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5.1 Jury Duty/Court Related Leave.
All faculty called/subpoenaed as witnesses or jurors will notify the appropriate dean/supervisor as soon as possible after being called/subpoenaed. Called/subpoenaed faculty required to serve as jurors or appear as witnesses during a working day on which otherwise they would have been scheduled to work, will be paid their normal salary during this period, provided the faculty member shall promptly reimburse the college any monies paid for such service which must be reported as income to the Internal Revenue Service (other than payments for meals, travel or other expenses). Such time will not be deducted from accumulated sick leave or personal leave.
5.2 Maternity/Parental/Adoption Leave
Employees are entitled to a Maternity/Parental/Adoption Leave subject to the following conditions
- 1. The employee shall notify the Human Resources department, in a written statement, indicating the date that the child is expected to arrive. Application for Parental/Adoption Leave shall be submitted to the Human Resources Department at least one hundred twenty (120) calendar days prior to the anticipated arrival of the child. At the time of application the employee must designate all of his/her leave intentions.
- 2. Leave may be taken as follows:
a. If eligible for Family and Medical Leave Act (FMLA) the employee will be entitled to twelve (12) weeks of leave as outlined in Article V, Section 5.3.
OR
b. If the employee is not eligible under the provisions of the Family and Medical Leave Act he/she will be entitled to leave for up to 12 weeks as follows:
- 1. During this time the employee must use any accumulated benefit time.
- 2. During this time the employee must use any accumulated benefit time.
- 3. The employee shall pay for his/her share of dependent health insurance premiums.
- 3. At the conclusion of the Maternity/Parental/Adoption Leave as outlined in paragraph two (2), the employee may request an unpaid leave Parental Leave up to forty (40) weeks. The employee will be responsible for maintaining all of his/her health insurance premium benefits, if he/she so desires, by making the appropriate payments to Human Resources as outlined in their application for Maternity/Parental/Adoption Leave.
- 4. An employee who is granted a Parental Leave will return to his/her former position at the conclusion of the leave provided the employee returns by the fifth week or earlier of the semester in which he/she wishes to return.
- 5. In the event that the leave ends after the fifth week of the semester, the college retains the right to keep the employee on leave until the start of the following semester.
- 6. This section shall not be applicable if the child is attending school (except kindergarten)
5.3 Family Medical Leave.
For simplification in this document:
FMLA refers to Family Medical Leave Act
FML refers to Family Medical Leave
1. Eligible faculty are faculty who have been employed for at least twelve (12) months by the College. Eligible faculty shall be entitled to a total of twelve (12) contract workweeks of unpaid leave which they are scheduled to teach during any twelve (12) month period for one or more of the following:
- A. in order to care for the spouse, child or parent, of the faculty member, if such spouse, child or parent has a serious health condition.
- B. because of a serious health condition that makes the faculty member unable to perform the functions of the position of such faculty member.
- C. because of reasons provided for under the provision “Parental Leave” as stated in this contract. The aggregate number of workweeks taken for parental leave and FMLA leave shall not exceed the balance of the academic year in which it commences plus one additional academic year.
2. Intermittent Leave. Leave under subparagraph (A) or (B) may be taken intermittently or on a reduced schedule leave when medically necessary. The taking of leave intermittently or on a reduced schedule leave shall not result in a reduction in the total amount of leave to which the faculty member is entitled beyond the amount of leave actually taken.
3. Alternative Position. If a faculty member requests intermittent leave, or leave on a reduced schedule that is foreseeable based upon planned medical treatment, the Board may require such faculty member to transfer temporarily to an available alternative position offered by the Board for which the faculty member is qualified and that:
- A. has equivalent pay and benefits;
- B. better accommodates recurring periods of leave than the regular assignment of the faculty member.
4. Duties of Faculty member. If any case in which the necessity for leave under 1., subparagraph (A) or (B) is foreseeable based upon planned medical treatment, the faculty member:
- A. shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the college. Such treatment shall be subject to the approval of a health care provider's medical determination of the need for treatment; and
- B. shall provide the college with not less than a 30-day advance notice. If the date of the treatment requires leave to begin in less than 30 days, the faculty member shall provide such notice as is practicable.
5. Certification. The Board may require:
- A. 30-day advanced notice of the need to take FMLA leave when the need is foreseeable;
- B. medical certifications supporting the need for leave due to a serious health condition affecting the faculty member, spouse, child, or parent;
- C. second or third medical opinions and periodic recertification by a designated health care provider of the Board (at the Board's expense); and
- D. periodic reports during FMLA leave regarding the faculty member's status and intent to return to work. Such reports shall include the date of the onset of the condition, the probable duration, the appropriate medical facts, and a statement by the faculty member that they are needed to care for the seriously ill spouse, child, or parent.
When leave is needed to care for spouse, child, or parent or the faculty member's own illness, and is for planned medical treatment, the faculty member must try to schedule treatment so as not to unduly disrupt the employer's operation.
Also, the Board must inform faculty members of their rights and responsibilities under FMLA, including giving specific information when a faculty member gives notice of FMLA leave on what is required of the faculty member and what might happen in certain circumstances, such as if the faculty member fails to return to work after FMLA leave.
6. Leave Designation. An eligible faculty member may elect to substitute any accrued personal leave, or medical or sick leave for any part of the 12-week period of such FML. Such designation shall be prior to the conclusion of the leave.
7. Job Restoration. Faculty electing leave under FMLA shall be given the opportunity to return to work upon conclusion of such leave. Seniority shall accrue during FMLA leave.
8. Maintenance of Health Benefits. The Board is required to maintain group health insurance coverage for faculty on FMLA leave on the same terms as if the faculty member had continued to work. Faculty shall pay their share of health insurance premiums while on leave. If the faculty member fails to return to work, the Board may recover premiums it paid to maintain her/his health coverage.
5.4 Personal Leave.
Each faculty member shall be granted two (2) days without loss of salary each academic year for personal leave. Such leave shall be for the purpose of completing matters which cannot reasonably be attended to or postponed to days or hours on which the faculty member is not required to be on campus. If unused, such leave shall accumulate as sick leave. Notice of planned utilization of personal leave shall be given in writing to the dean/supervisor or designee at least seventy-two (72) hours in advance, except in an emergency, when such notice shall be given orally as soon as possible, and thereafter promptly confirmed in writing. Personal days shall be taken in units of one-half (1/2) days.
The fractional amount of leave requested shall be calculated in relation to the in-class commitment of the faculty member on the intended leave day, i.e., an individual with an in-class commitment of two classes in the morning, who misses one of the two classes, would be charged one-half (1/2) day leave.
Acknowledgment of the use of a personal day is to be recorded in the Human Resource's Office or its designee.
Personal leave is not intended to be used for extension of a holiday or vacation period. Only in cases where personal leave and holiday or vacation period are unrelated will consideration be given.
5.5 Professional Activity / Meeting Leave.
Leaves of absence without loss of pay or other benefits may be granted by the dean/supervisor for a faculty member to attend professional meetings. Refusal of a request for professional meeting leave may be appealed to the Vice President for Instruction and Student Services.
Faculty may use four (4) days during each year of this contract for professional activities of his/her choice.
Notice to use professional leave shall be given in writing to the dean/supervisor or designee at least seventy-two (72) hours in advance.
5.6 Religious Leave.
A faculty member may utilize up to three (3) days without loss of pay or deduction of personal leave to observe recognized religious holidays of his/her faith if such observance requires such leave. Notice of intent to utilize such leave shall be given in writing at least fifteen (15) calendar days in advance.
5.7 Sabbatical Leave.
- 1. The Board shall grant to four (4) eligible, full-time, tenured faculty who shall have appropriately applied for the same sabbatical leave, provided that, in the judgment of the Faculty Development Committee and concurrence of the Board by its resolution, such leave will clearly add to the effectiveness of the faculty member in the performance of his/her responsibilities at the college and/or clearly accrue to the benefit of the college.
- 2. Tenured faculty are eligible to seek a sabbatical leave for an academic semester, an academic year or a summer after having completed six (6) years of full-time service as a faculty member of the college or since his/her last academic semester or academic year sabbatical leave. Tenured faculty will be eligible to seek an academic semester or academic year sabbatical leave three (3) years after the completion of a summer sabbatical. Furthermore, tenured faculty are eligible to seek a summer sabbatical three (3) years after the completion of an academic semester, academic year, or summer sabbatical. A faculty member shall not be eligible for any sabbatical leave following an academic year in which he/she was on leave of absence for sixty (60) days or more.
- 3. Faculty shall make application for sabbatical leave in writing to the Vice President for Instruction and Student Services or designee pursuant to a reasonable timetable which shall be established. Such application shall include all the dates pertinent to such leave.
- 4. Two (2) sabbatical leaves shall be for a period of one (1) academic semester or one (1) academic year, and two (2) shall be for the summer term.
- 5.
A. During the period of sabbatical leave, faculty shall receive one-half (½) of his/her salary for an entire academic year, or all of his/her salary for a leave of one (1) semester.
Faculty on sabbatical leave during the summer session shall receive a stipend equal to six (6) credit hours multiplied by the summer school rate as referenced in section 6.14.
B. If, during the period of sabbatical leave, the faculty earn taxable remuneration for contracted work, the salary paid by the College shall be reduced accordingly. Faculty may accept a stipend or grant intended to cover expenses but which does not require the performance of specific duties. Taxable remuneration shall not include royalties, dividends, interest or like income not derived from work performed during the period of the sabbatical leave.
C. As used in the preceding subparagraph, "salary" shall not include any additional amounts for summer school, extra-duty stipends or overloads. All insurance benefits shall continue and sick leave and vertical movement on the salary schedule, if any, shall accrue during the term of the leave.
D. Faculty on sabbatical leave shall not teach at Elgin Community College or perform their customary duties, unless approved by their Dean or immediate supervisor.
- 6. As a condition precedent to sabbatical leave, faculty shall agree to return to the college as full-time faculty for at least one (1) academic year immediately following the conclusion of such leave and shall execute a promissory note assuring restitution of all salary paid during such leave if he/she does not return, such to be payable in bi-monthly installments over a term not to exceed twice the length of the leave.
- 7. Faculty shall make a comprehensive written report to the College President and the Board at the conclusion of the leave. This report should include, but is not limited to, a summary of the program of study or project, an evaluation of the experience, and how the results of the leave will be used to improve instruction.
5.8 Sick Leave.
Faculty shall have the right to utilize sick leave due to personal illness or disability or because of a medical emergency in the faculty member's family defined as spouse, children, parents, grandparents and grandchildren. Sick leave in case of serious illness or death to immediate family shall be limited to five (5) days. If extenuating circumstances arise, the College President may approve additional leave. A doctor's statement substantiating the illness and/or verifying ability to return to work may be required.
Sick leave shall be earned at the rate of twelve (12) days per year with unlimited accumulation. All sick days shall be available on the first day of the academic year. No payment for unused sick time accrued will be made. If legislation during the term of this contract requires the college to pay faculty members for unused accrued sick days, the maximum which may be accrued for payment is one hundred and eighty (180) days.
Faculty who are disabled and have used all of his/her accumulated sick leave shall be paid one-half ( his/her salary for a maximum of sixty (60) calendar days or until the State Universities Retirement System (SURS) begins disability payments, whichever comes first.
The Board authorizes ECCFA to establish a Sick Leave Bank. Donations to this bank will be open to all faculty members and will be voluntary. The bank shall be administered by Human Resources.
The Sick Leave Bank is subject to the following guidelines:
- 1. Notices of participation in the bank must be provided on the appropriate form to Human Resources no later than September 30 for the current academic year.
- 2. Notice of withdrawal of participation must be made no later than September 30 for the current academic year. Days already donated shall remain in the bank.
- 3. Each faculty member may contribute up to two (2) sick days per academic year to the bank.
- 4. After depletion of personal sick leave, any ECC employee may apply to a faculty committee chaired by a member of the Human Resources staff for additional sick days from the bank. This committee will establish general guidelines for distribution of banked days. If the committee denies the request, the committee will notify the applicant in writing, with the reasons for denial.
- 5. The Sick Leave Bank shall be available only for the illness of the employee and not for the illness of a family member.
Employees applying to the bank shall absolve and hold harmless in all respects the Board of Trustees, the administration, ECCFA and the committee regarding the establishment and implementation of the Sick Leave Bank.
5.9 Leave of Absence.
Faculty may be granted an extended leave of absence for personal reasons, without remuneration, when the requested leave does not create a disruption of the activities of, nor an undue hardship upon, the College. Such leaves are not to exceed one academic year. All requests for such leaves are to be made to the dean/supervisor and, if recommended, submitted by the administration to the Board for approval. Faculty granted leave under this provision will, upon returning to the staff, be entitled to full reinstatement of all provisions of tenure, if applicable, and other suspended benefits. No sick leave, vacation time, nor time counted toward tenure status shall be accrued during such a leave. Faculty on leaves granted for educational improvements and work experience shall be advanced one (1) step on the salary schedule as though they were not on leave, provided they carry out the provisions of the leave. Those on leave for any other purpose shall not be advanced on the salary schedule.
Faculty may be granted an extended leave for the purpose of educational improvement, work experience, family hardship or other personal reasons.
5.10 Employment Status at Conclusion of Leave of Absence.
Except as otherwise provided elsewhere in this contract, any faculty granted a leave of absence shall be treated by the Board upon termination of such leave in the same manner as though such faculty member had not been on leave of absence, provided only that all of the conditions of such leave have been complied with by the faculty member.
5.11 Unemployment Compensation.
As a condition precedent to all leaves of absence, faculty agree to waive any claim of whatsoever nature for unemployment compensation during the period of such leave.
5.12 Notice of Intention to Return.
In all instances where faculty are granted a leave of eight (8) months or more, as a condition thereof, faculty must advise Human Resources at least ninety (90) calendar days (or March 15, whichever occurs first) prior to the beginning of the next semester (after expiration of leave) of his/her intention of return. If notice is not given as required herein, it shall be treated as an election not to return to employment and as a resignation from the College.
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