This policy summarizes the leaves of absence, paid and unpaid, approved by the University.
Paid absences approved in advance count as hours worked for purposes of calculating overtime payment [refer to Guide Memo 2.1.5: Compensation of Staff Employees, section 5.b(3)]. The University authorizes these absences in Guide Memo 2.1.6: Vacations, in Guide Memo 2.1.7: Sick Time, and in Guide Memo 2.1.13: Paid Holidays. In addition, the following absences with continuation of pay are authorized by the University:
When a regular full-time employee, because of the work schedule, is not able to vote outside of regularly scheduled work hours, supervisors shall authorize necessary time off, but not to exceed two hours with pay. Such time off should be scheduled when least disruptive to the department's work.
b. Jury Duty
A regular employee summoned to jury duty receives time off with pay for the periods of absence from scheduled work as required by the court. The employee retains any payments received from the court. The employee must provide verification from the court or jury commissioner of time spent on required jury duty.
c. Court Appearances
A regular employee subpoenaed as a witness in a non work-related matter receives time off with pay for the periods of absence from scheduled work as required by the court.
Absences to appear as a plaintiff or defendant in a non work-related matter should be charged to personal time off, vacation leave, or personal leave without pay.
d. Personal Time Off
A regular employee may take time off from scheduled work for personal reasons with the supervisor's prior approval. An appropriate use of available PTO is to continue pay during winter closure. A full-time employee may use a maximum of 24 hours of paid time off for his/her personal reasons each year. The maximum allowance per year should be pro-rated for newly hired or rehired employees, and for part-time employees.
Personal Time Off (PTO) is available at the beginning of the calendar year. Employees may "borrow" up to their full amount of PTO before it is credited to cover time that would otherwise be unpaid during winter closure. PTO may not be carried forward from year to year. If the employee is to be terminated and has unused PTO, arrange for the employee to take PTO before termination. Any remaining unused PTO is paid in the employee's final paycheck.
Guide to Supervisors: An employee is not obligated to explain how he/she intends to use personal time off. The supervisor's approval or denial of a request for PTO relates only to whether or not the department/work unit can accommodate the employee's absence.
e. Reporting Personal Time Off
f. PTO Augmenting Disability Payments
Unless the employee applies to his/her department for an exception, which is approved, the University uses an employee's accrued time off (sick, PTO for the calendar year, floating holiday and vacation, in that order) to maintain the employee's base pay during times when the employee is receiving disability benefit payments. See Guide Memo 2.3.5: Disability and Family Leaves, section 6.
g. Death in the Family Leave
When there is a death of a close family member of a regular employee, regular pay continues for the necessary period of absence from work, not to exceed five working days. When additional time off is needed, a department may approve use of vacation or personal leave without pay. Definitions of terms used:
h. Military Training Leave
When required to perform annual military training duty a regular employee receives time off for the period of actual training, up to 17 calendar days a year. The University supplements the employee's military base pay for the scheduled working days of absence, up to the employee's full salary or wage. Employees must complete one year of employment in order to receive supplemental military training pay from the University. (Refer to section 4.f. for procedures.) See your Human Resources Manager for more information.
i. Paid Organ Donor Leave
Under California law, eligible employees are entitled to a paid leave of absence up to 30 days for the purpose of organ donation and up to 5 days for bone marrow donation in any one-year period. Use of accrued time for a portion of the leave will be required to the extent permitted by law. For details, see Guide Memo 2.3.5: Disability & Family Leave, section 4.
NOTE: These leaves of themselves are unpaid and do not result in the employee receiving pay from the University. Depending on the nature of the leave, however, an employee may be required to use other accrued time off, e.g., accrued vacation, personal time off, or sick time, during the leave or may be eligible to receive disability benefits pursuant to the terms of the University's Voluntary Disability Insurance plan.
a. Types of Leave of Absence Without Pay
b. Benefits Continuation During Unpaid Absences
a. Length of Leave
Each leave of absence must be for a definite period with specific starting and ending dates. A leave cannot extend beyond the end of a fixed-term appointment. Whenever a proposed leave will result in a total period of absence exceeding 12 months, prior approval is required from local Human Resources Manager and the Vice President of Human Resources (or his/her designee) or the Director of Human Resources at SLAC. Approval of leaves exceeding 12 months should be rare.
b. Reinstatement Requirement
A department granting or recommending a leave of absence is obligated to reinstate the employee in the same or a similar position at the end of the leave. Under special circumstances, the Vice President of Human Resources (or his/her designee) may approve a recommended leave when the employee has waived in writing the reemployment obligation. A leave of absence is not appropriate when the employee cannot provide reasonable assurance of intention to return to University employment at the end of the leave.
c. Termination of Leave by Layoff
When a layoff situation occurs in a department while an employee is on a leave of absence, normal layoff procedures will apply and will include the employee on leave. If a leave is terminated by layoff, the standard provisions for severance pay, reemployment, and benefits continuation are applicable.
d. Failure to Return from Leave
When an employee does not return to work at the end of a leave, or when a department learns that an employee will not return, the department initiates a termination of the leave and of the individual's employee status, citing the reason for the employee's separation.
PeopleSoft/Axess should reflect both paid and unpaid absences indicating the type of leave and the period of absence. Retain in the department files documentation such as evidence of disability and written request for leave.
b. Advance Approval
When a leave requires advance approval from the Vice President of Human Resources (or the Director of Human Resources at SLAC), the department's request for approval should include the department's written recommendation.
c. Change in Circumstances During Leave Without Pay
When any change in circumstances make it necessary to modify a leave of absence, discuss the situation with the Human Resources Manager before any action is taken.
d. Benefit Plan Arrangements
Employees on an unpaid leave of absence will be billed by Vita Administration Companies for their insurance and health plan premiums on an after-tax basis. Employees must pay the premiums promptly to Vita.
e. Work Schedule Modifications
Supervisors should adhere to University policies and government requirements regarding overtime pay when modifying a nonexempt employee's work schedule to provide the employee with personal time off. (See Guide Memo 2.1.5: Compensation of Staff Employees, for policies on work scheduling.)
f. Procedures for Military Training Pay
The employee should be placed on Leave of Absence Unpaid for reason of Military Service so health and life benefits are not interrupted. When training leave ends, the employee must provide a copy of the pay stub verifying income received from the military. The department then adjusts the employee's pay for the leave period so that the adjusted salary plus military pay equals the usual full-time salary. (See Guide Memo 2.1.18: Military Leave.)
g. Reemployment Rights of Veterans
Any employee who enters military service may have legally guaranteed reemployment rights. When an employee goes into military service, the employee's department should obtain information about these rights from Human Resources.