HR-408 Leaves of Absence, Other

Summary

A Leave of Absence (LOA), whether paid or unpaid, is time away from work for an extended period for prolonged illness or injury or approved personal or institutional reasons. This policy addresses leaves not covered by other University leave policies, including but not limited to Administrative Leave, Development Leave, Faculty Leaves, FMLA, Military Leave, and Worker’s Compensation. If any part of this policy does not reflect the Collected Rules and Regulations (CRR), the provisions of the CRR will govern.

If any part of this policy does not reflect the Collected Rules and Regulations (CRR), the provisions of the CRR will govern.

HR Policy Provisions

HR-408 policy provisions below are in accordance with CRR 340.020 and CRR 340.100:

Purpose – A Leave of Absence is time away from work for an extended period for prolonged illness or injury or approved personal or institutional reasons.
Eligibility
1. This policy applies to employees of the University, including benefit-eligible and non-benefit eligible academic, staff, and student employees depending on the type of leave in section III below.
2. Eligible employees must have a genuine bona fide intention to return to employment following the leave, except when seeking long-term disability.

Types of Leaves

The following are the types of leaves covered by this policy:

Leave	Purpose	Eligible	ePAF Due
Medical	Time away from work due to a serious health condition that extends beyond FMLA coverage or provides time away from work for employees not eligible for FMLA.	All employees, except student employees	All medical leaves for three or more days, regardless of pay status
Personal	Time away from work for personal, non-medical, related reasons.	Benefit-eligible employees	All unpaid leaves
Short Work Break	Time away from work due to temporary reductions in staffing for a specific period in which a non-benefit eligible employee will be absent for less than 52 weeks.	Non-benefit eligible and student employees	Any period
Seasonal	Time away from work due to scheduled customary breaks in operations for a specific period, not in excess of three months.	Benefit-eligible employees	Any period regardless of pay status

Whether or not the type of leave is considered “Paid LOA” or “Unpaid LOA” is dependent upon available paid time off to cover the leave, such as the use of PTO, sick time, comp time, parental leave pay, caregiver leave pay, etc. Once all applicable paid leaves are exhausted, the leave of absence is an Unpaid LOA.

Approvals
1. Before a leave may begin, requests for an LOA must be approved by the employee’s supervisor, division leader(s), and campus, hospital, or system Human Resources.
2. Unpaid medical or personal LOAs may only be granted after all appropriate paid leave has been exhausted, with the exception of seasonal closures. A leave of absence may be granted when the requirements of the department permit and when such leaves is for prolonged illness or injury extending beyond available paid leave or for any exceptional reason if requested by the employee and approved by the supervisor, division leader(s), and campus, hospital, or system Human Resources.
3. Approved LOAs may be extended, not to exceed three (3) months or beyond the ending date of the employee's appointment, whichever is less, with the approval of campus, hospital, or system Human Resources; however, in no circumstance may a leave of absence exceed one year.
Compensation and Benefits
1. Employees have the option of using available paid leave or receiving leave without pay for seasonal closures. All other leaves require the employee to exhaust available paid time off (e.g., PTO, sick time, comp time, parental leave pay, caregiver leave pay, etc.) before going into unpaid status. Once all available paid leave is exhausted, time off is without pay.
2. Paid LOAs are paid at the employee’s rate of pay based on when the leave is taken.
3. Additional leave of absence (LOA) information
  1. Employees continue to accrue paid time off (PTO) during paid LOAs.
    
    1. The period of paid and unpaid leaves of absence are counted as length of service in computing PTO accrual rates.
    
    2. PTO accruals become available to the employee after returning to work in an active status.
  2. Employees eligible for other available leave during approved LOAs (e.g., holiday pay, winter break pay) are eligible to receive such pay during a paid LOA. However, in no case should the combination of paid leaves exceed the employee’s base pay.
  3. During a paid and unpaid LOA, employees are eligible to continue participation in the university's employee benefit programs (medical, dental, life, vision, etc.). Employees are responsible for their portion of the premium costs for coverage to continue.
  4. During a paid LOA, employee contributions to retirement programs and other required deductions (e.g., garnishments) will continue. Voluntary deductions will continue unless approved or directed to stop by the authorizing organization (e.g., parking, union dues).
  5. Whether or not an LOA is credited towards vesting, service, or salary credit for members of the Defined Benefit Plan or Hybrid Plan is based on the type of leave granted (e.g., FMLA Leave or Personal Leave) in accordance with CRR 530.010. For participants in the Defined Contribution Plan, the leave period is not considered a break in service in calculating vesting service.
Return to Work
1. Upon expiration of an LOA, the department will return the employee to the same or a similar position held before the leave or an equivalent position to the extent that such a position is reasonably available. The employee will be provided the level of benefits and seniority held before the leave. Should a same or similar position not be available upon expiration of the LOA or return to work, the supervisor or division leader may request an LOA extension.
2. A health care provider’s statement will be required for return to work from the employee’s own serious health condition, including after the birth of a child.
  1. The return-to-work form shall be presented before the employee may be returned to the work schedule.
  2. The return-to-work form must document the nature and duration of work restrictions if any. If the employee can return to work earlier than the date indicated, the employee will be required to notify the supervisor and/or the campus human resources office at least two (2) workdays prior to the date the employee intends to return for work.
3. Failure to return to work upon expiration of the LOA or when a position becomes available results in termination of employment, unless approved for Long-Term Disability benefits. When Long-Term Disability benefits commence, a leave of absence ends.
Procedures
1. Requests for Leaves of Absence must be approved before time off.
2. A Personnel Action Form (ePAF) must be processed in accordance with paragraph III of this HR policy.
3. Unpaid leaves will become effective on the first day without pay.
4. Upon return to work, an ePAF is required to return the employee to regular payroll status.
5. Should an employee fail to return to work upon expiration of an LOA, the department is responsible for initiating procedures to terminate the employee's service. An ePAF must be processed timely to avoid overpayments and continuation of benefits.

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