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Administrative Staff Leaves Procedures

1 June 2013

PAID LEAVES

VACATION

Full-time administrative employees earn 14.67 hours of vacation for each month worked. This is equivalent to 176 hours (22 days) vacation per calendar year (January 1 – December 31). Depending on years of service, full-time staff employees earn 3.69 to 6.77 hours of vacation each two week pay period (see Staff and Student Pay Schedule).

To maintain employee records, the number of vacation hours taken is entered into an automated system (staff employee hours are entered into YTime and administrative employee hours are entered into the PeopleSoft Admin Sick/Vacation Entry screen). The Compensation department provides assistance to departments in making necessary adjustments in data.

When an officially recognized holiday falls within a vacation period, vacation time will not be charged for that day. An employee, who becomes ill while on vacation, may substitute sick leave for vacation day(s) only if approved by the supervisor. The supervisor may request a doctor's statement.

Employees may donate vacation hours to other employees within their own department in case of a serious illness or a medical emergency (see the Sick Leave Assistance section for further information).

An employee may accumulate more than 176 vacation hours throughout the calendar year, At the end of each calendar year, continuing employees may not receive payment for unused vacation hours. However, employees may carry over a maximum of 176 vacation hours to the next calendar year. Any unused hours in excess of 176 are forfeited.

Upon termination, an employee will generally receive payment for unused vacation in accordance with these procedures (see the Employee Termination Procedures). When computing vacation hour payout, at the time of termination, fractions of an hour will be rounded up to the next whole hour not to exceed limits defined by these procedures. For information about staff vacation accrual for a terminated employee who is rehired, refer to the Months of Service Employment Policy.

Employees transferring to other CES/COP organizations may have vacation paid out prior to transfer following the procedures for terminating employees (see above). Employees transferring from CES/COP units to BYU may not be eligible to bring vacation with them. Employment with the CES/COP will be counted when determining the vacation accrual rate.

When an employee transfers from one University department to another, earned vacation hours transfer with the employee (see Personnel Transfer Policy).

SICK LEAVE

Sick leave may be used for the illness of an administrative or staff employee and, with the appropriate approval, for an illness of members of the employee's immediate family (spouse, children, parents, and parents-in-law) living in the employee's home, including preventive care. Use of sick leave for family members should be discussed with and approved by management. Management may require medical certification to verify that sick leave has been or will be taken for a legitimate purpose. Sick leave usage beyond five working days will generally be counted against time available under Family and Medical Leave.

Sick leave may be used when the employee cannot or should not work upon medical advice (including maternity). Sick leave does not cover absences that occur as a matter of preference rather than from medical necessity. For example, sick leave may be used when a woman is unable to work because of the effects of her pregnancy or due to the birth of a child.

Female employees may choose to apply up to four weeks sick leave for a normal delivery and recovery from childbirth, and up to six weeks for a delivery with complications. Male employees have the option to apply up to five days of sick leave for the birth of a child.

An employee who does not have enough sick leave to cover a period of illness may use earned vacation or apply for Sick Leave Assistance in emergency cases, when appropriate, after vacation time is expended. The employee may also apply for Personal or for Family and Medical Leave (FMLA).

Employees transferring directly to or from CES/COP units may take earned sick leave with them. The transferred benefit must not exceed the maximum accrual allowed by the policies of the new employer nor be of a kind the new employer does not offer.

To maintain employee records, the number of sick hours taken is entered into an automated system (staff employee hours are entered into YTime and administrative employee hours are entered into the PeopleSoft Admin Sick/Vacation Entry screen). The Compensation department provides assistance to departments in making necessary adjustments in data.

SICK LEAVE ASSISTANCE

Sick Leave Assistance consists of vacation hours voluntarily donated by administrative and staff employees within the same college, department, or division. Employees may donate only their earned but unused vacation.

The dean or director administers the Sick Leave Assistance program in collaboration with the Employee Relations/Equal Opportunity and Compensation departments. Once the need is identified within the college, division, or department, a designated representative should contact the Equal Opportunity Manager for appropriate approval and coordination. The intended recipient may not solicit donated hours nor may any employee, other than the designated representative, solicit donated hours on behalf of the individual.

Upon approval, the representative will notify college/department personnel of the need and opportunity to provide assistance. The representative may release the name of the employee needing assistance and the estimated number of hours needed. During this process the department should not release information regarding the employee’s actual health condition. Employees who desire to donate will then complete a Sick Leave Assistance form to identify the intended recipient and to specify the number of hours donated. The representative will collect and forward the forms to the Compensation Department (D-240 ASB) for processing. The recipient may know the names of those donating vacation but generally not the number of hours donated. The form may be found at http://www.byu.edu/hr/managers/forms/sick-leave-assistance.

The Compensation department will deduct donated hours from the donors’ vacation leave, as needed. Hours donated in excess of the need will not be deducted from the donors’ vacation balance.

FUNERAL LEAVE - All Eligible Full-time University Personnel

When the time needed to accomplish normal arrangements for and attendance at a funeral is less than three days, it is expected that personnel will take only the amount of time required. If more than three days are required, employees may take available vacation or leave without pay if the circumstance falls within policy and the supervisor approves the additional leave.

At the discretion and approval of the supervisor or department chair, personnel may attend the funeral of a University colleague or relative not listed in the policy during regular working hours. The supervisor or department chair will determine whether the individual should make up the time.

DISABILITY LEAVE - All Eligible Full-Time University Personnel

Supervisors/department chairs should contact Benefits Services at the earliest date possible if it becomes apparent an individual may be in need of and eligible for disability coverage. Personnel apply for disability benefits by submitting a completed disability application. Refer to the Deseret Mutual (DMBA) disability handbook for more complete information and details.

LEAVES WITHOUT PAY

When personnel return to active employment after an approved leave of absence, the department should notify the Compensation department and Benefits Services.

Continued participation in the Remembrance Fund requires contributions during all leaves except disability leave.

FAMILY AND MEDICAL LEAVE (FMLA) - All Eligible University Personnel Leave Available

Eligible employees may take up to 12 workweeks of Family and Medical Leave in a 12-month period. BYU chooses to use a rolling 12-month period measured backward from the date an employee uses any FMLA leave. For example, if an employee requests FMLA beginning on a given date and used eight weeks of leave sometime during the 12 months prior to that date, an additional four weeks of leave would be available for the employee’s use. During the previous 12-month period the employee must have actually worked a total of 1250 hours to be eligible for FMLA leave. In cases where a husband and wife are both employed by the University, their combined leave for purposes of caring for newborn or newly-placed children or for caring for a sick parent will be limited to a total of 12 weeks during each 12-month period. An employee’s entitlement to leave for a birth or a placement of a child through adoption or foster care expires at the end of the 12-month period beginning on the date of the birth or placement. Any such leave must conclude by the end of this period.

Eligible personnel may take up to 26 weeks of leave during a single 12-month period to care for a covered service member who has a serious injury or illness incurred in the line of duty on active duty. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves.

Definition of Serious Health Condition

A serious health condition is one that involves an overnight stay in a medical care facility or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job or prevents the qualified family member from participating in school or other daily activities. In general, serious health conditions include illnesses, injuries, impairments or physical or mental conditions involving:

  • Any period of incapacity or treatment connected with inpatient care (e.g., an overnight stay) in a hospital, hospice, or residential medical care facility; or
  • A period of incapacity requiring absence of more than three consecutive calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or
  • Any period of incapacity due to pregnancy or for prenatal care; or
  • Any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or
  • A period of incapacity that is permanent or long term due to a condition for which treatment may not be effective (e.g., Alzheimer’s, stroke, terminal diseases, etc.); or
  • Any absences to receive multiple treatments (including any period of recovery there from) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.).

Serious health conditions do not include temporary or minor injuries that last only a few days or surgical procedures that typically do not involve hospitalization and require only a brief recovery period.

Questions regarding what constitutes a serious health condition should be addressed to Employee Relations/Equal Opportunity, (801) 422-5895, or for faculty, to Faculty Relations, (801) 422-9772.

Intermittent or Reduced Schedule Leave

An employee does not need to use the leave entitlement in one block. Leave may be taken intermittently or on a reduced leave schedule when medically necessary. Intermittent or reduced leave is not available for the birth or adoption of a child unless approved by the Employee Relations/Equal Opportunity department in consultation with the employee’s department manager. When personnel qualify for leave on an intermittent or reduced-schedule basis, the supervisor or department chair and the individual should coordinate regarding the timing of the leave so that it serves the individual's needs while causing minimal disruption to the workplace.

Intermittent leave is not available in increments of less than one hour. If the intermittent or reduced schedule leave is determined by the supervisor or department chair to be unduly disruptive to the workplace, the individual may be transferred to an available alternate position for which the employee is qualified for the duration of the leave.

Effect of Leave on Job Status and Benefits

During leave, BYU will maintain the employee’s health coverage under any group health plan on the same terms as if the employee had continued to work. Both the employee and the University will pay their respective portions of the health insurance premium monthly.

An employee who fails to return to work after leave entitlement has been exhausted may be liable for premium payments paid by BYU. An employee who returns to work for at least 30 calendar days is considered to have “returned” to work.

Employment benefits earned prior to the date on which leave commences will not be lost, but no sick or vacation time will accrue during the leave. Up to 12 consecutive months of personal leave may be counted towards retirement credit in the Deseret Mutual Retirement Plans. Additional personal leaves will count towards retirement credit as long as they do not exceed 12 consecutive months. (For purposes of counting retirement credit, FMLA leave is considered a personal leave.) FMLA leave cannot be used to extend a termination date.

The Rank and Status Policy will determine the effect of FMLA leave on faculty rank and status.

Upon return from FMLA leave, personnel must generally be restored to their original or equivalent position with equivalent pay, benefits, and other employment terms. If, at the end of the 12-week period, the employee is unable to perform any one of the essential functions of the original position, the employee’s right to job restoration ceases.

Required Notice of Intent to Take FMLA Leave

Personnel must provide at least 30 days advance notice of intent to take a foreseeable FMLA leave. In any case, personnel should notify their supervisor or department chair as soon as practicable under the circumstances. The supervisor will then coordinate with the Employee Relations/Equal Opportunity Department for administrative and staff personnel or with the Faculty Relations Manager at for faculty to determine the employee’s eligibility and to provide official notification of leave.

Medical Certification

BYU may require medical certification to support a request for leave based on the serious health condition of the employee or the employee’s family member. Absent extenuating circumstances, the employee must submit required medical certification within 15 days of requesting leave. Leave approval will remain conditional until certification is received. At the University’s expense, BYU may also seek a second and third medical opinion to verify a serious health condition. Employees may also be required to provide periodic recertification supporting the need for leave. Failure to provide a required medical certification will result in denial of FMLA leave, and may result in termination for unexcused absence. Prior to returning from leave, an employee may be required to submit a fitness-for-duty report from a physician.

Relationship of FMLA Leave to Other Types of Leave

Reasons for taking disability, Workers’ Compensation, or personal leaves may also qualify as serious health conditions as defined in the FMLA. The 12-week entitlement under FMLA will run concurrently with any of these qualifying leaves. FMLA leave time counts against the total amount of personal leave available to an employee.

Employee Rights and Enforcement Procedures

It is unlawful for an employer to:

  • Interfere with, restrain, or deny the exercise of any right provided under FMLA; or
  • Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

Employees who believe their rights under FMLA have been violated may:

  • Bring a civil action against an employer; or
  • File a complaint with the U.S. Department of Labor, Wage and Hour Division.

FMLA does not affect any federal or state laws prohibiting discrimination or supersede any state or local laws that provide greater family or medical leave rights.

Personnel with questions about FMLA should call Employee Relations/Equal Opportunity, or Faculty Relations.

Military Leave - All Eligible University Personnel

To qualify for reemployment following military leave, an individual must normally meet the following conditions:

  • The period of service cannot exceed five years of active duty, unless the federal government requests additional time of the enlistee.
  • Generally the enlistee must submit an application for reemployment following the completion of uniformed service or after release from hospitalization or convalescence according to the following schedule:
    • Less than 31 days of service – the person must apply for reemployment by the start of the first full, regularly scheduled work period;
    • More than 30 days but less than 180 days – the person must apply for reemployment within 14 days;
    • More than 180 days – the person must apply for reemployment within 90 days.

If reporting within the designated time period is impossible or unreasonable, the person must contact the employer as soon as possible after the eight-hour period of being transported home safely from military service.

The individual must have received an honorable discharge from active duty service.

There may be situations where a disability arising from military service makes it impossible for an individual to return to the position previously occupied. Under these circumstances, the University will attempt to place the individual in a position commensurate with ability and skill according to Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

After reemployment following a military leave, the University may not terminate an individual without cause for one year.

National Guard or Reserves

The University will grant an individual leave without pay to complete initial training with the National Guard or Reserve and will honor the individual’s reemployment rights stipulated by USERRA. Normally, the individual must fulfill the following requirements:

  • Honorably complete the prescribed training; and
  • Submit an application for reemployment within 31 days after release from duty.

After reemployment, the University may not terminate an individual without cause for six months.

The University will grant an individual leave with pay to fulfill required periodic training under the following conditions:

  • Upon release, the individual must report for work on the next regularly scheduled working day.
  • Leave time will not exceed 18 working days in a calendar year.

The individual will be compensated as follows:

  • If the University salary is greater than military pay, the individual will receive the salary and reimburse the military pay through the BYU Payroll office.
  • If military base pay per day is greater than BYU pay, the individual will retain the military pay and receive no BYU pay.
  • The individual may use accumulated vacation for all or part of military leave, keeping the entire amount of military pay for the time taken as vacation.

To request military leave not covered by vacation, the supervisor must submit an electronic Personnel Action Form (ePAF).

Time used for military leave will continue to count toward service required to receive benefits.

Faculty personnel should coordinate military leave through the department chair.

Personal Leave

There may be unusual situations when administrative and staff employees’ earned leave is not sufficient to cover an absence. In these cases department supervisors and the Compensation department may approve a Personal Leave without pay. Personal Leave requests may include: unusual travel opportunity, need to accompany spouse to work assignment, etc. Departments approving a personal leave will generally hold a position for the individual. Supervisors should complete an electronic Personnel Action Form (ePAF), which will be sent to the Compensation department for final approval.

A department supervisor may authorize staff employees to take leave without pay for up to five consecutive working days without approval from Human Resource Services. Supervisors should record the absences in the time and attendance system. When leave without pay will extend beyond five consecutive working days for staff, the supervisor must complete an electronic Personnel Action Form (ePAF) in advance.

For administrative personnel requesting a Personal Leave, supervisors should complete an electronic Personnel Action Form (ePAF) for any amount of unpaid leave. Administrative employees may only take Personal Leave in full-day increments.

Personnel wishing to maintain insurance coverage during the leave may do so for a period not to exceed six months. During the first three months of the leave, the individual pays the employee portion of the premium and the University will pay the employer portion. When approved Personal Leaves extend beyond three months, the employee pays the entire premium (employee and employer portion) beginning with the fourth month. Benefits Services will make the necessary arrangements.

Up to 12 consecutive months of personal leave may be counted towards retirement credit in the Deseret Mutual Retirement Plans. Additional personal leaves will count towards retirement credit as long as they do not exceed 12 consecutive months.

Professional Development Leave

Departments may request a leave for an employee to attend school or have a valuable work or training experience. Departments should only request Development Leave when there will be a direct, immediate or long-range benefit to the University. Also, the department should be able to make arrangements to cover the employee's work assignment without undue hardship.

Development Leave is for a maximum period of four months full-time or nine months if the employee continues to work half-time. Employees on leave, who attend BYU, continue to receive tuition benefits and may register for unlimited classes. For tuition benefits to apply, an individual must meet admission and registration requirements of the University. Due to enrollment limitations, individuals are not guaranteed acceptance in a particular class during a given semester. Spouses and children may continue to receive the tuition benefits as outlined in the University Personnel Tuition Policy.

Development Leave requires the approval of the immediate supervisor, dean/director and the Assistant Administrative Vice President-Human Resource Services. The University will ordinarily not grant a leave if it requires the hiring of a full-time person to replace the employee. Based on the assumption the employee will return to work for the department, the department will hold the position, or an equivalent position.

The individual may maintain insurance coverage during the leave by paying the employee portion of the premium. The University will pay the employer portion. Benefits Services will make these arrangements.

An employee may not request a subsequent development leave until another four-year period has elapsed.

Work Recess Leave

Departments should submit an electronic Personnel Action Form (ePAF) to request Work Recess Leave for an employee. The Compensation department will notify Benefits Services and the Payroll office of the Work Recess Leave. Departments should make arrangements far enough in advance so employees may plan effectively for the recess period. They should explain to a new employee there may be a need for an annual seasonal recess.

A department may not grant Work Recess status unless an employee plans to return to regular work immediately following the recess. A Work Recess Leave is not appropriate if the department must employ a replacement for more than half time.

During approved Work Recess:

  • Employees receive pay as they earn it; they may not spread payments over periods not worked.
  • Employees receive pay for official holidays that occur while working in proportion to time worked, but not for holidays that occur during a full work recess. (Exception: Employees on work recess between fall and winter semesters receive pay for the Christmas and New Year's holidays.)
  • Retirement service credit will continue to accrue during the work recess. Contributions to the insurance program by the University and employee during the work recess will be the same as when the individual is working. Employees will continue to pay the full premium for supplemental insurance programs and the Remembrance Fund. Benefits Services will make the appropriate arrangements.

FACULTY LEAVES

For leaves which apply specifically to faculty, see the Faculty Leaves Policy.

THE UNIVERSITY RESERVES THE ABSOLUTE RIGHT TO DEVIATE FROM THESE PROCEDURES.

Updated by the HRS Web Team, Brigham Young University, Provo, UT 84602 - Copyright 2008. All Rights Reserved.