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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 3339-4 | Leave of Absence for Unclassified Administrative Staff

Rule 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 universitys 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 supervisors 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 unless the employee actually works in excess of forty hours per workweek.

(E) Volunteer work

An overtime-eligible employee cannot "volunteer" to do extra work in the department in order to get the work accomplished.

(F) Supplemental work

An overtime-eligible employee with a full-time appointment may not have an additional appointment.

Supplemental Information

Authorized By: 3339.1
Amplifies: 3339-4-01
Prior Effective Dates: 11/3/2016
Rule 3339-4-02 | Vacation- unclassified administrative staff.

(A) General

Any member of the administrative staff who expects to be absent is expected to obtain advance permission from the department chair or other supervisor and assist in making arrangements for proper coverage of duties.

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 members 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.

Supplemental Information

Authorized By: 111.15
Amplifies: 3339.1
Rule 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.

Supplemental Information

Authorized By: 3339.01
Amplifies: 3339.01
Prior Effective Dates: 9/30/2001