COMPENSATION AND BENEFITS: LEAVES AND ABSENCES

Note: For College District contribution to employee insurance during leave, see CKD(LOCAL). For additional provisions addressing the Family and Medical Leave Act (FMLA), see DECA(LEGAL).

Leave Administration

The College President shall develop administrative regulations associated with employee leaves and absences and ensure the procedures are used to implement the provisions of this policy.

Definitions

Immediate Family

Family Emergency

Full-Time Employee 

Leave Day

Academic Year

Catastrophic Illness or Injury

The term “immediate family” is defined as:

1. Spouse.

2. Son or daughter, including a biological, adopted, or foster child, a son- or daughter-in-law, a stepchild, a legal ward, or a child for whom the employee stands in loco parentis.

3. Parent, stepparent, parent-in-law, or other individual who stands in loco parentis to the employee.

4. Sibling, stepsibling, and sibling-in-law.

5. Grandparent and grandchild.

6. Any person residing in the employee’s household at the time of illness or death. 

For purposes of the FMLA, the definitions of spouse, parent, son or daughter, and next of kin are found in DECA(LEGAL).

The term “family emergency” shall be limited to disasters and life-threatening situations involving the employee or a member of the employee’s immediate family. 

The term “full-time employee” shall mean an employee who is regularly assigned to a workload greater than 19.5 hours per week.

A “leave day” for purposes of earning, use, or recording of leave shall mean the number of hours per day equivalent to the employee’s usual assignment, whether full-time or part-time.

An “academic year” for purposes of earning, use, or recording of leave shall mean the term of an employee’s annual employment as set by the College District for the employee’s usual assignment, whether full-time or part-time.

A catastrophic illness or injury is a severe condition or combination of conditions affecting the mental or physical health of the employee or a member of the employee’s immediate family that requires the services of a licensed practitioner for a prolonged period of time and that forces the employee to exhaust all leave time earned by that employee and to lose compensation from the College District. Such conditions typically require prolonged hospitalization or recovery or are expected to result in disability or death. Conditions relating to pregnancy or childbirth shall be considered catastrophic if they meet the requirements of this paragraph.

Earning Leave

An employee shall not earn any form of paid leave when the employee is in unpaid status. An employee using full or proportionate paid leave shall be considered to be in paid status.

Deductions

Leave Without Pay

Leave Proration

Employed for Less Than Full Year

Employed for Full Year

The College District shall not approve paid leave for more leave days than have been accumulated in prior years plus leave currently available. Any unapproved absences or absences beyond accumulated and available paid leave shall result in deductions from the employee’s pay. 

If an employee separates from employment with the College District before the employee’s last scheduled workday, or begins employment after the first scheduled workday, paid leave shall be prorated based on the actual time employed. 

If an employee separates from employment before the last scheduled workday of the academic year, the employee’s final paycheck shall be reduced for paid leave the employee used, but had not earned, as of the date of separation.  

If an employee uses more paid leave than he or she earned and remains employed with the College District through his or her last scheduled workday, the College District shall deduct the cost of the excess leave days from the employee’s pay in accordance with administrative regulations. 

Medical Certification

An employee shall submit medical certification of the need for leave if:

1. The employee is absent more than three consecutive workdays because of personal illness or illness in the immediate family;

2. The College District requires medical certification due to a questionable pattern of absences or when deemed necessary by the supervisor or College President; or

3. The employee requests FMLA leave for the employee’s serious health condition; for a serious health condition of the employee’s spouse, parent, or child; or for military caregiver leave.

In each case, medical certification shall be made by a health-care provider as defined by the FMLA. [See DECA(LEGAL)]

Sick Leave

Each full-time employee shall earn one day of paid sick leave per month, or fraction of a month, in accordance with administrative regulations.

Sick leave shall accumulate to a maximum of 90 days or 720 hours.

Sick leave shall only be used for the following:

1. Illness of the employee.

2. Illness of a member of the employee’s immediate family.

3. Family emergency.

4. Birth or placement of a child when taken within the first year after the child’s birth, adoption, or foster placement.

Full-time employees who are employed on a nine-month assignment shall accrue nine days of sick leave during a fiscal year; those employed on a ten and one-half month assignment shall accrue ten and one-half days; and those employed on a twelve month assignment shall accrue twelve days.

An employee who is absent due to illness shall notify his/her supervisor at the earliest practicable time.

Non-exempt/hourly employees must document sick leave on their timecard and monthly employees are required to submit, via email, documentation of sick leave to AC Payroll with their supervisor copied.  The documentation must include the date and specific hours the employee was absent.

Accumulated sick leave is not a vested benefit and shall not be paid upon termination of employment.

The Vice President of Business Affairs upon consultation with the direct supervisor and the Senior Director of Human Resources shall have the prerogative to approve sick leave to be taken in excess of days accumulated in cases deemed worthy and when circumstances, in the Vice Presidents of Business Affairs opinion, justify such action. Such advancement or borrowing against future leave shall not exceed one year's accrual.

In cases where sick leave is used in excess of days accumulated, reductions in pay shall be calculated as follows:

For non-exempt employees, hourly rate times excess hours absent.

For exempt employees, hourly rate (as calculated below) times excess hours absent:

12-Month Employees -Yearly Salary/2,080 hours 10.5-Month Faculty-Yearly Salary/1,593 hours

9-Month Faculty-Yearly Salary/1,365 hours

When reduction in pay is necessary, the reduction shall be withheld from ensuing salary and wage checks.

Sick leave will not be paid for days on which employee is not on active duty. (Example: holidays, vacation, summer months when an employee does not have an assignment)

Although some employees may be able to partially perform part of their job duties while on leave, generally leave must be approved based upon the prorated share of the standard work week that the employee is not present at the workplace. Adjusted leave may be approved by the Vice President of Business Affairs and Senior Director of Human Resources for essential duties pre-approved and performed from a distance while absent from the workplace.

Mental Health Leave for Peace Officers

A College District peace officer who experiences a traumatic event in the scope of employment shall be granted a maximum of five days of mental health leave per traumatic event. Such leave shall be provided in accordance with administrative regulations and shall not be deducted from the employee’s pay or leave balance.

The College President shall develop regulations regarding mental health leave that address the following:

1. Circumstances or reasons under which a peace officer may use mental health leave;

2. Procedures for requesting mental health leave and maintaining the anonymity of the requester;

3. The administrator authorized to approve requests for mental health leave; and

4. Other procedures deemed necessary for administering this provision.

Quarantine Leave for Peace Officers and Emergency Medical Technicians 

A College District peace officer or an emergency medical technician on staff shall be granted quarantine leave when ordered by the local health authority or the person’s supervisor to quarantine or isolate due to possible or known exposure to a communicable disease while on duty. Such leave shall be provided in accordance with administrative regulations and shall not be deducted from the employee’s pay or leave balance.

The College President shall develop regulations regarding quarantine leave that address the following:

1. Continuation of all employment benefits and compensation for the duration of the leave;

2. Reimbursement for reasonable costs related to the quarantine; and

3. Other procedures deemed necessary for administering this provision.

Family and Medical Leave

Twelve-Month Period

Combined Leave for Spouses

Intermittent or Reduced Schedule Leave

Certification of Leave

Fitness-for-Duty Certification

Vacation Leave

FMLA leave shall run concurrently with applicable paid leave, as applicable.

For purposes of an employee’s entitlement to FMLA leave, the 12-month period shall be the fiscal year.

When both spouses are employed by the College District, the College District shall limit FMLA leave for the birth, adoption, or placement of a child, or to care for a parent with a serious health condition, to a combined total of 12 weeks. The College District shall limit military caregiver leave to a combined total of 26 weeks. 

The College District shall permit use of intermittent or reduced schedule FMLA leave for the care of a newborn child or for the adoption or placement of a child with the employee. 

When an employee requests leave, the employee shall provide certification, in accordance with FMLA regulations, of the need for leave. 

In accordance with administrative regulations, when an employee takes FMLA leave due to the employee’s own serious health condition, the employee shall provide, before resuming work, a fitness-for-duty certification.

Each full-time, 12-month employee shall earn as follows:

Years of Service

Hours per Month

Hours per Year

0-4

6.66

80

5-9

10.00

120

10-14

13.33

160

15+

16.66

200

Vacation leave shall accumulate to a maximum of 300 hours

Request for Vacation Leave

The employee shall submit a written request for use of vacation leave to the employee’s immediate supervisor or designee in advance in accordance with administrative regulations. In deciding whether to approve or deny vacation leave, the supervisor or designee shall consider the effect of the employee’s absence on the educational program or College District operations.

Bereavement Leave

A full-time employee shall be granted up to three days of paid bereavement leave upon the death of a member of the employee’s immediate family. Bereavement leave shall be noncumulative.

Workers’ Compensation

Note: Workers’ compensation is not a form of leave. The workers’ compensation law does not require the continuation of the College District’s contribution to health insurance. 

An absence due to a work-related injury or illness shall be designated as FMLA leave.

No Paid Leave Offset

Paid Leave Offset

The College District shall permit the option for paid leave offset in conjunction with workers’ compensation income benefits. An eligible employee may elect in writing to use available partial-day increments of paid leave to make up the difference between the employee’s income benefits and the pre-injury wage. [See CKE]

Court Appearances

Absences due to compliance with a valid subpoena or for jury duty shall be fully compensated by the College District and shall not be deducted from the employee’s pay or leave balance.

Absences for court appearances related to an employee's personal business shall be deducted from the employee's personal leave or shall be taken by the employee as leave without pay.

Payment for Accumulated Leave Upon Separation

The following leave provisions shall apply to vacation leave accumulated beginning on the original effective date of this program.

An employee who separates from employment with the College District shall be eligible for payment for accumulated vacation leave.

The employee shall receive payment for each day of accumulated vacation leave, to a maximum of 300 hours, at a rate established by the Board. If the employee is reemployed with the College District, days for which the employee received payment shall not be available to that employee. The rate established by the Board shall be in effect until the Board adopts a new rate. Any changes to the rate shall apply beginning with the academic year following the adoption of the rate change. 

Personal Leave

Up to two sick days per year may be used for personal leave for any circumstances, but these personal leave days may not be accumulated from one fiscal year to the next.

Miscellaneous Leave

Emergency leave due to death in the employee's family shall be granted with pay but not to normally exceed three days. Any bereavement leave days will be charged against accrued sick leave or, if not available, shall be without pay.

Leave with pay for graduate studies or other reasons may be granted in demanding circumstances with the College President's approval. The employee may work extra assignments for a defined period to make up the leave time.

Military Leave

Leave without pay for graduate study or professional development may be granted at the convenience of the College District.

All employees of the College District who are members of the state military forces or of the reserve components of the United States Armed forces shall be granted a leave of absence from their duties without loss of time, leave time, or salary on all days during which they are engaged in authorized training, duty ordered or authorized by proper authority, not to exceed 15 work days in federal fiscal year.

Such employees who are ordered to duty by proper authority shall be restored, when relieved from duty, to the position held by them when ordered to duty.

Any employee, other than a temporary employee, who leaves a position with the College District to enter active military services is entitled to be reemployed by the College District in the same position held at the time of the induction, enlistment, or order or to a position of similar seniority, status, and pay. To be entitled to reemployment, the employee must be discharged, separated, or released from active military service under honorable conditions no later than the fifth anniversary after the day of induction, enlistment, or call to active military service and must be physically and mentally qualified to perform the duties of the position.

An employee who cannot perform the duties of the position because of a disability sustained during military service is entitled to reemployment in the College District to a position that the employee can perform and that has like seniority, status, and pay as the former position or the nearest possible seniority, status, and pay.

To be reemployed, a veteran must apply for reemployment no later than the 90th day after the date the veteran is discharged or released from active military service. Application must be made in writing to the President and have attached to it evidence of the veteran's discharge, separation, or release from military service under honorable conditions.

A person reemployed after active military service shall not be discharged without cause before the first anniversary of the date of the reemployment.

"Military Service" means serve as a member of the regular or reserve armed forces of the United States, the Texas National Guard, or the Texas State Guard.

Religious Observances

The College District will reasonably accommodate an employee's request to be absent from duty in order to participate in religious observances and practices, so long as it does not cause undue hardship to the conduct of College District business. Such absence shall be charged to vacation pay, if available. If vacation pay is not available the absence shall be treated as leave without pay.

The College District shall not discriminate against or penalize in any way an employee who is absent from work for the observance of a religious holy day, gives proper notice of that absence, and holds a bona fide religious belief.

"Proper notice" shall consist of providing a list of religious holy days to be observed during the calendar year to the supervisor and for faculty providing notice of such days in advance to all students whose class would be canceled due to the faculty member's absence. This notice shall be in writing and shall be personally delivered to the supervisor before the first-class day of the academic year, receipt therefore being acknowledged and dated by Human Resources, or shall be sent by certified mail return receipt requested, addressed to Angelina College Human Resources.