(A) Purpose
The university is committed to providing
administrators and administrative technical support staff (ATSS) with
appropriate avenues employees to take time away from work assignments and for
the university to remain fully compliant with applicable regulatory provisions
for various forms of leaves that are essential to the health and wellbeing of
university employees. This rule identifies the holidays that are observed by
the university, provides for the accrual and use of vacation, and defines the
various forms of leaves of absences (LOAs) that are available or that the
administration may impose.
(B) Holidays
(1) The following are designated
university holidays:
| Holiday | Date |
| NewYear's day | Januaryfirst |
| Martin Luther Kingday | Third Monday inJanuary |
| President'sday* | Third Monday inFebruary |
| Memorialday | Last Monday inMay |
| Juneteenth | June19 |
| Independenceday | Julyfourth |
| Laborday | First Monday inSeptember |
| Columbusday* | Second Monday inOctober |
| Veteran'sday | Novembereleventh |
| Thanksgivingday | Fourth Thursday inNovember |
| Christmasday | Decembertwenty-fifth |
(2) The university will develop a
schedule each year that will allow for designated holidays to be observed. The
two holidays marked with an asterisk (*) on the list will be observed on the
Friday after Thanksgiving and on the day before Christmas day.
(3) If any of the holidays as provided
herein falls on Saturday, the Friday immediately preceding shall be observed as
the holiday. If any of the holidays as provided herein falls on Sunday, the
Monday immediately succeeding shall be observed as the holiday.
(4) The university reserves the right to
require work on observed holidays at its discretion. Non-exempt salaried
employees working on an observed holiday shall be paid for the holiday and for
the actual time worked at one and one-half times their base salary per hour
rate of pay.
(C) Winter and summer break
(1) The
university will be closed for winter break each year from December twenty-six
through December thirty-one. In the event that the observance of Christmas eve,
Christmas day, or New Year's day occurs during the December twenty-six
through December thirty-one period, an additional vacation day shall not be
provided to employees.
(2) University offices will be closed for summer break each year
during the week the Independence day holiday is observed.
(3) The
university may close additional days around the Christmas, New Year's day
and/or Independence day holidays as determined by the president, who shall
report any such changes to and receive approval from the chair of the board of
trustees
(D) Vacation leave
(1) The university regards a vacation as
a period of rest and relaxation earned for past service. Since the annual
vacation is important to the wellbeing of employees and their families,
employees are encouraged to utilize all earned vacation.
(2) For accrual purposes, the vacation
year shall be based on an employee's anniversary date.
(3) Employees accrue vacation leave based
upon the schedule reflected in the table in this paragraph. Part time (benefit
eligible) employees who work twelve months will receive pro-rated vacation.
Benefit eligible full time employees employed for less than twelve months will
receive vacation at one half of the applicable accrual rate.
| Years ofCompleted Service | #Days | Hours of Vacation | Accrual Rate | Maximum Balance |
| Years 0-2 | 17 | 136 | 5.23 | 272.00 |
| Years 3-5 | 18 | 144 | 5.54 | 288.00 |
| Years 6-8 | 19 | 152 | 5.85 | 304.00 |
| Years 9-11 | 20 | 160 | 6.15 | 320.00 |
| Years 12-14 | 21 | 168 | 6.46 | 336.00 |
| Years 15+ | 22 | 176 | 6.77 | 352.00 |
(4) An employee may accumulate a maximum
of two times the accrued hours of vacation earned in one year. This amount may
be carried over from year to year. With approval of the division senior
executive, an additional amount may be carried over when vacation cannot be
taken due to operational needs outside the employee's control. Division
senior executive shall mean the provost/vice president for academic and student
affairs; chief financial officer; chief operating officer; chief enrollment
officer; chief advancement officer; chief of staff; and the president for
employees who report directly to the president.
(5) A newly hired employee's
vacation accrual rate may include prior public service with the state of Ohio
or any of its political subdivisions or regional councils of government, with
the following conditions:
(a) The employee must inform and provide written documentation to
the department of human resources within ninety days of employment that s/he
has service with the state of Ohio or any of its political subdivisions or
regional councils of government. In such case, the employee's accrual will
be adjusted to the appropriate rate from the date of employment with the
university.
(b) Notification by the employee to the department of human
resources received after ninety days of employment with the university will be
applied to the employee's accrual rate beginning the next full pay period
in which the request and required documentation are received by human
resources.
(c) The employee's adjusted accrual balance (whether
retroactive to the employment date or a later date) will be reflected on the
pay records beginning with the next full pay period after receipt of required
documentation.
(d) A year of service with the state of Ohio or a political
subdivision or regional council of government is considered as twenty-six
biweekly periods.
(e) An employee who has retired in accordance with the
provisions of any retirement plan offered by the state of Ohio and is
reemployed will not have prior service with the state of Ohio, any political
subdivision of the state or a regional council of government counted for
purposes of computing vacation leave.
(6) To assure accurate leave balances,
employees requesting vacation leave must submit their request electronically
through the BearTrax system.
(7) Extended vacation requests (over
three weeks in a single instance) may have a negative impact on the operation
and will be considered only as an exception with accompanying extenuating
circumstances. Requests of this nature will require a written rationale with
supervisor approval, as well as the approval of the division senior executive
(as defined in paragraph (D)(4) of this rule).
(8) When an official university observed
holiday falls within an employee's vacation, that day will not be charged
as vacation.
(9) All accrued vacation must be
exhausted before an unpaid leave of absence commences. This paragraph does not
apply when an employee opts to take some or all of the time off without pay
during university shutdown as permitted by paragraph (E)(12) of this rule.
(10) Employees who retire or resign will
be paid for earned but unused vacation up to a maximum of two times the accrued
hours of vacation in one year at the time of their departure. In the event of
the death of an employee, vacation pay for vacation earned but not taken up to
a maximum of two times the accrued hours of vacation in one year will be paid
to the estate of the employee.
(11) The department of human resources
will maintain an up-to-date record of vacation for each employee. Any questions
concerning vacation record-keeping should be directed to human
resources.
(12) In order to provide for continuous
payment during a board approved university closure, temporary changes to
vacation accruals will be permitted as follows:
(a) Employees will be permitted to use accrued vacation leave
hours during hours they will not be working as a result of the shutdown to
offset lost pay, or
(b) Employees will be permitted to use unearned vacation leave
hours that they are scheduled to earn during the remainder of that calendar
year in exchange for a reduced vacation accrual rate for the remainder of the
calendar year.
(c) These actions will not be considered a reduction in pay,
layoff or furlough.
(E) Sick leave
(1) Sick leave may be used for an
authorized absence from scheduled duties due to personal illness (which may
include physical and/or mental health issues); personal injury; exposure to
contagious disease that poses a reasonable risk of contagion to the university
(the university may require documentation); medical, mental health, dental, or
optical examination or treatment for self or immediate family members when the
employee's attendance is required; family emergencies requiring the
attendance of the employee; pregnancy and/or childbirth and related conditions;
or death in the immediate family. The definition of an immediate family member
includes: grandparents, brother, sister, brother-in-law, sister-in-law,
daughter-in-law, son-in-law, father, father-in-law, mother, mother-in-law,
spouse, child, grandchild, legal guardian, or other person who stands in the
place of a parent.
(2) Upon hire, a full-time administrator
or ATSS employee will receive one hundred twenty hours of sick leave credited
to his/her leave account.
(3) After the first year of employment
and thereafter, sick leave will accrue for full-time administrators and ATSS
pro-rated each pay period for a maximum of one hundred twenty hours per
year.
(4) Upon hire, the part-time
administrator or ATSS employee will receive a pro-rated amount of sick leave
credited to his/her leave account, based upon the employee's full-time
equivalency (FTE) percentage determined at the time of hire. For example, a
half-time employee will be eligible for a credit of sixty hours of sick leave,
etc.
(5) After the first year of employment
and thereafter, sick leave shall accrue for part-time administrators and ATSS
at a pro-rated amount based upon the employee's FTE.
(6) An administrator or ATSS may transfer
into his/her university sick leave account any accumulated, documented, and
verified sick leave balance that has been accumulated in the public service in
the state of Ohio, provided that his/her re-employment takes place within ten
years of the date on which the employee was last terminated from public
service. If the employee elects to do so and informs the department of human
resources, he/she may elect to transfer any unused and unpaid sick leave
balance above one hundred twenty hours to their Shawnee state university sick
leave account. This amount will be in addition to the university credited
amount. For example, if the employee had six hundred twenty hours of unused and
unpaid sick leave from a prior state of Ohio employer, then five hundred hours
could be transferred to Shawnee state university.
(7) There is no maximum applied to the
amount of sick leave that may be accumulated during active
employment.
(8) The sick leave account balance will
be reduced an hour for each hour of sick leave used. As an alternative to using
up sick leave hours, the employee with advance approval from his/her
supervisor, may use flexible scheduling (working less hours of the normal
schedule and making those hours up another time or day) to account for time off
for medical appointments or other reasons which would otherwise be used as sick
leave hours. For ATSS, hours must be made up within the same week, or if not,
the sick leave account will be reduced an hour for each hour of sick leave
used.
(9) Employees requesting sick leave
(including leave that qualifies under the Family and Medical Leave Act - FMLA)
must submit their request electronically through the BearTrax system. When the
leave is foreseeable, the employee must make every effort to request the leave
thirty days in advance of the leave. When that is not possible for the leave
request to be submitted in advance of the leave, it must be approved by the
employee's supervisor and submitted through the BearTrax system upon the
employee's return from the absence. Time on approved sick leave will run
concurrent with an approved leave under FMLA (refer to paragraph (G) of this
rule).
(10) If an employee is expected to be off
more than five consecutive work days, a signed or official doctor's
statement must be submitted in advance to the supervisor or human resources. If
an employee does not have advance warning, the doctor's statement must be
provided to the supervisor or human resources as soon as practicable after the
employee knows he/she will be off more than five consecutive days and in no
event any later than the date the employee returns to work (unless more time is
granted by the director of human resources or designee).
(11) In situations of sick leave involving
less than five consecutive work days, where suspicious patterns of leave exist
(e.g., leave taken immediately before or after weekends or days off), a
doctor's statement may be required upon the request of the supervisor or
human resources. All doctors' statements shall be in the form of a signed
or official statement from the attending physician, stating the general nature
of the illness, date of medical treatment, and the conditions under which the
employee is released to return to work or a statement from the attending
physician verifying the illness or injury of the employee's immediate
family member. The failure to submit doctor's statements, or the failure
to submit a proper leave form to human resources, may result in delay of
payment for the time missed.
(12) Intentional misuse of the sick leave
provision herein may be considered grounds for disciplinary action.
Non-compliance with sick leave rules and regulations may result in the
administrator or ATSS not receiving pay for the requested sick
leave.
(F) Sick leave retirement payment
(1) The administrator or ATSS, upon
official state retirement from active service or upon separation of employment
by an alternative retirement plan (ARP) participant who would meet the age and
service eligibility requirements under a state pension system (OPERS or STRS),
and with ten or more years of service with the state of Ohio or any of its
political subdivisions, will be paid for one-fourth of the value of accumulated
sick leave balance, up to a maximum payment of two hundred forty hours. Payment
will be based upon the employee's base per hour rate of pay at the time
of retirement. Any unpaid leave remaining on the Shawnee state sick leave
account will be available for use upon rehire (unless hired into a position
that does not provide sick leave). In the event of an eligible employee's
death prior to retirement, the sick leave retirement payout is not subject to
payment to the employee's estate.
(2) The payout of sick leave balance as
provided in this policy will be made only once to any administrator or ATSS. An
employee, who received such cash payout and who was rehired post retirement,
may accrue and use sick leave while actively employed but shall not be eligible
for payment of any unused sick leave balance.
(3) The payment discussed in paragraph
(F)(1) of this rule will only be available to employees who formally notify the
department of human resources of their retirement and meet all other
eligibility requirements.
(G) Family and medical leave policy
(1) Scope
(a) Employees with at least one year of service with the
university and who have worked for one thousand two hundred fifty hours in the
previous twelve-month period are eligible for up to twelve weeks of paid
(existing sick leave and/or vacation) and/or unpaid leave for qualifying
events, in a twelve-month period (rolling year, see CFR 29, Part 825.200).
Qualifying events are:
(i) Childbirth (due to the birth of or to care for the newborn
child)
(ii) Adoption or foster care
(iii) Serious personal illness -
(a) A serious health condition that results in a period of
incapacity for more than three days during which the employee is unable to
work, or
(b) A chronic condition requiring a regimen of ongoing care by a
health care provider that intermittently renders the employee unable to work
for periods of less than three days while seeking treatment or while recovering
from the condition.
(iv) The serious health condition of an employee's spouse,
child, or parent which requires the employee to provide care.
(v) Qualifying exigency arising out of the fact that the
employee's spouse, child, or parent is a covered military member on active
duty, or has been called to active duty, in support of a contingency
operation.
(vi) Care for a covered service member with a serious injury or
illness if the employee is the spouse, child, parent or next of kin of the
service member.
(2) Length of leave/paid or
unpaid
Family and medical leave provides an eligible
employee to take up to twelve workweeks of leave per rolling twelve-month
period except for leave under paragraph (G)(1)(a)(vi) of this rule which may be
taken up to twenty six workweeks. Employees will first use sick leave, where
appropriate, prior to vacation and any unpaid leave. Employees will use
vacation and any comp time prior to any unpaid leave after sick leave is
exhausted or for events where sick leave is inappropriate. Family medical leave
coordinates and runs concurrently with other paid and unpaid leaves.
(3) Childbirth and adoption
timeframe
Leave under this policy which pertains to care
for a newborn, adopted, or foster child may only be taken within twelve months
of the child's birth or placement into the employee's home.
(4) Certification for health
leave
If an employee requires leave for a serious
health condition for himself/herself or a spouse, parent, or child a health
care provider's certification shall be required stating the commencement
date and probable duration of the condition and the medical facts
substantiating the condition. The university may require an independent
examination at no cost to the employee.
(5) Notice of the leave
Employees must provide at least thirty
days' advance notice if the leave is foreseeable. If the leave must begin
within fewer than thirty days, the employee must provide notice as soon as
practicable.
(6) Employment and benefits
protection
Any employee who takes leave under the
provisions of this policy, on return from such leave shall be restored by the
university to the position of employment held by the employee when the leave
commenced or be restored to an equivalent position with equivalent employment
benefits, pay, and other terms and conditions of employment.
(7) Continuation of health plan
coverage
If after the exhaustion of all forms of paid
leave, a period of unpaid leave is needed up to the twelve week maximum
provided under this rule (or twenty six maximum, as applicable), the university
shall maintain the coverage under the group health plan for this period under
the conditions coverage would have been provided if the employee had continued
in employment continuously for the duration of the leave. Upon return to work,
the employee must make arrangements with the department of human resources to
make up the employee contributions missed for insurance coverage while on
unpaid leave.
(8) Return from leave
If the employee fails to return from family and
medical leave, the university may recover the premium that the employer paid
for maintaining coverage for the employee under the group health plan during
any period of unpaid leave.
(H) Disability leave
(1) Application
(a) Full-time administrators and ATSS may be granted a
disability leave of absence in the event of a disabling illness or injury
(except work related in which case workers' compensation rules will apply)
that extends beyond leave provided under FMLA.
(b) Approval of such leave is contingent upon the employee
submitting a satisfactory written physician's statement attesting that the
essential functions of the assigned position cannot be performed.
(c) The university may request that an examination be completed
by a physician of its choosing. In such case, the university will pay for the
cost of the examination.
(d) Written application to the department of human resources
should be made as early as possible and must include a statement from the
attending physician with a projected return date.
(2) Duration and retention
(a) The duration of disability leave will be based on the
projected return date provided by the attending physician. An initial request
for disability leave may be for one year or less. A disability leave may be
extended one additional year with a request for such extension to be made no
later than sixty days prior to the originally scheduled return date. The total
amount of time on such leave, paid or unpaid, for the same injury or illness,
may not exceed two years. The amount of time shall be reduced by family medical
leave used for the same injury or illness.
(b) In order to be paid for disability leave, the employee will
use all earned but unused sick leave, vacation leave, personal leave, and comp
time. All types of paid leave must be used prior to unpaid leave.
(c) Prior to returning to work, the employee must provide the
university with the attending physician's release attesting to his/her
ability to perform the essential job duties. The university may request an
independent examination as identified in paragraph (H)(1)(c) of this
rule.
(d) The employee will retain reinstatement rights to his/her
current position if the disability leave is six months or less. If such leave
time exceeds six months, up to a maximum of twelve months, the university will
place such employee in the same or similar position in which the employee
possesses the required qualifications necessary to perform the essential
responsibilities. The university will make reasonable efforts to reinstate an
employee to the same or similar position if such leave exceeds one year.
(3) Insurance coverage
(a) The university will continue group health insurance
throughout the period of an approved paid leave.
(b) The university will continue group health insurance
throughout the period of an approved unpaid leave that is not FMLA leave for a
maximum of six months.
(c) While on an approved unpaid leave other than FMLA, the
employee must timely remit the established insurance contribution payments for
the duration of the leave. If the employee payment contributions are not timely
remitted, the employee will forfeit university-provided health plan coverage
and may elect health plan continuation under COBRA at one hundred two per cent
of the full cost of the university's health plan.
(d) The university will continue group health insurance as
provided in the Family and Medical Leave Act (FMLA) of 1993 as currently
amended, and offer group health continuation and conversion benefits as
provided under the Consolidated Omnibus Budget Reconciliation Act
(COBRA).
(4) Disability retirement
reinstatement
In the case of an employee who has been granted
a disability retirement through OPERS or STRS, the period of reinstatement
shall be in accordance with the prevailing rules of the state retirement
system.
(5) An employee requesting disability
leave must submit his/her request electronically through the BearTrax
system.
(I) Workers' compensation leave
Workers' compensation leave will be provided
as set forth in the Ohio statutes (Chapter 4123. of the Revised Code) for
workplace injuries and/or occupational diseases. Additional information may be
found on the university website at the office of human resources
webpages.
(J) Court/jury duty leave
(1) An employee who is required to report
for jury duty or is subpoenaed to appear before any court, commission, board,
or other legally constituted body, where the employee is not a party to the
action, shall be entitled to leave with pay for the scheduled work hours lost
as the result of such duty. For ATSS employees, the employees will be
compensated by the university in an amount equal to his/her straight-time
(non-overtime) rate of pay. Any monetary payment received from the court shall
be submitted to human resources for deposit in lieu of receiving full pay from
the university. An employee who reports for such duty and is excused shall
immediately contact his/her immediate supervisor and report for work, if
requested.
(2) In order to be paid by the university
for such leave the employee must submit to human resources written proof,
executed by an authorized administrator of the court, showing the duration of
such duty and the amount of compensation received for such duty.
(K) Military leave
(1) An employee who is unable to report
for regularly scheduled work because the employee is required to report for
duty as an active duty member of the armed forces, a reserve member of the
armed forces, or as a member of the Ohio national guard shall be compensated in
accordance with Ohio law.
(2) The university will adhere to any
federal or state laws enacted regarding employer responsibilities toward active
employees who are members of the armed forces.
(3) To be eligible for this leave and in
accordance with federal and state law, the employee upon request, shall provide
the order or written statement from the appropriate military commander to
his/her supervisor which shall be forwarded to human resources.
(L) Furloughs
A furlough is a non-permanent, unpaid leave of
absence from work for a specified period of time. The president may impose
furloughs in accordance with Ohio law. The president shall enact a procedure
setting forth the terms and conditions under which furloughs may be
imposed.
(M) Request for leave process.000000000000000000.
(1) Except in the case of an emergency,
prior notification to the employee's supervisor of anticipated leaves is
required. Employees shall notify his/her immediate supervisor by telephone or
electronic message prior to the scheduled start time that they are unable to
report to work due to a qualifying reason. In cases where an employee is
incapacitated, they may designate a family member or third-party representative
to communicate with the university.
(2) Request for leaves as identified in
this policy must be submitted electronically via the BearTrax system. In order
to assure accuracy of leave balances and to properly secure approvals for
leaves, every effort should be made to make requests prior to the end of the
pay period in which the leave is to occur. In rare circumstances in which this
cannot be done due to emergency or oversight, the employee must submit such
request at the earliest date upon return from leave.
(3) Additional guidelines regarding
leaves of absences may be found on the department of human resources website.
