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

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

• Effective: December 17, 2018
• Promulgated Under: 111.15

(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 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.

• Effective: December 6, 2018
• Promulgated Under: 111.15

(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 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.

Supplemental Information

Authorized By: 111.15
Amplifies: 3339.1

Rule 3339-4-03 | Holidays ¿ unclassified administrative staff.

• Effective: October 1, 2022
• Promulgated Under: 111.15

Fulltime administrative staff are entitled to the following paid holidays: New Year's day, Martin Luther King day, Presidents' day, Memorial day, Juneteenth, 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.

Last updated October 3, 2022 at 8:53 AM

Supplemental Information

Authorized By: 3339.1
Amplifies: 3339.1
Prior Effective Dates: 9/13/2012

Rule 3339-4-06 | Parental leave.

• Effective: November 3, 2023
• Promulgated Under: 111.15

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 parent; and a period of time for parents (birth, non-birth and parents) to care for and bond with the newborn or newly-adopted child.

(1) Paid parental leave

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

(b) Non-birth and adoptive parentsthe university will provide up to six weeks of paid parental leave (one hundred per cent of regular salary or pay) to each non-birth, 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- or part-time basis as follows:

(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.

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 eave 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.

Last updated November 3, 2023 at 7:47 AM

Supplemental Information

Authorized By: 3339.15
Amplifies: 3339.15
Prior Effective Dates: 10/14/2005

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

• Effective: November 5, 2015
• Promulgated Under: 111.15

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, 10/14/2011

Rule 3339-4-11 | Disability benefits.

• Effective: March 21, 2005
• Promulgated Under: 111.15

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.

Supplemental Information

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