SEIU 925 Contract (Effective 7/1/13 - 6/30/15)
Article 12 - Leaves of Absence
Neither party will be bound by typographical errors, grammatical errors, or other instances of unintended error in this contract. Furthermore, the parties agree that any unintended changes to the contract language as a result of contract consolidation will not create new legal rights or responsibilities outside of the parties' specific intent. The parties reserve the right to correct any such mistakes or omissions by mutual agreement at any point during the life of the contract in order to preserve the original intent of the language.
12.1 Leaves of absence may be granted for the following reasons:
- Family Medical Leave
- Work-related injury or illness leave
- Military training leave
- Military service leave
- Civil duty leave
- Educational leave
- Leave for government service in the public interest
- To accommodate annual work schedules of employees occupying cyclic year positions
12.2 A leave of absence without pay may be allowed for conditions applicable for leave with pay, e.g. vacation, personal or family illness, or parental leave which may include infant or child care.
12.3 Returning Employee Rights.
Employees returning from an authorized leave of absence shall be employed in the same position or in another position in the same class in the same geographical area and organizational unit, providing that such re-employment is not in conflict with other Articles in this Agreement.
12.4 Family Medical Leave.
Federal Family Medical Leave Act. Consistent with the federal Family Medical Leave Act of 1993, an employee who has worked for the state for at least twelve (12) months and for at least one thousand two hundred and fifty (1250) hours during the twelve (12) months prior to the requested leave is entitled to up to twelve (12) work weeks of leave per year for any combination of the following:
- parental leave to care for a newborn or newly placed child as defined in 10.4; or
- personal medical leave due to the employee's own serious medical condition that requires the employee's absence from work; or
- family medical leave to care for a family member, as defined in 10.4, who suffers from a serious medical condition that requires on-site care or supervision by the employee.
- The twelve (12) week FMLA leave entitlement is available to the employee on a rolling twelve (12) month basis, provided that eligibility requirements listed in (a) are met. During the first year of implementation the employee will have the option to choose whichever calculation yields the greatest FMLA leave benefit (e. g. calendar year vs. rolling year). Employees must use accrued leave for FMLA prior to going on leave without pay. Sick leave may be used as described in Article 10.1(b). Employees will be allowed to maintain a balance up to eighty (80) hours of accrued leave. An employee on leave without pay under this section (serious health condition) may qualify for receipt of shared leave. The employer shall maintain employer paid health benefits during periods of leave covered by the FMLA.
- The University will continue the employee's existing employer-paid health insurance benefits during the period of leave covered by FMLA. If necessary, due to continued personal medical or continued approved parental leave, the employee may elect to use eight (8) hours of accrued applicable paid leave for continuation of employer paid health insurance benefits for up to four (4) months, including any portion of leave covered by the FMLA.
Parental leave. Parental leave shall be granted for the purpose of bonding with the employee's natural newborn, adoptive, or foster child. Parental leave may extend up to four (4) months, including time covered by the FMLA, during the first year after the child's birth or placement. Leave beyond the period covered by FMLA may only be denied by the Employer due to operational necessity. Such denial can be grieved beginning at Step Two of the Grievance Procedure (Article 4). Extensions beyond four (4) months may be approved by the Employer.
Parental leave may be a combination of the employee's accrued vacation leave, sick leave up to ten (10) days, personal holiday, compensatory time or leave without pay, the combination of which may be determined by the employee.
If parental leave is taken as leave of absence without pay, the employee may apply eight (8) hours of accrued paid leave per month during the first four (4) months of parental leave to provide for continuation of employer paid health benefits. Periods of parental leave covered by the FMLA shall be deducted from the four (4) month period of eligibility to intersperse paid leave.
Disability Leave. Disability leave of absence shall be granted for a reasonable period to an employee who is precluded from performing her/his job duties because of a disability.
Employee requests for disability leave shall be submitted in writing and the disability and recovery period shall be defined and certified by a licensed health care provider, subject to a second opinion at the Employer's expense.
Disability leave may be a combination of the employee's accrued sick leave, vacation leave, personal holiday, compensatory time, and/or leave of absence without pay, the combination of which may be determined by the employee. If disability leave is taken as leave of absence without pay, the employee may apply eight (8) hours of accrued paid leave per month during the first four (4) months of disability leave to provide for continuation of employer paid health benefits. Periods of disability leave covered by the FMLA shall be deducted from the four (4) month period of eligibility to intersperse paid leave.
Serious health condition leave consistent with the requirements of the FMLA shall be granted to an employee in order to care for a family member, as defined in 10.4, who suffers from a serious medical condition that requires on site care or supervision by the employee.
The employer may require that such leave be supported by certification from the family member's health care provider. Serious health condition leave covered by the FMLA may be taken intermittently when certified as medically necessary.
Employees will be required to use accrued leave for FMLA prior to going on leave without pay. Sick leave may be used as described in Article 10.1(b). Employees will be allowed to maintain a balance up to eighty (80) hours of accrued leave. An employee on leave without pay under this section (serious health condition) may qualify for receipt of shared leave. The employer shall maintain employer paid health benefits during periods of leave covered by the FMLA.
- Disability and serious health condition leaves when covered by the FMLA may be taken intermittently when necessary.
- The employee shall provide the employer with not less than thirty (30) days' notice before the leave is to begin except that if the need for the leave is unforeseeable thirty (30) days in advance, the employee shall provide such notice as is practicable.
12.5 Educational Leave.
Leave of absence without pay may be granted for educational leave for the duration of actual attendance in the educational program.
12.6 Leave Due to Child Care Emergencies.
For leave required to care for an ill child see Article 10.1(b)(6).
Absence due to child care emergencies as defined shall be charged to one (1) of the following:
- Compensatory time;
- Vacation leave;
- Sick leave;
- Personal holiday;
- Leave of absence without pay.
- Use of any of the above leave categories is dependent upon the employee's eligibility to use such leave. Accrued compensatory time shall be used before any other leave is used.
- Use of vacation leave, sick leave, and leave of absence without pay for emergency child care is limited to three (3) instances per calendar year of each type of leave not to exceed twenty four (24) hours each, with the hours prorated for part-time employees.
- The employee upon returning from such leave shall designate in writing to which leave category the absence will be charged. For the purpose of this section, advance approval or written advance notice of vacation leave, personal holiday, and/or leave of absence without pay shall not be required.
- A child care emergency is defined as a situation causing an employee's inability to report for or continue scheduled work because of emergency child care requirements such as unexpected absence of regular care provider, unexpected closure of the child's school, or unexpected need to pick up child at school earlier than normal.
12.7 Military Leave.
Military leave will be treated in accordance with applicable state and federal law.
12.8 Civil Duty Leave.
Leave of absence with pay shall be granted employees to serve on jury duty, as trial witnesses or to exercise other subpoenaed civil duties.
12.9 Work-Related Injury Leave.
An employee who sustains a work-related illness or injury shall, upon written request and proof of continuing disability, be granted leave of absence without pay for up to six (6) months without loss of layoff seniority or change in annual increment date. Leave without pay exceeding six (6) months may be granted at the option of the employing official.
Employees who suffer a work related injury or illness that is compensable under the state worker's compensation law may select time loss compensation exclusively, leave payment exclusively or a combination of the two (2). Employees taking sick leave during a period in which they receive workers' compensation under the industrial insurance provisions shall receive full sick leave pay, less any industrial insurance payments for time loss during the sick leave period.
12.10 Inclement Weather and Suspended Operation.
When an employee is absent from work due to inclement weather, the employee shall have the option of charging the absence to accrued compensatory time, vacation leave or leave without pay.
If the University determines it is advisable due to emergency conditions to suspend the operation of all of any portion of the institution the following will govern:
When prior notification has not been given, employees released until further notice after reporting to work, shall receive a minimum of four (4) hours pay for the first day. The following options shall be made available to affected employees not required to work for the balance of the closure: vacation leave, personal holiday, accrued compensatory time, leave without pay, or up to ninety (90) days to make up work time lost. Make up time worked by overtime-eligible full-time employees is calculated at time and one-half (1-1/2).