests of the university. The employee shall make a written request not less than 120 days prior to the beginning of the proposed leave of one semester or more; for an extension of the leave, the employee shall make a written request not less than sixty days before the end of the leave. The University shall approve or deny the request in writing no later than thirty days after receiving the request. After an absence without approved leave or extension for twelve or more consecutive days, the employee shall be considered as having abandoned the position and resigned from the University. However, if the employee's absence is for reasons beyond the control of the employee and, if the employee notifies the university as soon as practicable, the employee will not be considered as having abandoned the position.

(b) Salary Adjustment. The salary of an employee returning from uncompensated leave shall be adjusted to reflect all nondiscretionary increases distributed during the period of leave.

(c) Retirement Credit. Retirement credit for such periods of leave without pay shall be governed by the rules and regulations of the Division of Retirement and the provisions of Florida Statutes, Chapter 121.

(d) Accrual of Leave/Holiday Pay. While on leave without pay, the employee shall retain accumulated sick leave and annual leave, but shall not accrue sick leave or annual leave nor be entitled to holiday pay.

(e) Tenure/Permanent Status Credit. Time spent on uncompensated leave shall not be creditable for the purpose of determining eligibility for tenure or permanent status, except by mutual agreement of the employee and the university. In deciding whether to credit leave without pay toward tenure eligibility or permanent status, the President or representative shall consider the relevance of the employee's activities while on such leave to the employee's professional development and to the employee's field of employment, the benefits, if any, which accrue to the university by virtue of placing the employee on such leave, and other appropriate factors.

(f) Parental Leave

1. An employee, upon written request, shall be granted a parental leave of absence without pay not to exceed 6 months when the employee becomes a biological parent or a child is placed in the employee's home pending adoption. The period of parental leave shall begin no more than two weeks before the expected date of the child's arrival. The President or representative shall acknowledge to the employee in writing the period of leave to be granted, including the date of return to employment.

2. At the end of the approved parental leave of absence without pay, and at the employee's request, the President or representative shall grant part-time leave without pay for a period not to exceed one year, unless the President or representative determines that granting such leave would be inconsistent with the best interests of the university.

3. Any illness caused or contributed to by pregnancy shall be treated as a temporary disability and the employee shall be allowed to use accrued sick leave credits when such temporary disability is certified by a physician.

4. Intermittent use of leave is authorized to enable employees on parental leave to continue to receive the employer contribution to the State insurance program. The intermittent use of leave while on parental leave is provided under the following conditions.

a. After the period of disability as indicated in 3., above, an employee on parental leave may use any type of accrued leave in an amount necessary to cover the employee's contribution to the State insurance program and other deductions and reductions designated by the employee during a period of parental leave when the employee would otherwise be on leave without pay.

b. The employer contribution to the State insurance program will continue for the corresponding payroll periods.

Pay and Leave Report Forms

Pay and Leave Report Forms are to be used to certify sick and annual leave taken. The forms are issued at the beginning of each new pay period, and submitted with the employee's signature at the end of the pay period even if no leave has been taken.

Sick Leave: It is not necessary for faculty members to request sick leave at the bottom of the Pay and Leave Report Form. The number of hours of sick leave taken are to be shown in the top section of the form. Each faculty member will indicate if any leave has been taken by certifying the number of hours taken in the top section of the form, signing the form at the bottom, and submitting the white copy of the form to the appropriate staff member in the department. The form is to be submitted with signature even if no leave has been taken. This certifies that no leave is to be charged against the employee.

Annual Leave: The Pay and Leave Report Form is to be used by faculty members who earn annual leave to request permission to take annual leave. Annual leave must be requested in advance and must be requested in the Leave Approval section at the bottom of the Pay and Leave Report Form. The request may be made on any pre-printed Pay and Leave Report Form. The Supervisor initials approval of annual leave and the date at the right side of the leave request line. At the end of the pay period the employee certifies the number of hours taken, if any, signs the form at the bottom, and submits the white copy of the form to the appropriate staff member in the department.

7.33 Holidays

The following State holidays are observed by the University: New Year's Day, Martin Luther King Jr.'s Birthday, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday after Thanksgiving Day and Christmas Day. Employees required to perform duties on holidays shall have their schedules adjusted to provide equivalent time off. A faculty member who wishes to observe a religious holy day shall notify the department chairman or academic dean as soon as possible in order that arrangements may be made for the meeting of classes and the performance of other scheduled activities.

Holidays that fall on Saturday will be observed on the preceding Friday. Holidays that fall on Sunday will be observed on the following Monday.

7.34 Faculty Absences

A faculty member who is absent because of illness or for other legitimate reasons should notify the department chairman or academic dean as soon as possible in order that arrangements may be made for the meeting of classes and the performance of other scheduled activities.