Chapter 3354:1-41 Policies for Eligible Employees
(A) Administrator, professional and support staff.
The standard workweek for administrator, professional and support staff employee classifications consists of thirty-seven and one-half hours. The workweek starts at 12:00 a.m. on Monday and ends at midnight on Sunday. The standard workday for administrator, professional and support staff employee classifications consists of seven and one-half hours, which includes provision for two fifteen minute rest breaks at midpoints in the first and second halves of the workday. At mid range within the workday, a one hour meal break is provided, but is not a part of the seven and one-half hour workday.
(B) Public safety supervisors and building, grounds and service supervisors.
For public safety supervisors and building, grounds and service supervisors, the standard workday consists of eight hours, which includes the provision for two fifteen minute rest breaks at mid-points in the first and second halves of the workday. At mid range within the workday, a one-half hour meal break is provided, but is not a part of the eight hour workday. For public safety supervisors and building, grounds and service supervisors, the standard workweek consists of forty hours. The workweek is a one hundred sixty-eight hour period commencing from the start of the employee's first regular shift in the workweek.
(1) Salaried and hourly non-exempt employees.
(a) Under the provisions of the Fair Labor Standards Act, salaried and hourly non-exempt employees must be paid for all hours worked in excess of forty hours in a workweek. Hours worked in excess of forty hours includes hours worked from home as well as hours worked before and after the standard workday described in (A) and (B) of this paragraphs rule. Salaried and hourly non-exempt employees must request and receive approval from their supervisor prior to working in excess of forty hours in a workweek.
(b) A supervisor should authorize overtime only in the event of unusual circumstances. Each supervisor should carefully review the work to be done to determine whether it could be incorporated into the regular departmental workload, be performed by temporary employees or completed with the assistance of personnel from other departments. The supervisor, after authorizing overtime, should review the circumstances to determine the reasons and try to eliminate those circumstances which would require overtime in the future.
(c) Supervisors must review and may, but are not obligated to, approve any deviations from the standard workday and must take the responsibility to ensure that time submitted by employees is an accurate record of time actually worked. Moving hours worked from one workday to another and the use of compensatory time off is prohibited. Hours must be paid as they are actually worked.
(d) When it is necessary for an employee to work overtime, the supervisor should be available to answer questions and to make decisions as necessary.
(e) Supervisors should check employees' time reports regularly to be sure that the standard workweek is maintained.
(f) For salaried and hourly non-exempt employees, overtime shall be paid at a rate of time and one-half the regular rate. The time and one-half rate shall begin for hours worked over forty hours in one workweek.
(g) Employees of the college who are classified as non-exempt must be treated as non-exempt for all work performed for the college.
(h) Full-time, non-exempt employees will generally be paid only on the basis of the bi-weekly time report.
(i) If it becomes appropriate and necessary to utilize a full-time, non-exempt employee for duties outside of that employee's regular job description, such work must be performed on an hourly basis and if total hours worked exceed regular time hours (as defined under the Fair Labor Standards Act), such hours must be compensated at the appropriate premium time rates based on the employee's rate of pay earned on the regular full time position.
(ii) As an example, if a full-time, non-exempt employee of the college is assigned additional duties as a part-time lecturer or as a substitute, the college is required to treat the additional work effort on an hourly basis, to maintain required non-exempt payroll records, and to pay overtime for all hours worked in excess of forty hours in one week.
(i) Sick leave, vacation, and personal leave time used are not included in determining the numbers of hours actually worked in any given workday or workweek. All paid holiday hours shall be counted as hours worked for the purpose of computing overtime.
(j) Hours shall be recorded to the nearest one-tenth hour.
(2) Exempt employees are not eligible for overtime payments.
(D) Only the president or the executive vice president of administration and finance may permit any deviations from the above provisions.
(E) The president or the president's designee is hereby directed to take all steps necessary and appropriate for the effective implementation of this procedure.
(A) The college shall offer one or more tax-sheltered annuity plans and one or more deferred compensation programs to all eligible employees.
(B) The college shall establish and manage its tax-sheltered annuity plans and deferred compensation programs in accordance with applicable law, which includes without limitation Sections 403(b) and 457(b) of the Internal Revenue Code.
(C) In addition to satisfying other requirements of the college, 403(b) vendors must:
(1) Execute the college's qualified service vendor agreement and also the college's information sharing agreement. The latter must include a hold harmless and indemnification agreement which protects the college from liability.
(2) Agree to the 403(b) retirement plan vendor rules.
(3) Be selected by a number of employees equal to at least one per cent of the college's full-time employees.
(D) In addition to satisfying other requirements of the college, 457(b) providers must:
(1) Execute the college's service agreement. The service agreement must include a hold harmless and indemnification provision which protects the college from liability.
(2) Be selected by a number of employees equal to at least one per cent of the college's full-time employees.
(E) The president or the president's designee shall take all steps necessary and appropriate for the effective implementation of this procedure.
Replaces: part of 3354:1-41-02
(A) Full-time employees accrue vacation on a monthly basis according to the schedules listed in this policy, beginning with their date of full-time hire.
Employees "length of service" shall include: employment periods where an employee's employment with the college was terminated for a time period of less than one calendar year and the employee is subsequently reemployed by the college within one year.
(1) Full-time, non-exempt, non-bargaining employees:
Length of service as of June 30
Monthly accrual rate
One month to 5 years
8 years to 14 years
15 years or more
(2) Full-time, exempt, non-bargaining employees:
Length of service as of June 30
Monthly accrual rate
One month to 5 years
8 years or more
(3) Full-time, non-bargaining, administrators and professional employees:
(a) Twenty days of vacation are granted on the first day of the fiscal year. It is then earned (after the grant) at the rate of 1.67 days per month of service. If such an employee is hired during the fiscal year, the initial vacation grant will be prorated according to the number of months worked.
(b) If an employee leaves the employment of the college prior to the completion of the fiscal year, vacation taken in excess of vacation accrued will be deducted from the final paycheck.
(B) An individual must be employed on the fifteenth of the month in order to receive prorated vacation time for that month.
(C) Vacation leave requires approval of the employee's supervisor.
(D) Full-time employees may carry forward a maximum of forty-five unused vacation days into the new fiscal year. Employees at the maximum forty-five day limit at fiscal year end will continue to accrue vacation at the normal rate throughout the next fiscal year.
(E) Any vacation balance up to forty-five days will be paid out at the time the employee leaves the full-time employ of the college, or permanently transfers to a faculty position. Effective July 1, 2015, any vacation balance up to thirty days will be paid out at the time the employee leaves the full-time employ of the college, or permanently transfers to a faculty position.
(F) Vacation may not be used during the last two weeks of employment in lieu of or in part of notification.
(G) The president or the president's designee shall take all steps necessary and appropriate for the effective implementation of this procedure.
(A) The following days are observed by the college as holidays:
(1) New Year's day
(2) Martin Luther King day
(3) Memorial day
(4) Independence day
(5) Labor day
(6) Veteran's day
(7) Thanksgiving day
(8) The day after Thanksgiving
(9) Christmas eve
(10) Christmas day
(11) New Year's eve
(B) If a holiday should fall on a Saturday, the Friday immediately preceding shall be observed as the holiday. If a holiday should fall on Sunday, the Monday immediately succeeding shall be observed as the holiday, except that whenever Christmas day and New Year's day fall on a Saturday or Sunday, the college will determine (no later than March thirty-first) when said holidays will be observed.
(C) Full time employees will receive their regular compensation on any day observed by the college as a holiday.
(D) The president or the president's designee is hereby directed to take all steps necessary and appropriate for the effective implementation of this policy.
Replaces: part of 3354:1-41-02
The college will pay instructional fees for college courses in accordance with this procedure. Except as explicitly set forth in this procedure, remission of fees benefits do not accumulate from term-to-term and they expire unless used during the term available
(B) Non-instructional fees - credit courses
The college's general fee and any supplemental, incidental, technical, and other non-instructional fees shall be paid by the employee or dependent.
(C) Non-credit courses
(1) Non-credit courses shall be covered in accordance with the procedure referenced in this rule. Coverage cannot exceed the employee's and/or dependent's per-term, non-credit limit as defined in this procedure.
(a) Professional development courses with CEUs, fire academy, police academy and private security training will be covered at one hundred per cent.
(b) Group lessons and summer camps will be covered at a maximum of fifty per cent.
(c) Private lessons will not be covered.
(D) Full-time employees and their dependents.
(1) The instructional fees for full-time employees who take credit, audit, and/or applicable non-credit courses will be reduced by an amount not to exceed the in-county instructional fee rate for eight hours of credit courses.
(2) The instructional fees for dependents of full-time employees who take credit, audit, and/or applicable non-credit courses will be reduced by an amount not to exceed the in-county instructional fee rate for seventeen hours of credit courses.
(3) For dependents of employees who are employed full-time at the time of the employee's death, the foregoing benefits shall extend for three academic years or until the dependent child becomes twenty-three years old, whichever comes first.
(E) Adjunct faculty and their dependents.
The following employees are eligible for remission of instructional fees in an amount not to exceed the in-county instructional fee rate for three hours of credit courses:
(a) employees who teach at least one instructional credit assignment for an academic semester,
(b) employees who fulfill the nonteaching equivalent of one equated semester unit per semester,
(c) and adjunct faculty with non-instructional assignments, including counselors and librarians, who worked at least twenty hours per week. This eligibility applies to credit, audit, and/or applicable non-credit courses but does not accumulate; it expires unless used during the academic term immediately following the instructional assignment. (In the case of a spring semester assignment, the benefit may be utilized during summer session or fall semester.) Dependents of such employees are eligible for the same benefits.
(F) Non-instructional proffers.
The instructional fees for proffered employees with non-instructional assignments working twenty or more hours per week who take credit, audit, and/or applicable non-credit courses will be reduced by an amount not to exceed the in-county instructional fee rate for three hours of credit courses. This benefit does not accumulate; it expires unless used during the academic term immediately following the term worked. (In the case of a spring semester assignment, the benefit may be utilized during summer session or fall semester.) Dependents of proffered employees with non-instructional assignments are not eligible for the remission of fees benefit.
(G) Part-time non-bargaining support staff and their dependents.
(1) Part-time non-bargaining support staff employees are eligible for the following benefits:
(a) Employees with one to five years of service are eligible for one credit course per semester.
(b) Employees with more than five years of service are eligible for eight credit hours per semester.
(2) Dependents of part-time non-bargaining support staff with one or more years of service are eligible for one credit course per semester.
(1) For the purposes of this procedure, a "dependent" is (a) a legal spouse, (b) a domestic partner, or (c) an unmarried dependent child whose principal residence is with the employee (unless the vice president of human resources of the VP"s designee approves another place of residence).
(2) For the purposes of this procedure, a "child" is an employee's (a) biological child; (b) stepchild; (c) legally-adopted child; (d) child placed and approved for adoption; (e) child for whom the employee, or employee's spouse or domestic partner is the legal guardian or custodian; (f) child who, by court order, must be provided health care coverage by the employee, or employee's spouse or domestic partner and whose age is under twenty-three; and (g) spouse's or domestic partner's unmarried biological or legally adopted child whose age is under twenty-three and whose principal residence is with the employee (unless the vice president of human resources or the VP's designee approves another place of residence).
(3) For the purposes of this procedure, a "domestic partner" is a person who is in an exclusive, committed relationship with an employee, if:
(a) the relationship is intended to be permanent
(b) both parties are at least eighteen years of age,
(c) neither party is legally married to another person,
(d) the parties are not be related by blood to a degree of closeness that would prohibit marriage,
(e) the parties share a mutual obligation of support and responsibility for each other's common welfare and
(f) the parties have continuously shared a principal residence for at least the previous six months, and intend to do so permanently.
(I) Courses taken during work hours.
Employees are expected to attend courses during their non-working hours. However, the college recognizes the desirability of planned individual development which may necessitate attending a course that meets during the employee's established working hours. When this necessity occurs the employee may register for one course which meets during the employee's working hours each semester, if all of the following criteria are met:
(1) The course is not offered during non-working hours.
(2) The course is a requirement of a degree program in which the employee is officially enrolled or, in the opinion of the immediate supervisor, the course directly contributes to the employee's skills in their work assignments.
(3) The employee makes arrangements satisfactory to his/her supervisor to make-up the time lost attending class before or after regular work hours. Make-up time may not include rest breaks or more than a half hour of the employees lunch period.
(4) The employee has the approval of the immediate supervisor and the office of human resources.
(J) To the extent that the cost of a course(s) exceeds the remission of fee limit, the employee is responsible for the remaining balance due. Individual college departmental budget funds, if available, may only be used to cover a remaining balance if all the following conditions are met:
(1) The course(s) are for professional development and in the opinion of the immediate supervisor, the course(s) directly contributes to the employee's skills in their work assignments.
(2) Prior to registration and the start of the class, the employee receives written approval by their immediate supervisor and budget unit leader to utilize college funds.
(3) The immediate supervisor and budget unit leader has sole authority to approve or disapprove the request.
(4) Should the department approve the request, the employee is responsible for paying the remaining balance upfront and submitting a request for reimbursement after payment has been made.
(K) The president or the president's designee shall take all steps necessary and appropriate for the effective implementation of this procedure.
(A) Four personal leave days will be granted to eligible full-time employees and will be available for use on July first of each year. Personal leave is earned at the rate of one-third day per month. Personal leave shall be utilized only for such matters as religious holidays; death of a family member or anyone who resides at the same address; or for important personal needs or emergencies. Employees must notify and obtain approval from their supervisor in order to use personal leave. Personal leave may not be accumulated and carried over into subsequent fiscal years.
(B) If an employee leaves the employment of the college prior to the completion of the fiscal year, personal leave taken in excess of personal leave accrued will be deducted from the employee's final paycheck.
(C) An additional three leave days will be dedicated to college winter closing, the days the college is closed between Christmas and New Years day.
(D) Eligible non-bargaining full-time employees will be granted fifteen sick leave days per year.
(E) The president or the president's designee shall take all steps necessary and appropriate for the effective implementation of this procedure.
Replaces: part of 3354:1-41-02
Family and medical leave
The Family and Medical Leave Act of 1993 as amended is designed to help employees balance their work and family responsibilities by allowing them to take a leave of absence from work for family and medically related reasons. In order to comply with FMLA law, the college will administer FMLA leaves of absence in accordance with this procedure.
Employees are eligible for FMLA leave after completing twelve months of employment with the college provided they have worked at least twelve hundred fifty hours over the previous twelve months.
(B) Reasons for fmla and leave eligibility
All qualified employees are eligible for a total of twelve workweeks of leave (using a rolling twelve month method for calculation) in a twelve month period for one or more of the following reasons:
(1) The birth of a child and to care for the newborn within one year of birth.
(2) The placement of a child with the employee for adoption or foster care within one year of placement.
(3) 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 a domestic partner) with a serious health condition.
(4) A serious health condition that makes the employee unable to perform the essential functions of his or her position.
(C) Notice and approval
Employees generally must request leave thirty days in advance when the need for leave is foreseeable. If unforeseeable, the employee must provide notice as soon as possible and practical under the circumstances. If the employee will be absent from work for more than five consecutive days due to a FMLA qualifying reason, the employee must contact the college's third party FMLA administrator (UNUM at phone number (866) 779-1054).
The employee is required to have a medical certification form completed and returned to the third party FMLA administrator for approval of the leave. Failure to provide an initial certification or recertification may result in delay or denial of the leave. The college may require second and third medical opinions at its expense.
(D) Use of paid leave
The college requires employees on FMLA leave to concurrently exhaust accrued paid leave, if applicable, in the following order:
(1) sick leave
(2) vacation leave and
(3) personal leave (optional).
For full-time employees on a continuous paid FMLA leave, the benefits office will submit bi-weekly time sheets to the payroll office. Employees on an intermittent FMLA leave are required to complete their own timesheet.
(E) Workers' compensation
A FMLA leave of absence will run concurrently with a workers' compensation absence when the injury meets the criteria for a serious health condition and the employee meets FMLA eligibility as defined .
(F) Intermittent leaves
An intermittent leave is a leave taken in separate blocks of time due to a single illness, injury, or health condition. FMLA may be taken on an intermittent basis whenever medically necessary to care for a seriously ill family member or because the employee is seriously ill and unable to work. Intermittent time must be reported to the college's third party FMLA administrator within seven calendar days of taking the time off work. For planned medical treatments, the employee must try to schedule treatments so as not to unduly disrupt the college's operation.
Intermittent leaves requested for a birth of a child or placement of the child with the employee for adoption or foster care must receive prior approval from the college.
(G) Continuation of benefits
The college shall maintain group health coverage for an employee on FMLA leave whenever such insurance was provided before the leave was taken and at the same terms as if the employee had continued to work. Arrangements by the benefits office will be made for employees to pay their share of health insurance premiums while on an unpaid leave.
The college may recover from the employee the cost of maintaining college benefits during their unpaid leave if the employee fails to return from leave.
(H) Return to work
Employees returning to work from a FMLA leave of absence due to a serious health condition must send a return to work form completed and signed by a licensed physician to the benefits office two days prior to their return to work. If released with restrictions, the employee's supervisor along with human resources will make a determination as to whether the department can accommodate restrictions. Within one work day of receiving the return to work form with restrictions, the benefits office will notify the employee whether approval is granted and if so, what conditions apply.
(I) Restoration to position
Upon return from a FMLA leave, an employee will be restored to the employee's original job, or to an equivalent job with equivalent pay, benefits and other terms of employment.
An employee's use of FMLA cannot result in loss of any employment benefit that the employee earned or was entitled to before using FMLA leave. Under specified and limited circumstances, the college may refuse to reinstate certain highly paid "key" employees provided that it follows applicable requirements in doing so.
(J) Military family and medical leave
The Family and Medical Leave Act was amended to extend FMLA qualifying leaves to military families. Appropriate armed forces documentation will be required to support the need for military leave.
The reasons and duration for military family leave are:
(1) An eligible employee may take twelve workweeks unpaid leave in a twelve month period for a qualifying exigency (emergency) arising out of the fact that the employee's spouse, son, daughter, parent or domestic partner is a military member on covered active duty or has been notified of an impending call to covered active duty in support of a contingency operation.
(2) An eligible employee may take twenty six workweeks of unpaid leave in a twelve month period to care for a spouse, son, daughter, parent, domestic partner or next of kin of a covered service member with a serious injury or illness.
(K) Key terms
"Serious health condition," "key employee," and "health care provider" shall have definitions given to them in the Family and Medical Leave Act.
Other discretionary non-fmla leaves of absence
(1) Medical non-fmla
Employees requesting a discretionary medical non-FMLA leave of absence must notify the college's third party FMLA administrator for leaves at least thirty days in advance if the leave is foreseeable. If unforeseeable, the employee must provide notice as soon as possible or practical. The employee will need to provide a medical certification form indicating the employee has a serious health condition.
Employees returning to work from a discretionary leave of absence due to serious health condition must send a completed return to work form to the benefits office two days prior to their return to work. If released with restrictions, the employee's supervisor along with human resources will make a determination as to whether the department can accommodate restrictions. Within one work day of receiving the return to work form with restrictions, the benefits office will notify the employee whether approval is granted and if so, what conditions apply.
(2) Non-medical non-fmla
Employees requesting a non-medical non-FMLA leave must notify their Supervisor and the benefits office in writing of an extended leave of absence at least thirty days before the leave begins when possible or practical.
The college will treat each request individually, and in doing so will consider the needs and wishes of the employee while respecting the best interests of the college. The college reserves the sole discretion to determine whether or not to grant a discretionary leave of absence request and to determine the terms of the leave.
(1) Failure to meet timing requirements may negatively affect continuation of wages, benefits and employment status.
(2) The approval of the employee's supervisor and the benefits office is required before a discretionary leave of absence may be granted. The vice president of human resources will have final approval.
(3) The employee will be notified of the final determination of their discretionary leave of absence request. If the leave of absence is approved, the employee is required to use any accrued vacation leave and accrued sick leave (if applicable) before being placed on an unpaid leave. Timesheets, if applicable, will be submitted by the benefits office while they are on a discretionary leave of absence.
(4) Any deductions will continue to be deducted from the employee's bi-weekly pay. If the employee is on unpaid non-medical discretionary leave of absence, COBRA will be offered.
(5) Subject to the terms of any letter from the college approving the leave, the employee will be offered his or her original job at the end of the leave of absence. If that job is no longer available, the employee may be offered another job for which the employee is qualified as soon as one is available but in no case later than one year from the last day worked.
(6) The college reserves the right to cancel such leave of absence if the employee is not using the leave of absence for the approved purpose.
(7) For the purposes of this procedure a discretionary leave of absence is any non-vacation absence of more than five consecutive days or a period of frequent intermittent absences that does not qualify for FMLA.
A military leave of absence may be granted to employees who are absent from work because of service to our country under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
Employees must give notice of impending military service hours unless military necessity prevents such notice or it is otherwise impossible or unreasonable. To request a military leave of absence, the employee must provide a copy of their military orders to the benefits office in order for the leave of absence to be approved.
The president or the president's designee shall take all steps necessary and appropriate for the effective implementation of this procedure.
Prior effective dates:
(A) Full-time administrators and professional staff are eligible to take outside consulting leave for a maximum of six days per fiscal year. (Outside consulting time does not accumulate from year-to-year.) Professional consulting is any service to an individual, outside organization or agency for which the consultant is financially compensated.
(1) Consulting leave will not interrupt the individual staff member's normal remuneration from the college. Except for normal remuneration and benefits, the college will assume no obligation for consulting leave activities. Employees taking consulting leave are not in any way endorsed by or acting on behalf of the college, and must not make any such representation.
(2) Consulting leave requires prior approval of the individual's supervisor. Decisions regarding consulting leave shall be made in the best interest of the college.
(B) Full-time professional staff may participate in limited formal assignments external to the college, on an occasional basis, as determined by the college and as part of their regular duties. External assignments shall include, but not be limited to, direct one-for-one exchange of College professional staff with other organizations, the receiving of individuals from other organizations without related exchange of college staff, and the assignment of college professional staff to other organizations without related exchange of persons from those organizations.
(1) Participants in the external assignments shall remain on the college's payroll as full-time employees for the duration of their external assignment and shall be eligible for all benefits provided for full-time college employees.
(2) Faculty participation in the external assignments shall be included in the faculty staff member's service credit required for the granting of rank and tenure and the establishment of professional improvement leave eligibility, and shall not be considered a break in seniority.
(3) The appropriate executive vice president will notify the office of human resources that an employee of their department will participate in an external assignment.
(C) The president or the president's designee shall take all steps necessary and appropriate for the effective implementation of this procedure.
Replaces: part of 3354:1-41-02