Chapter 3339-4 Leave of Absence for Unclassified Administrative Staff

3339-4-01 Compensation-wages/overtime/compensatory time for unclassified administrative staff.

(A) Determining eligibility

Full-time unclassified administrative staff are expected to work at least forty hours per week and may need to work more than forty hours per week to fulfill their employment responsibilities. The fair labor standards act (FLSA) requires the university to pay some unclassified staff overtime pay in the amount of one and one-half times the employee's regular pay rate for all hours worked over forty hours in a workweek or to provide them with compensatory time off The university workweek begins at one second after twelve a.m. on Saturday and ends at twelve p.m. midnight on Friday. The positions that are covered by FLSA overtime regulations are called "non-exempt" or "overtime eligible."

Salaried positions that meet certain criteria are exempt from the FLSA's overtime requirements. Unclassified administrative staff in overtime exempt positions are not eligible for and do not receive overtime payment or compensatory time off The FLSA overtime eligibility status of a position is established at the time it is created and may be reviewed if the duties or pay changes.

The department of human resources and academic personnel services are responsible for determining the overtime eligibility status for all positions.

(B) Reporting time worked

All overtime-eligible employees are required to maintain accurate records of time worked. The university uses an electronic time-reporting system, and overtime-eligible employees are required to use this system unless a different method is approved in writing by the appropriate personnel office. All overtime-eligible employees are paid on the university's bi-weekly payroll.

Any employee who falsifies a time record is subject to disciplinary action, up to and including termination of employment. Supervisors are responsible for reviewing, approving, and correcting reported time and for ensuring that all records are current and accurate. Supervisors are required to communicate any changes to the employee in writing or have a written request from the employee to change the time record.

(C) Working overtime

Overtime-eligible employees must obtain approval from their supervisor to work more than forty hours in any workweek. Overtime-eligible employees will be paid for all hours worked whether overtime has been approved or not. However, employees who work overtime hours without their supervisor's approval are subject to disciplinary action, up to and including termination of employment.

(D) Overtime pay

Overtime-eligible employees will be paid one and one-half times their regular pay rate for hours worked in excess of forty in a workweek. Paid time that is not actually worked, including (but not limited to) vacation, sick leave, and holidays, does not apply toward the calculation of overtime.

An overtime-eligible employee who works in more than one appointment to achieve full-time status during a workweek will have the hours worked in all positions combined to calculate the total hours worked. Overtime-eligible employees with a full-time appointment may not have an additional appointment.

No employee is eligible for overtime or compensatory time unless the employee actually works in excess of forty hours per workweek.

Some divisions are not funded for or do not have sufficient funds to pay for all needed overtime work. As a result some divisions and departments have adopted mandatory compensatory time policies. In all other divisions and departments, overtime work that is needed but not funded may be offered to-but not required of-an employee, contingent on the employee's willingness to accept compensatory time instead of overtime payment. Overtime accepted on a contingent basis must be documented in writing using the contingent overtime agreement template.

(E) Compensatory time

It is university policy that all overtime eligible unclassified employees in the division of intercollegiate athletics, recreational sports center and goggin ice arena receive compensatory time off instead of overtime payment. In all other divisions, an employee may elect to receive compensatory time instead of overtime payment. Compensatory time is earned at the rate of one one and one half hours of compensatory time for each overtime hour worked. Compensatory time is tracked in the university's time-reporting system.

Employees may accumulate up to two -hundred forty hours of compensatory time. The two- hundred forty hour limit represents one hundred- sixty hours of actual overtime worked. If an employee has an accrued balance of two hundred forty hours of compensatory time, the employee cannot earn more compensatory time and the university will pay overtime for the additional overtime hours worked.

Compensatory time must be earned before it is taken and may be used at the discretion of the employee, subject to the supervisor's approval. The supervisor may not deny the request to use compensatory time unless it would unduly disrupt operations. Compensatory time should be taken in one-half day (four hour) increments. A supervisor may require employees to take compensatory time off to reduce compensatory time balances unless doing so would cause the employee to forfeit vacation accrual. Supervisors should give as much advance notice as possible to employees when requiring the use of compensatory time.

For the purpose of computing overtime, compensatory time, when taken, is not counted as hours worked.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01

3339-4-02 Vacation- unclassified administrative staff.

(A) General

As a professional, each member of the instructional staff assumes a commitment to meet all scheduled classes and to discharge the other responsibilities of teaching, advising, research, service, and administration associated with membership in a university community. Administrative staff members have an obligation to ensure the progress of the educational program of the university. An individual who expects to be absent should obtain advance permission from the department chair or other supervisor and assist in making arrangements for proper coverage of duties. Whenever it is not possible to perform regular duties, this fact shall be reported to the chair or supervisor as soon as possible.

The purpose of the vacation benefit is to provide time away from work for rest, recreation, and renewal: the university, therefore, expects its unclassified administrative staff to use vacation time each year for such purposes. It is also recognized, however, that it may not always be possible for an individual to use his or her full complement of vacation days within a given contract year: for this reason, while accumulation of vacation time is discouraged, it is permitted within the limits set forth in this rule.

(B) Vacation

(1) Fulltime administrative staff with a twelve-month, eleven-month, or ten-month appointment earn vacation. Part-time administrative staff (less than forty hours per week) do not earn vacation.

In lieu of vacation, faculty are not required to work during the university break periods that fall within the term of their academic-year appointment (fall three day, thanksgiving, winter and spring breaks). Faculty who choose to work may not use these days at any other time nor are they entitled to accrue or cash out any unused days.

In lieu of vacation, coaches, trainers, and equipment managers are entitled to twenty-two noncontract days per fiscal year as approved by their supervisor. Coaches, trainers, and equipment managers are not entitled to accrue or carry over unused noncontract days beyond the term of their annual appointment, nor are they entitled to cash out any unused noncontract days.

(2) The following governs the accrual and use of vacation by twelve-month, eleven-month, or ten-month fulltime administrative staff.

(a) Fulltime administrative staff on a twelve-month, eleven-month, or ten-month contract earn vacation in equal monthly increments.

(i) Twelve-month, eleven-month, or ten-month.

(ii) Administrative staff employed eleven months fulltime earn a maximum of twenty days per fiscal year.

(iii) Administrative staff employed ten months fulltime earn a maximum of eighteen days per fiscal year.

Administrative staff governed by this policy, who begin work (as reflected by the payroll) before the sixteenth day of any month, will earn the full vacation accrual for that month. Administrative staff whose last day of work is before the sixteenth of any month will not earn vacation for that month. Vacation days do not accrue during a leave of absence without pay

(b) Vacation is used in increments of one-half day for absences of four hours and one full day for absences of more than four hours. Requests for vacation of more than two days duration should be made at least one month in advance. All vacation leave must be approved in advance by the staff member's supervisor.

(c) An administrative staff member may accrue a maximum vacation balance of fifty-two days. Employees will not accrue and will forfeit vacation in any month while the balance is at the maximum permitted. Employees will earn a partial accrual in any month where the full accrual would result in a balance greater than the maximum permitted.

(d) Use of accrued vacation days must be reported on a monthly basis, and the report must be approved by the supervisor. Questions should be directed to the appropriate personnel office.

(e) Vacation day use will not be charged against days not scheduled to work or university recognized holidays.

(f) The university closes for several days during winter break. In order for administrative staff to be paid for the days the university is closed, the use of vacation is required. Please note that certain university departments must remain open and some employees will be required to work those days.

(g) Upon retirement, termination, or death, the administrative staff member or his or her estate shall be compensated at the final rate of pay for unused vacation to a maximum of forty days. Days are rounded to the nearest half or whole day. Compensation shall be paid within ninety days of retirement, termination, or death.

(h) Vacation time may not be used to extend university benefits coverage.

Replaces: 3339-4-02

Effective: 9/13/2012
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 9/13/2012

3339-4-03 Holidays - unclassified administrative staff.

Fulltime administrative staff are entitled to the following paid holidays: New Year's day, Martin Luther King day, Presidents' day, Memorial day, Independence day, Labor day, Columbus day, Veterans' day, Thanksgiving day, and Christmas day.

These are the only holidays to which administrative staff are entitled. Other periods when classes are not in session (e.g., the break between semesters, spring break) are not holidays, and members of the administrative staff are expected to be at work.

State statute permits the designation of certain holidays to be observed on days other than when they are observed by the rest of the state. Miami's annual holiday schedule reflects these changes.

On certain holidays, the university is open for business. Administrative staff members who are required to work on such a day will be given a day off at a time agreed to by both staff member and supervisor.

Replaces: 3339-4-03

Effective: 9/13/2012
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 9/13/2012

3339-4-04 Professional development or educational leave - unclassified administrative staff.

(A) Professional development or educational leave - unclassified administrative staff.

Vice presidents may recommend to the president professional development or educational leaves, at full or reduced salary, for members of the unclassified administrative staff: such leaves must be for the purpose of professional development that will enhance the staff member's ability to perform Miami university administrative functions. Such activities will typically involve formal training programs sponsored by other universities or conducted under the sponsorship of professional associations or societies. Normally, a professional development or educational leave will not be granted for the purpose of pursuing a degree. All professional development and educational leaves of absence are subject to the approval of the president. Applications for such leaves must be made to the appropriate vice president at least six months prior to the beginning date of the requested leave. If a leave is granted, vacation and sick leave credits shall not be accrued or used during the period of the leave. Retirement contributions will be made only as allowed by STRS, PERS,PERS-LE, or the alternative retirement plan.

A request for a leave should detail the activities proposed, the duration of the leave, and the significance of the proposed activities for the mission of the university. The request must also indicate how the department will cover the individual's job responsibilities during the leave.

Individuals receiving a leave are obligated to remain at Miami university during the ensuing fiscal year following the leave and to make a full report of the results of the assignment to their supervisor, their department head, and the appropriate vice president within ninety days of the completion of the leave. If an individual chooses not to return to Miami during the ensuing fiscal year, he or she must refund the compensation received from Miami during the leave.

Recipients of leaves may receive money for approved study or research or other activities expressly related to the purpose of the leave without prejudice to their receipt of income from Miami, provided that the total remuneration from all sources (including Miami) does not exceed the recipient's annual Miami university salary. In addition to salary, special arrangements may be made for grants to defray travel and similar incidental expenses. These arrangements must be approved in advance of the leave.

Questions regarding the program and its guidelines should be addressed to the appropriate personnel office.

(B) Attendance at professional meetings

Miami university is firmly committed to a policy of encouraging staff members to continue professional development through attendance at professional meetings and conferences. To participate in such meetings an individual must make advance arrangements for classes and other university responsibilities, these arrangements to be acceptable to the department chair or other supervisor.

Replaces: 3339-4-04

Effective: 10/31/2006
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 10/31/2006

3339-4-05 Sick leave - unclassified administrative and instructional staff.

(A) General

Sick leave is the authorized absence of an employee from regular duties because of illness, injury, pregnancy, exposure to contagious disease, family health situations requiring attendance of the employee, health care appointments, and death in the immediate family. Immediate family members include the employee's mother, father, brother, sister, biological or adopted child, stepchild, spouse, domestic partner, grandparent, grandchild, mother-in-law, father-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, grandparent-in-law, anyone who stood in loco parentis to the employee as a child, and other persons for whom the employee is legally responsible. A completed affidavit of domestic partnership must be on file with the department of human resources to use sick leave for the care of a domestic partner or qualifying relative of the domestic partner.

Each full time unclassified administrative or instructional staff member who works nine or more months per year earns fifteen days of sick leave per contract year. Staff members who work less than nine months earn sick leave at the rate of one and one-quarters days per month. Staff members who work less than full time earn sick leave on a pro rata basis. Unused sick leave entitlement is cumulative without limit.

The vice presidents shall be responsible for implementing this policy and for authorizing modifications for unusual circumstances. The appropriate personnel units shall be responsible for the establishment of accrued sick leave balances for employees and for the maintenance of sick leave records.

(B) Reporting absences

A staff member is expected to report an absence promptly when normal duties cannot be performed and sick leave is being used. A consecutive period of sick leave use includes all days an individual is normally expected to work, whether or not the individual has scheduled responsibilities.

Use of accrued sick leave days must be reported on a monthly basis, and the report must be approved by the supervisor. Questions should be directed to the appropriate personnel office. Sick leave is used in increments of one-half day for absences of four hours and one full day for absences of more than four hours. A maximum of five days of sick leave may be used for the death of an immediate family member.

If a member of the instructional staff makes arrangements acceptable to the department chair or other supervisor for a colleague to perform the staff member's duties during an absence (without additional expense to Miami university), this absence will not be charged against the individual's accumulated sick leave; in no case, however, will such an arrangement exceed one month or the remainder of the then-current semester, whichever is greater.

The University may require appropriate evidence for the use of sick leave.

(C) Extension of sick leave

In the event a staff member exhausts his or her accumulated sick leave because of an extended illness, the staff member may be retained on the payroll for an additional period of time if recommended by the supervisor or chair and approved by the appropriate vice president and president. Consideration of such requests shall include years of service, extent of illness, and/or other extenuating circumstances.

(D) Transfer/cash out of sick leave

An administrative or instructional staff member with ten or more years of Ohio public service shall upon retirement from active service be paid in cash for one fourth of the value of earned but unused sick-leave credit to a maximum of thirty days. Such payment shall be based upon the employee's rate of pay at the time of retirement. Payment for sick leave on this basis shall be considered to eliminate all sick-leave credit accrued by the employee at that time. Such payment shall be made only once to any employee and will be paid within ninety days of retirement. In order to be eligible for the sick-leave payoff, the employee must, at the time of separation, be eligible for retirement benefits as determined by the applicable retirement system.

If an employee transfers to or from another agency of the state of Ohio, unused accumulated sick leave entitlement shall transfer to the new unit. The unit of origin must furnish the receiving unit with written evidence of the employee's entitlement to sick leave. The previously accumulated sick leave of an employee who has been separated from Ohio public service shall be credited to that employee upon reemployment in the Ohio public service, provided that such reemployment takes place within ten years of the date on which the employee was last terminated from public service.

Replaces: 3339-4-05

Effective: 9/13/2012
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 9/13/2012

3339-4-06 Parental leave.

As part of its efforts to foster a workplace in which professional success can be achieved while maintaining a quality personal and family life, the university supports employees and their families with leave opportunities for new parents. All requests for leave under this policy should be made as far in advance as possible, but generally not less than thirty days before the leave commences and must be in writing and submitted to the appropriate personnel office (academic personnel or human resources). The following sections outline the leave program; however, employees and their supervisors should contact the appropriate personnel office for guidance and assistance with the process. The university will make appropriate arrangements to cover the duties of the employee while the employee is on parental leave.

Tenure-track faculty members who have or share primary care-taking responsibilities associated with the birth or adoption of a child under age five may request an extension of their probationary period, i.e., the tenure clock. (See paragraph (C) of rule 3339-7-06 of the Administrative Code for information on extending the tenure clock.)

There are a number of other university-provided benefits designed to support employees and their families, e.g., flexible spending account, health insurance, and dental insurance. Employees should contact benefit services for information regarding these benefits. Payroll deductions for tax purposes should also be considered, and payroll services will assist the employee with any changes.

(A) Parental leave

The university provides all benefit-eligible employees with twelve weeks of parental leave to be used following the birth or adoption of a child. The purpose of parental leave is to provide a period of recovery from childbirth for the birth mother; and a period of time for parents (birth mothers, fathers, domestic partners, and adoptive parents) to care for and bond with the newborn or newly-adopted child.

(1) Paid parental leave

(a) Birth mothers-the university will provide up to six weeks of paid parental leave (one hundred per cent of regular salary or pay) to each birth mother to recover from childbirth and to care for and bond with the newborn.

(b) Fathers, domestic partners, and adoptive parents-the university will provide up to three weeks of paid parental leave (one hundred percent of regular salary or pay) to each father, domestic partner, and adoptive parent to be used following the birth or adoption of a child to care for and bond with the child.

(c) Paid parental leave must commence immediately following the birth or adoption of a child, except:

(i) With the approval of the appropriate personnel office, paid parental leave may be taken prior to the event when deemed medically necessary or when required to fulfill the requirements for an adoption: or

(ii) In the event both parents are employed by Miami university, the parents may elect to take their paid parental leaves concurrently or consecutively.

(2) Parental leave for the balance of the twelve weeks The balance of the twelve-week parental leave period may be taken on either a full-time or part-time basis as described below:

(a) Fulltime option - parents may take parental leave on a fulltime basis. This leave may be taken in consecutive weeks immediately following the period of paid parental leave or at a later time in a single period of consecutive weeks.

(b) Half-time leave option - parents who elect to take half-time parental leave must take the leave in consecutive weeks immediately following the initial period of paid parental leave, parents who elect to take half-time leave in effect double the duration of their remaining leave.

Note: For employees with an appointment of less than twelve months duration, non-contract periods and summer instructional contracts do not affect the parental leave period.

(B) Three-months additional parental leave option

(1) Parents may take up to three months for additional parental leave on either the full- or half-time basis. However, the three-month period is the maximum time period. It does not double to six months if the parent elects the half-time leave option. Parents who elect to take all or part of the additional leave must take the leave in consecutive weeks immediately following the parental leave described in paragraph (A)(2) of this rule.

(2) Note: For employees with an appointment of less than twelve months duration, non-contract periods and summer instructional contracts do not affect the parental leave period.

(C) General principles

(1) Half-time defined.

(a) It is presumed that classified and unclassified administrative staff members will work one-half day each day they are scheduled to work. Alternative working arrangements may be made at the direction of, or with the consent of, the supervisor, department head, and appropriate vice president. faculty who elect to work half-time following the birth or adoption of a child are required to have an approved plan of not less than fifty per cent time that includes instructional assignments and must be approved by the chair, dean, and provost.

(2) Single election.

A parent may elect half-time leave only once. A parent who is on leave on a half-time basis may elect to resume fulltime leave or to return to fulltime work before the exhaustion of the parental leave or three-months additional parental leave for the birth or adoption of a child. Any employee who elects to resume fulltime leave or to return to fulltime work is not eligible to take half-time leave again for the birth or adoption of the child for which the leave was originally taken

(3) Family medical leave.

All parental leave will run concurrently with family medical leave to the extent the parent has with family medical leave available (See rule 3339-4-07 of the Administrative Code).

(4) Twelve-month limit.

All parental leave and three-months additional leave must be used within the twelve months immediately following the birth or adoption of the child

(5) Exhaustion of paid parental leave.

Paid parental leave must be exhausted prior to the use of any other paid leave (sick leave, vacation, compensatory time). Paid parental leave does not reduce the employee's accrued time under any other university paid leave program (sick leave, vacation leave, or compensatory time).

(6) Use of sick leave.

Parents may use accrued sick leave during parental leave if medically necessary and qualified under the university s sick leave policy.

(7) Use of other paid leave.

Parents may use any other accrued paid leave (vacation time or compensatory time) during parental leave.

(8) Benefit eligible.

For the purpose of this policy a benefit-eligible employee is one who has an appointment of at least nine months duration for at least thirty-two hours per week.

Replaces: 3339-4-06

Effective: 11/14/2009
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 10/14/2005, 10/17/2007, 11/14/2009

3339-4-07 Family and medical leave.

(A) Eligibility

(1) In accordance with federal law, employees are eligible for family and medical leave after twelve months of employment and provided the employee has performed at least one thousand two hundred fifty hours of work during the previous twelve-month period. (Fulltime faculty are deemed to meet the one thousand two hundred fifty-hour requirement.) All eligible employees are entitled to a total of twelve workweeks of leave during the twelve-month period of July first through June thirtieth for one or more of the following reasons:

(a) The birth of a child and to care for the newborn (reason one);

(b) The placement of a child with the employee for adoption or foster care (reason two);

(c) To care for the employee's spouse or domestic partner, parent, child (defined as "a biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis"), or the child of the domestic partner with a serious health condition (reason three); and

(d) A serious health condition that makes the employee unable to perform the essential functions of his or her position (reason four).

Note: For information on military families leave, see paragraph (I) of this rule.

(2) Miami requires employees to substitute accrued paid sick leave (e.g., vacation, sick leave, personal leave) for family and medical leaves whenever permitted by law (i.e., 29 C.F.R. 825.207-208 ). If the employee does not have available sufficient paid leave for the entire twelve weeks, the employee may take the balance of the leave as unpaid leave. If the employee has available more than twelve weeks of paid leave, the employee may use all the paid leave that applies to the employee's situation.

A family and medical leave may run concurrently with a worker's compensation absence when the injury is one that meets the criteria for a serious health condition. As the worker's compensation absence is not unpaid leave, the provision for substitution of accrued paid leave is not applicable.

(B) Notice and approval

The employee must provide the appropriate personnel office with a minimum of thirty calendar days advance notice before the date the leave is to begin. Employees should contact the appropriate personnel office for more detailed information and to arrange family and medical leave, including parental leave. The department of human resources can assist employees and their supervisors in arranging suitable coverage of the employees' responsibilities while on leave. Employees are required to complete the forms and return them to the appropriate personnel office for approval of leave within a minimum of thirty calendar days advance notice before the date the leave is to begin. However, if the date of the birth, placement of the child, or serious health condition of the employee or family member requires leave to begin in less than thirty days, the employee must provide as much notice as is practicable. Failure to give notice may result in a delay of leave.

Employees must request the family and medical leave in writing and submit the request to the appropriate personnel office. A medical certification form will be provided. Medical certification must be received in the appropriate personnel office prior to approval of the leave.

To use leave for the care of a domestic partner or the child or parent of the domestic partner, a completed affidavit of domestic partnership must be on file with the department of human resources.

(C) Substitution of paid leave

Miami requires employees to substitute accrued paid leave (e.g., vacation, sick leave, personal leave) for family and medical leaves whenever permitted by law (i.e., 29 C.F.R. 825.207-208 ). If the employee does not have available sufficient paid leave for the entire twelve weeks, the employee may take the balance of the leave as unpaid leave. If the employee has available more than twelve weeks of paid leave, the employee may use all of the paid leave that applies to the employee's situation.

A family and medical leave may run concurrently with a worker's compensation absence when the injury is one that meets the criteria for a serious health condition. As the worker's compensation absence is not unpaid leave, the provision for substitution of accrued paid leave is not applicable.

(D) Intermittent leaves and reduced leave schedules

An intermittent leave is a leave taken in separate blocks of time due to a single illness, injury, or health condition. An example is a leave taken several days at a time spread over several months for chemotherapy.

A reduced leave schedule is a change in the employee's normal schedule for a period of time, usually from fulltime to part-time. An example is a reduction in the workday from eight hours to six hours because of a serious health condition.

Leaves taken for the following reasons shall not be taken intermittently or on a reduced-leave schedule: except as permitted by the parental leave policy leaves taken for the birth of a child or to care for the newborn (reason one) and leaves taken for the placement of a child with the employee for adoption or foster care (reason two).

Leaves taken for the following reasons may be taken intermittently or on a reduced-leave schedule: leaves taken to care for the employee's spouse or domestic partner, child or parent (reason three) and leaves taken because of a serious health condition that makes the employee unable to perform the essential functions of his or her position (reason four).

An employee who takes intermittent leave or a reduced-leave schedule may be temporarily transferred to an alternative position, for which he or she is qualified, that has equivalent pay and benefits and that better accommodates recurring periods of leave than does the employee's regular position.

Employees shall make a reasonable effort to schedule leaves so as to avoid unduly disrupting the operations of Miami university, subject to the approval of the health care provider of the employee (reason four) or of the employee's spouse or domestic partner, child or parent (reason three).

(E) Certification

Miami university requires a medical certification from the health care provider for leave taken for reasons three or four.

Serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice or medical care facility, or continuing treatment by a healthcare provider.

The certification form may be obtained from either the department of human resources or the office of academic personnel services. Miami university may, from time to time (generally not more often than every thirty days), require recertification during the period of leave. Failure to provide certification or recertification may result in a delay of leave, denial of leave and/or loss of pay for the leave period. Falsification of certification is grounds for disciplinary action up to and including dismissal.

Miami university may require, at its expense, that the employee obtain the opinion of a second healthcare provider selected by Miami university concerning any information certified. In case of conflict between the second opinion and the employee's certifying healthcare provider, Miami university may, at its expense, require the opinion of a third healthcare provider (jointly selected by the employee and Miami university). The opinion of the third healthcare provider shall be final and binding on Miami university and the employee.

Miami university may require a certification from the employee's healthcare provider that the employee is able (or unable) to return to work, when the family and medical leave was because the employee's serious health conditions made the employee unable to perform the essential functions of the employee's job.

(F) Restoration to position and continuation of benefits

Eligible employees who return from a family and medical leave may be restored to the position held by the employee when leave began or be restored to an equivalent position with equivalent pay and university-provided benefits and other terms and conditions of employment.

Miami university will maintain university-provided benefits for eligible employees on family or medical leave under the same terms and conditions coverage would be provided had the employee continued in employment for the duration of the leave. Retirement contributions will only be made for that portion of the family and medical leave that is paid leave.

(G) Failure to return from leave

Miami university may recover from the employee the cost Miami university paid for maintaining university provided benefits during the unpaid period of leave if the employee fails to return from leave unless the failure to return is due to:

(1) The continuation, recurrence, or onset of a serious health condition that would otherwise entitle the employee to leave under the family and medical leave policy: or

(2) Other circumstances beyond the control of the employee.

(H) Other employment

Employees on family or medical leave are not permitted to perform services for remuneration for other employers (including self-employment), as an independent contractor, partner, sole proprietor, principal in a corporation, or for any other individual or entity, unless approved, in writing, in advance by the appropriate vice president or the vice president's designee. For units reporting to the president, the appropriate vice president is the vice president for finance and business services and treasurer.

Instructional staff and administrative staff who have approved outside consulting/employment (see rule 3339-3-11 of the administrative Code) must obtain the approval of the appropriate vice president to continue such services during a period of leave.

(I) The family and medical leave policy, military families

In 2008. the Family and Medical Leave Act (FMLA) was amended to extend FMLA qualifying leave to the families of members of the United States armed forces under certain circumstances (military families leave). This supplement to Miami university's fmla policy explains employees' rights to such leave. Except as provided for in this policy, an employee's rights and obligations with regard to military families leave are governed by Miami university's existing fmla policy.

(1) Leave entitlement

The amendments to fmla provide for two new instances in which an FMLA eligible employee can qualify for FMLA leave:

(a) Military caregiver leave

Eligible employees who are family members of covered service members are able to take up to "twenty-six work weeks of leave in a single twelve-month period" to care for a covered service members with a serious illness or injury incurred in the line of active duty if:

(i) The employee is an eligible family member or next of kin (the nearest blood relative other than the covered spouse, domestic partner, parent, son, or daughter, who has been granted legal custody by court decree or statutory provisions and in accordance with the order of priority as set by the fmla regulations).

(ii) The covered service member is: undergoing medical treatment, recuperation, or therapy: an outpatient status: or on the temporary disability retired list, for a serious injury or illness.

(iii) This leave will not exceed twenty-six workweeks during a "single twelve month period." The calculation of the "single twelve month period" begins with the first day the eligible employee takes fmla to care for the covered service member and ends twelve months after that date. If all leave is not taken, it is forfeited.

(iv) Eligible employees may not take this type of leave to care for former members of the armed forces, national guard, and reserves, or members who are on the permanent disability retired list.

(b) Qualifying exigency leave

Eligible employees may take up to twelve weeks of leave during the university's FMLA year because of any "qualifying exigency" arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty or has been notified of an impending call to active duty status in support of a contingency operation. A qualifying exigency includes:

(i) Short notice deployment - call/order to active duty seven days prior to date of deployment.

(ii) Military and activities related to call to active duty.

(iii) Childcare and school activities - e.g. arrange for alternative childcare, enroll child in new school or day care, attend meetings with school or day care staff, and provide childcare on urgent or immediate need basis.

(iv) Make or update financial and legal arrangements.

(v) Counseling that arises out of the military service.

(vi) Rest and recuperation - limited to five days per leave to spend with military member on short-term leave.

(vii) Post-deployment activities - leave to attend post-deployment functions such as arrival ceremonies, reintegration briefings, funeral arrangements that occur within ninety days following termination of active duty status.

(viii) Additional activities - must be agreed to by the supervisor, the employee, and the appropriate personnel office (office of human resources or academic personnel services).

(2) Note: military families fmla runs concurrently with other leave entitlements as set forth in the existing fmla policy or as provided for by federal law.

Replaces: 3339-4-07

Effective: 11/14/2009
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 9/30/1999, 3/21/2005, 10/14/2005, 10/31/2006, 10/17/2007, 8/20/2008, 11/14/2009

3339-4-08 Personal leave - unclassified administrative and instructional staff.

Personal leave may be granted to free up a fulltime tenured , or tenure-track, senior lecturer, senior clinical/professionally licensed faculty member or full-time unclassified administrative staff member to make a public service contribution to accept a fellowship, research, or visiting appointment at another institution; to pursue a program of formal study; or for personal or health reasons. Personal leave may only be taken on a fulltime basis.

(A) The duration of such a leave may be for any period up to a year, with renewal possible for a second year. Application should be made as far in advance as possible.

(B) For instructional staff, the personal leave period will count as Miami university service for promotion and tenure purposes, unless an alternative arrangement is approved, in writing, at the time the leave is granted.

(C) Personal leave is leave without salary. Except under special circumstances, it is leave without any university-provided benefits except any applicable fee waiver benefit, which continues during the leave.

(D) Contributions to the state retirement systems are made only as allowed by law. The university will not make contributions to the alternative retirement plan during a personal leave.

(E) Individuals granted personal leave may continue uninterrupted health care insurance by arranging to make full premium payments through the university's department of human resources. Only the president or president's designee may authorize the continuance of health care insurance at university expense.

(F) For most favorable consideration, the leave of application for instructional staff should be received in the academic personnel services office by December first of the academic year preceding the leave period.

Effective: 11/5/2015
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 9/30/2001, 3/21/2005, 10/14/2005, 8/20/2008, 10/14/2011, 9/12/2013

3339-4-09 Other leaves of absence.

(A) Military leave

Miami university provides military leave and benefits in accordance with state and federal laws, including the uniformed services employment and reemployment rights act. For information regarding leave and benefits contact the benefits services office.

(B) Reserve duty

Employees will be granted leaves of absence with pay for up to twenty-two days upon request when they are required to participate in training duty as members of an armed forces reserve organization, national guard or are called out on an emergency basis for such service.

(C) Court attendance

(1) Jury duty

Miami university encourages its employees to fulfill their civic duty by responding to a call to jury duty. Employees serving jury duty are entitled to leave with pay. The employee must submit a request for leave to his or her supervisor and the appropriate personnel office for approval. A copy of the summons for jury duty must be attached to the request.

The employee will not be asked to pay to the university any amount of compensation received by the employee from the court. The employee is required, however, to return to work any day he or she is excused by the court for a period greater than four hours.

Faculty are expected to make suitable arrangements for coverage of classes with their department chair. Employees whose work shifts do not coincide with jury service hours may be also relieved of employment duties during jury service. Arrangements for coverage should be made through the appropriate personnel office in consultation with the employee's department.

(2) Witness testimony

Employees subpoenaed to testify as a non-expert witness in a court action to which they are not a party will be granted paid leave to testify.

Replaces: 3339-4-09

Effective: 10/31/2006
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 9/30/2001, 3/21/2005, 10/14/2005, 10/31/2006

3339-4-11 Disability benefits.

The university provides several kinds of leaves of absence to employees who are unable to work due to disability, illness, or medical condition. These include sick leave (rule 3339-4-05 of the Administrative Code), family and medical leave (rule 3339-4-07 of the Administrative Code), and personal leave (rule 3339-04-08 of the Administrative Code).

Members of the instructional and unclassified administrative staff may be entitled to disability benefits if they are unable to work due to disability. These benefits include:

(A) University-provided long-term-disability insurance; and

(B) State teachers retirement system or the Ohio public employees retirement system disability retirement benefits (note that the alternative retirement plan does not provide disability benefits); and

(C) Workers' compensation for a covered injury or occupational disease.

All disability benefits are subject to the qualifications and terms of the relevant plan.

Replaces: 3339-4-11

Effective: 3/21/2005
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 9/30/2001, 3/21/2005

3339-4-12 Reinstatement from disability retirement/leave.

An employee is deemed to have retired from employment upon receipt of disability benefits and has the following rights to reinstatement:

(A) An employee who receives disability retirement benefits from state teachers retirement service or Ohio public employees retirement system is eligible for reinstatement as provided by law.

(B) An employee who receives temporary total disability benefits from workers' compensation is eligible for reinstatement as provided by law.

(C) A tenured member of the instructional staff or fulltime member of the unclassified administrative staff with at least five years of service at Miami university who receives long-term disability benefits (but not state teachers retirement services or Ohio public employees retirement system, or temporary total disability) is eligible for reinstatement at any time within three hundred and sixty-five days of the last date of service of last date of approved university-provided leave of absence, whichever is later. Upon receipt of a written request for reinstatement, the employee will be reinstated at the previous salary to the previous position or another appropriate position.

Employees reinstated in this manner must be reemployed and work at least one fulltime contract period before again becoming entitled to reinstatement rights under this policy. For faculty members, this means two consecutive semesters of fulltime service, not including summer. For administrative staff, this means one full contract (twelve-, eleven-, ten-, nine-months as appropriate) of fulltime employment.

(D) The university may require evidence of fitness for duty to ensure that the employee can safely return to work.

Replaces: 3339-4-12

Effective: 11/14/2009
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 9/30/2001, 3/21/2005, 10/15/2005, 11/14/2009

3339-4-13 Furlough policy.

(A) General

In the 2009-2011 biennial budget for the state of Ohio, the 128th General Assembly provided: ""the board of trustees of any state institution of higher education, notwithstanding any rule of the institution to the contrary, may adopt a policy providing for mandatory furloughs of employees, including faculty, to achieve spending reductions necessitated by institutional budget deficits." (Section 371.70.20 of Amended Substitute House Bill Number 1 of the 128th General Assembly)

The university's long-term financial stability depends on the ability to balance the operating budget each fiscal year. A "significant operating budget deficit" is defined as a documented substantial decline in the financial resources of the institution that is brought about by a reduction in state funding, loss of revenue from endowments or investments, decline in institutional enrollment, or by other action or events that compel a reduction in the operating budget. The fiscal priorities and budget planning committee (a standing committee of university senate), the chair of the classified personnel advisory committee, the chair of the unclassified personnel advisory committee, and chair of senate executive committee shall be consulted before a determination is made that a significant operating budget deficit exists and that a furlough is required. Consultation shall be understood to be a substantive opportunity to provide feedback before a determination is made. The fiscal priorities committee shall report its determination to university senate. University senate shall be afforded an opportunity to respond within the timeframe set by the president. The timeframe set by the president shall not be less than fourteen days from the date the issue was first presented to the fiscal priorities committee.

(B) Implementation

If, after consultation, the president reasonably believes the university is facing a significant operating budget deficit, a furlough may be implemented. This policy supersedes all other university policies and applies to all employees regardless of source of funds, place of work or appointment terms or status, including faculty, unclassified administrative staff, and non-bargaining unit classified staff (classified staff represented by the American federation of state, county, and municipal employees (afscme) bargaining unit will follow article 20 of the Collective Bargaining Agreement which provides for furloughs up to one hundred twenty days). A furlough may be implemented upon thirty days advance written notice to affected employees.

Employees may not be furloughed for more than twenty working days in any fiscal year. Furloughed employees may be required to take up to five consecutive working days or forty consecutive working hours off without pay. The president or the president's designee(s) will engage in timely and substantive consultation with the senate executive committee, university senate, and the leadership of the classified personnel advisory committee and the unclassified personnel advisory committee in planning for the implementation of a furlough. Consultation may, by necessity, require intense and limited periods of time for planning.

(C) Scheduling

Scheduling of furlough days or portions of days shall be the responsibilities of the president or the president's designee(s), but in no event will the university close completely. Furloughs may be implemented on a differential, intermittent, or staggered basis based on pay/salary level, employee classification or nature of appointment. For example, furloughs may take into account the essential operating and safety needs of the university, the availability of designated federal funding, or income generated by the division, department, unit, or program. Days that the university is normally closed or days that may not normally be work days for certain groups of employees (i.e., spring break and the week between December twenty-fifth of each year and January first of each year) may be designated as furlough days.

Note: classified staff represented by the afscme bargaining unit will follow Article 20 of the Collective Bargaining Agreement which provides for furloughs up to one hundred twenty days.

(D) Employee benefits and contributions while on furlough

Employees may not use accrued paid leave during periods of furlough. The university may allocate employees' reduction in pay over the balance of the fiscal year for payroll purposes regardless of the pay period within which the furlough occurs.

(1) Healthcare, dental care and life insurance benefits will not be affected by a furlough.

(2) Employees' continuous Miami service, review date, and employment status will not be affected by any period of mandatory furlough.

(3) Employees will continue to accrue vacation and sick leave during a furlough.

(4) Retirement contributions by both employees and the university will be affected by furloughs as contributions are based on actual earnings.

Employees remain responsible for making all employee contributions (i.e., healthcare, dental care, flexible spending accounts, and 403(b) contributions) and all miscellaneous authorized deductions (i.e., credit union, charitable contributions, university payments).

Replaces: 3339-4-13

Effective: 9/17/2010
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 9/17/2010