3.9 Employee Benefits
3.9.15 Leaves of Absence
The College may grant paid or unpaid leaves of absence to employees.
The sections that follow describe the different types of leaves, circumstances
under which they may be granted, and the procedures for processing leaves.
If an employee does not return to work upon expiration of the leave,
it will be deemed that the employee terminated without notice as of the
original date the leave began.
Engaging in employment outside the College while on a leave of absence,
will be cause for termination, unless specifically approved in advance.
3.9.15.1 Leaves of Absence With Pay
3.9.15.1.1 Military Leave
The Uniformed Services Employment and Reemployment Rights Act of 1994
(USERRA) is the federal statute now governing military leave. Under USERRA,
it is unlawful for an employer to refuse an employee's military leave
of absence, or to discriminate in employment or reemployment based on
military service, including non-career service. (For the purpose of this
policy "reemployment" refers to an employee returning from military
leave to active work status at the College.) USERRA extends reemployment
rights for up to five (5) years to individuals who have been absent from
a position of employment because of military duty in the "uniformed
services." The employee must provide the College with written or
verbal notice of his/her military orders and follow the proper leave procedures
prior to departing for military service.
There is no longer a distinction between short-term and extended military
leave or voluntary and involuntary military service. However, there is
a five (5) year cumulative service limit on the amount of voluntary military
leave an employee can use and still retain reemployment rights. The five-year
limit does not include: inactive duty training; annual training; involuntary
recall to active duty or involuntary retention on active duty; or voluntary
or involuntary active duty in support of war, national emergency or certain
operational missions, such as the Homeland Defense operational mission
and reservist call up.
Military leave is defined as a period of required active duty or training
with the Armed Forces of the United States or any of its reserve components,
including the National Guard, commissioned corps of the Public Health
Service, and any other category of persons designated by the President
in time of war or emergency.
Requests for military leave must be submitted in writing to the immediate
supervisor or dean (faculty) and the director of compensation and organizational
design. The request should be made as far in advance as possible unless
the giving of notice:
(1) is prevented by military necessity, or
(2) is otherwise impossible or unreasonable.
When an employee goes on military leave, the supervisor should change
the employee's status to unpaid leave for that time period. In addition,
a non-exempt employee's time report form(s) should be submitted with no
hours recorded during the military leave period but with a notation in
the margin that the employee is on military leave. Employees eligible
for College benefits (see section 3.9.2)
will receive the difference between regular base pay and military pay
for a maximum period of two weeks per calendar year for temporary annual
or civil emergency duty.
Payment will not be made for duty lasting less than seven consecutive
days, such as weekly drill sessions. The staff employee may elect to use
vacation or personal leave to cover any portion of the leave that is unpaid;
however, the employee is not required to exhaust his/her accruals before
the start of the leave of absence as is required for other leaves of absences.
The same benefits will be granted to an employee on military leave as
to other employees who miss work due to a leave of absence. (See section
3.9.15.1.2 below.)
A military leave is treated in the same manner as an unpaid leave of
absence. USERRA also provides that service members who are on duty for
more than 30 days may elect to continue employer-sponsored health care
for themselves and their families for up to 18 months, but the employee
is required to pay up to 102 percent of the full premium. When the employee
returns from military service, Ithaca College will reinstate health insurance
coverage in the same manner as the College would with an employee returning
from an unpaid leave of absence.
3.9.15.1.2 Returning From Military Leave
When the employee returns, if the military pay is less than the employee's
regular pay would have been, the employee should bring verification of
the amount of the military pay to the compensation manager. The director
of compensation and organizational design will then arrange for the employee
to be paid the difference.
The length of time an employee has to return to work or reapply for employment
is based upon the length of military service.
- For service of 1-30 days, the employee has to report by the beginning
of the next regularly scheduled workday that falls eight hours after
the employee returns home;
- for service of 31-180 days, the employee must submit an application
for reemployment within 14 days after the completion of service; and
- For service of 181 days or more, an application for reemployment must
be submitted within 90 days after the completion of service.
The reporting and reapplication deadlines are extended for up to two
years for individuals who are hospitalized or convalescing because of
service-connected injury or illness; the two year period may be extended
to accommodate a circumstance beyond the employee's control that would
make reporting within the period impossible or unreasonable.
Individuals who take a leave of absence from the College in order to
serve in the uniform services are entitled to various rights, including
reemployment rights, under the federal law. Employees' rights to reinstatement
are governed by USERRA, and the College's ultimate goal is to comply with
federal military laws.
Under USERRA, when the employee is reemployed or returns to active work
status, he or she is entitled to the seniority and other rights and benefits
determined by seniority that the person had on the date of the commencement
of service in the uniformed services plus the additional seniority and
rights and benefits that such person would have attained if the person
had remained continuously employed.
Under USERRA, it is unlawful to discharge an individual, except for cause,
for one year after being reemployed or return to active work status if
that employee served in the military for more than 180 days. A returning
employee is protected from discharge without cause for 180 days if the
period of service was for less than one year but more than 30 days.
All rights to reemployment or return to active work status and benefits
depend upon the satisfactory completion of the agreed upon term of military
service. A separation from the uniformed service resulting in a dishonorable
or bad conduct discharge will void all requirements under USERRA.
Ithaca College's policy on military leave follows the required guidelines
of USERRA. Questions on military leave of absence or for reinstatement
following a leave should be directed to the director of compensation and
organizational design or director of human resources.
3.9.15.1.3 Jury Duty, Subpoenaed Witness
The College recognizes the civic responsibility of its employees to serve
on juries or as a subpoenaed court witness. Except in cases involving
personal business, employees summoned for jury duty or as a witness will
be paid full salary for the duration of the assignment, provided the supervisor
is given a copy of the summons at least one week in advance and after
completion of service, the supervisor is furnished with evidence of having
served for the time claimed. (Non-benefits-eligible employees, including
temporary workers who are scheduled to work will be paid $15.00 per day
for their service, provided the appropriate documentation of time claimed
is presented to the director of compensation and organizational design.)
This policy is applicable to service requested by any legally constituted
court or governmental unit, whether municipal, county, district, state,
or federal.
Employees are expected to meet job responsibilities to the best of their
ability during such periods. The employee should keep the supervisor or
department chair informed of the expected duration of the case. The employee
will be expected to report for work all or any part of a day the employee
is not required to be in court.
Under normal circumstances, the College will not ask for a deferment
of jury duty.
3.9.15.1.4 Bereavement Leave
In the event of a death in the immediate family, employees will be paid
for up to five days of bereavement leave. "Immediate family"
is defined as parents (also foster and step-parents), children, spouse,
qualified domestic partners, brothers, sisters, in-laws (including parents
and children), grandparents and grandchildren. Relatives and other individuals
who are permanent members of the household may also be considered "immediate
family" for purposes of this policy. In the event of the death of
other members of the family, paid time off, not to exceed one day, will
be given.
If an employee needs additional time beyond the limits stated above,
s/he may use accrued vacation or personal time, or the supervisor may
grant the time as unpaid leave. (See section 3.9.15.2
for information on unpaid leaves of absence.)
3.9.15.1.5 Public Service Leave
The College provides paid time off for regular, benefits-eligible employees
engaged in certain short-term public service activities. For example,
volunteer firefighters or emergency medical technicians who are members
of a volunteer fire department may be paid when responding to an emergency
call during regular working hours. An employee must request a public service
leave commitment in advance, and each time the employee must leave the
job, the supervisor must be informed and proof of hours worked must be
provided. A supervisor may deny a request for a public service leave commitment
if the time away from work becomes excessive or if the commitment impairs
the employee's effectiveness on the job.
3.9.15.1.6 Time Off to Vote
New York State law entitles employees who are eligible registered voters
to take time off to vote if they do not have four consecutive non-work
hours in which to vote. In these cases, the law requires the College to
pay for up to two hours off. Since the polls are open from 6:00 a.m. to
9:00 p.m. for general elections and from noon to 9:00 p.m. for primary
elections, there should be few employees who will need time off to vote.
However, there may be a few cases due to the shift the employee works,
the remoteness of the employee's polling place or similar reasons. If
it appears that an employee would be qualified for paid time off to vote,
please contact the director of compensation and organizational design.
3.9.15.2 Leaves of Absence Without Pay
A staff employee may request up to six months of leave without pay and
a faculty member up to two semesters for such compelling reasons as professional
or educational development, public service, personal problems or family
commitments. (See section 3.9.15.2.2 and
Volume IV, section
4.8.2 for information on requesting leaves of absence.)
In addition, for the first 12 weeks of an approved, unpaid leave of absence
per 12-month period, the College will continue benefit credits and charges
for all benefits-eligible employees. If an employee requests a leave of
longer duration, the employee will need to make arrangements with the
benefits department for the continuation of his/her Individual Choice
Benefits (educational benefits are not in effect during periods of unpaid
leave).
If, after completion of the unpaid leave of absence, the employee does
not return to his/her position the employee must contact the Benefits
Department regarding the continuation of his/her Individual Choice benefits.The College will recognize the last day of work or the last day of leave as the effective date of resignation. If the employee fails to return from an unpaid leave of absence,
under most circumstances he/she will be required to reimburse the College
for the full cost of benefits associated with the unpaid leave. At that
time, if the employee decides to continue his/her benefits, they must
make the necessary arrangements for COBRA payment with the Benefits Department.
An unpaid leave will not begin until all vacation and personal leave
accruals have been used.
3.9.15.2.1 Leaves of Absence Without Pay
Due to Illness or for the Care of Family Members - Family and Medical
Leave Act of 1993 (FMLA)
Ithaca College also offers employees the opportunity to apply for up
to six months of unpaid leave due to the birth, adoption, or illness of
an employee or immediate family member. (See section 3.9.15.2.2
for information on requesting an unpaid leave of absence.) According to
the Family and Medical Leave Act of 1993 (FMLA), the federal government
requires employers to grant unpaid leaves of absence lasting up to 12
weeks in a 12-month period for the following qualifying events:
- Birth and care of a newborn.
- Placement of a child for adoption or foster care.
- A serious health condition that prevents the employee from performing
the employee's duties (refer also to Ithaca College provisions for unpaid
medical leave, see section
3.9.15.2.6 and Volume
IV, section 4.8.4).
- Care of a spouse, child or parent with a serious health condition
(refer also to section 3.9.14.1.4,
Use of Medical Leave Accrual to Care for Immediate Family (Staff Employees
Only)).
(In the event that an employee is eligible for and used paid leave for
any of the events covered by FMLA, the paid leave will count toward the
12-week FMLA entitlement.)
The College does require medical certification of serious health conditions
and periodic status reports. Such documentation should be directed to
the director of benefits.
As a result of FMLA, Ithaca College will continue benefit credits and
charges for all benefits-eligible employees for 12 weeks of an approved
paid or unpaid leave per 12-month period. For the purposes of this policy,
the College will consider the 12-month period to be the months immediately
preceding the request. For example, if an employee requests an unpaid
leave for one of the events listed above to begin on April 1, the College
will review the 12-month period retroactively to the previous March 31
to determine the number of weeks of leave the employee has already received
during the year. If the employee requests a leave of longer duration,
the employee will need to make arrangements with the benefits department
for the continuation of the employee's Individual Choice benefits (educational
benefits are not in effect during periods of unpaid leaves of absence).
If a leave is granted, the employee will be reinstated in the employee's
previous job or an equivalent position with equivalent benefits and pay,
with credit for service prior to the unpaid leave. If the employee decides
not to return to the employee's position following the leave, the employee
must contact the Ithaca College Benefits Department regarding continuation
of Individual Choice benefits. The College will recognize the date the
unpaid leave began as the first day following the last day worked. If
the employee fails to return from an unpaid leave of absence, under most
circumstances, the employee will be required to reimburse the College
for the full cost of benefits associated with the unpaid leave. At that
time, if the employee decides to continue the employee's benefits, they
must make the necessary arrangements for COBRA payment with the Benefits
Department.
3.9.15.2.2 Requesting an Unpaid Leave
of Absence
The terms and conditions of unpaid leaves must be stipulated in advance
and must be requested, in writing, through the head of the department
and approved by the Office of Human Resources. An employee must have completed
one year of service and work at least 1,000 hours per year to be eligible
for an unpaid leave. An unpaid leave will not begin until all vacation
and personal leave accruals have been used. In responding to individual
requests, the College will be guided by the detailed provisions mandated
by the Family and Medical Leave Act and by the policies contained in this
Policy Manual.
3.9.15.2.3 Guidelines for Granting Unpaid
Leaves of Absence
Prior to granting an unpaid leave of absence, the supervisor or department
chair should contact the director of human resources or director of compensation
and organizational design. Many factors must be considered when an employee
requests an unpaid leave of absence including: the type of leave (the
College's possible obligation under federal legislation), duration of
the request, the individual's employment record and performance reviews,
and the ability of the department to organize the work during the employee's
absence.
An employee may not request a leave prior to the completion of one year
of service.
3.9.15.2.4 How to Process a Leave
The employee should submit a written request to the immediate supervisor
or department chair (for faculty
www.ithaca.edu/frg/section5.htm - 5.11). If the request is for a period
of less than seven consecutive days, the supervisor may approve the leave
without going through a formal process. The supervisor must make sure
the necessary pay adjustments are made through the TRF for non-exempt
employees and through workflow for exempt employees.
The supervisor should send a copy of any request for leave which lasts
five working days or longer for staff and administration and two weeks
for faculty, along with the supervisor's confidential recommendation to
grant or not grant the request, to the dean or director of the department
and the director of human resources. If the supervisor, dean, or director
and the director of human resources all agree that the request should
be approved, the supervisor should consult with Office of Human Resources
about confirming the conditions of the leave in writing to ensure that
all policies, procedures, and legal requirements are addressed.
A form must be completed and submitted to the Office of Human Resources
with a copy of the supervisor's approval of the leave request. (Specific
instructions for supervisors to implement these changes can be found in
the Parnassus HR/Payroll Documentation at www.ithaca.edu/hr/hrinfo.)
The confirmation letter will follow from the Office of Human Resources.
A leave of absence without pay will not begin until all vacation and
personal leave accruals have been used. The employee does not accrue vacation,
medical or personal time during an unpaid leave in any accrual month in
which the employee does not receive pay from the College for at least
11 work days. The period of an unpaid leave is not credited toward length
of service. (See section 3.9.3.)
For the first 12 weeks of an approved leave of absence the College will
continue to provide staff with benefit credits. At the end of the 12-week
period (for medical leaves see section 3.9.15.2.6),
the employee is responsible for making the necessary arrangements with
the Benefits Department to cover the total cost, including the College's
contribution, for benefits.
3.9.15.2.5 Length of Leave
An unpaid leave may be granted for a period of up to six months in any
12-month period. An employee is classified as being on medical leave,
not on a "leave of absence without pay," while collecting New
York State disability or workers' compensation pay, even if the employee
is receiving no payments from the College. However, if an employee has
been out on NYS disability or workers' compensation prior to a leave,
the maximum allowable time for the leave is reduced by that absence. Therefore,
an employee who has been on disability for three months may be granted
a maximum of three months unpaid leave following the disability period.
(For more information on medical leaves see section 3.9.15.2.6
below.)
3.9.15.2.6 Medical Leave
An employee who is absent due to personal illness or injury is considered
on medical leave and retains the status of "active" employment
for a period of up to six months in any 12-month period, provided the
employee is receiving New York State disability or workers' compensation,
and/or sick, or other paid leave from Ithaca College.
After six consecutive months of illness the College's long-term disability
plan provides benefits to eligible employees who meet the definition of
disabled as governed by the plan document. If an absence due to illness
is likely to exceed six months, the application process for long-term
disability benefits should be started at the three-month point.
If an employee is unable to work due to illness, the employee's job will
generally not remain open beyond six months (up to two years for tenured
faculty). However, if an individual has been employed by the College for
more than 12 months, an unpaid leave of absence may be approved for three
months in addition to the six months of disability if a physician indicates
that an employee is likely to return to work within the additional time
period. However, the period of the leave may not exceed a total of nine
months. If at the end of the six-month leave (nine months if an extension
is granted), the employee is not able to return to work, the individual
will be separated from employment.
If the employee returns to work following a medical leave of absence,
the College will consider its obligation under the Family and Medical
Leave Act fulfilled (or partially fulfilled if the leave is less than
12 weeks).
If, after separation the employee is later able to return, the College
cannot guarantee reinstatement but will attempt to place the employee
in a position with a similar level of responsibility. The director of
employment and employee relations will look to the department in which
the employee previously worked as well as to current vacancies in other
departments. If the employee returns to the College, past service will
be credited in accordance with the reinstatement policy in section 3.9.3.2.
If there is no possibility that an employee will be able to return within
six months, under certain circumstances the supervisor or department chair
may receive approval to fill the position prior to the six months. However,
because the employee remains active and is receiving benefit credits for
the six months, there are budget implications that need to be considered.
The College reserves the right to require a physician's statement indicating
that the employee returning from medical leave is fit to resume the employee's
responsibilities. Because of the need to maintain confidentiality, supervisors
should instruct employees to submit the medical statement to the benefits
director, and it is the responsibility of the supervisor to contact the
benefits director prior to the employee's resuming work to be sure the
appropriate statement is on file in the Benefits Department.
See additional information in section 3.9.14,
Time Off Benefits (Medical Leave and Related Benefits and Volume
IV, section 4.8, Faculty Leaves of Absence With and Without Pay, and
section 4.15.5,
Termination for Medical Reasons). See also information on long-term disability
in section 3.9.16.6.
3.9.15.2.7 Compassionate Care Policy
Effective 10/11/2005
The College recognizes that there are extenuating circumstances when
employees or their immediate family members will experience a catastrophic
illness and the employee will be unable to work. The College also recognizes
that during these very rare instances some employees may exhaust their
accrual of sick, personal or vacation allowances.
To assist employees during these difficult and emotional times, the College
may provide assistance in the form of paid time off to employees
who qualify for assistance.
A catastrophic case is defined as one which poses a serious or life threatening
illness or injury. The following outlines the qualifications and procedures
pertaining to catastrophic cases:
Qualifications:
Employees who have exhausted all accrued sick, personal and vacation time
and who can substantiate to the satisfaction of the senior administration
(the director of human resources, the respective vice president and the
president) that he/she is experiencing a catastrophic illness or that
his/her presence is required to care for a seriously ill immediate family
member (spouse, qualified domestic partner or child) will be considered
under this policy.
Procedures:
In order to provide the employee with confidential handling of the request,
the director of benefits will coordinate all requests. Employees and/or
their immediate supervisor should contact the director of benefits to
request consideration if the employee or a member of their immediate family
is experiencing a catastrophic illness.
The supervisor/department head will make a confidential, written recommendation
to the director of benefits on behalf of the employee. Each case will
be considered on a confidential, individual basis and the request will
be reviewed by the director of human resources, the respective vice president
and the president.
Upon completion of the administration’s review, the director of
benefits will notify the employee and his/her supervisor of the decision
and benefit approved. If approved, the employee will be given a designated
amount of paid time off as recommended by the supervisor/department head. |
