Voluntary Shared Leave

Purpose of Policy:

The university recognizes that staff members may have personal or family medical emergencies that cause a severe impact to them, resulting in a need for time off in excess of their available sick or vacation leave. To address this need, all eligible staff members will be allowed to donate sick or vacation leave from their unused balance to their eligible co-workers in need, in accordance with the shared leave policy as outlined below.

Statement of Policy:

Eligibility

All staff members in regular appointments who are eligible to earn sick and vacation leave may participate in the shared leave program, as recipient or donor of shared leave benefits, after 12 months of continuous employment and 1250 hours worked. The shared leave program is strictly voluntary; no staff member shall be compelled to participate in the shared leave program.

Receipt Criteria

A staff member applying for shared leave benefits must have a situation that meets all of the following criteria:

• An incapacitating, critical, or catastrophic illness or injury of the staff member or an immediate family member that poses a threat to life and/or requires hospital or hospice health care and that has been certified by the treating licensed healthcare practitioner.
• The staff member will deplete, or has depleted, all of his or her own accrued sick and vacation leave.
• The staff member qualifies for FMLA leave due to the staff member's or immediate family member's qualifying illness or injury. Exceptions may be granted by the Shared Leave Review Panel for staff members who are not eligible for FMLA leave.
• The staff member has abided by the university's other policies, including vacation leave, sick leave, leave of absence and attendance policies.
• The staff member is not eligible for workers' compensation time loss benefits in connection with the illness or injury causing the request for shared leave benefits. If the staff member is eligible for workers' compensation benefits, shared leave cannot be used to supplement time loss benefits.

Donation Criteria

Sick or vacation leave is transferred directly from the donor to the recipient, reported as shared leave used, and paid at the recipient's current rate of pay. Accepted donations of sick or vacation leave are irrevocable.

Staff members are eligible to donate leave according to the criteria below.

Sick Leave: Minimum donation: Eight (8) hours

Minimum balance required: Sick leave balance cannot drop below 40 working days

Vacation Leave: Minimum donation: Eight (8) hours

Minimum balance required: Vacation leave balance cannot drop below 10 working days

Procedures:

Recipient Procedures

Application

A staff member may request shared leave by completing the Voluntary Shared Leave Application Form and submitting it to Human Resources.

The university will require that the treating licensed healthcare practitioner furnish medical certification prior to authorizing shared leave benefits. Periodically thereafter, medical re-certification may be required. If the recipient fails to provide medical certification, the recipient's continued receipt of shared leave shall be terminated. Human Resources will provide a Licensed Healthcare Practitioner Statement for the treating licensed healthcare practitioner's use.

Human Resources will authorize shared leave benefits consistent with medical certification up to a maximum of ninety (90) days shared leave. Re-certification for additional shared leave may be possible at the discretion of the Shared Leave Review Panel. A staff member's total paid leave is limited to a maximum of 180 days annually of combined sick leave, vacation leave, and shared leave.

Shared Leave Use

If the recipient staff member has available sick and vacation leave at the time the shared leave application is approved, this leave will be used prior to using any shared leave. Shared leave benefits will run concurrently with any other applicable leave, such as family medical leave. Shared leave may only be used for time off related to the approved request.

While a staff member is using shared leave benefits, he or she will remain on the university's payroll and remain classified as a staff member. The staff member will receive the pay and benefits he or she would otherwise receive if using his or her own sick or vacation leave, except that he or she will not earn vacation and sick leave benefits based on shared leave use.

Return to Work

In the case of a staff member's own illness or injury, medical certification by the staff member's treating licensed healthcare practitioner will be required consistent with the provisions of the sick leave policy before the staff member's return to work.

Conclusion of Shared Leave Benefits

The recipient's use of shared leave shall conclude when one of the following events occurs:

• When the full amount of shared leave authorized has been used
• When donated shared leave has been exhausted
• When the recipient has received the maximum allowable leave
• When the recipient returns to work
• When the staff member is no longer employed by the university
• When the recipient uses shared leave inappropriately
• When the medical certification period ends
• Upon determination of the Shared Leave Review Panel, in its sole discretion

Appeal

The decision to deny an application for shared leave, in whole or in part, or to involuntarily terminate shared leave which has been awarded, is subject to review by the Shared Leave Review Panel. This three-person panel will include the Staff Senate Chair, a member of the President's Cabinet (other than the cabinet member who oversees the appealing staff member's department) and the Associate Vice President for Human Resources and Career & Employment Services. An individual seeking review must notify the university of his or her appeal by submitting the appeal in writing to the Compensation and Benefits Director within five (5) working days after being notified of the decision. The Shared Leave Review Panel's decision is final.

Donor Procedures

A staff member may donate shared leave by completing the Voluntary Shared Leave Donation Form and submitting it to Human Resources. All requests for shared leave donations will be solicited by Human Resources without reference to the name or circumstances of the staff member requesting shared leave.

Right to Amend or Terminate Plan:

This program will be administered in coordination with the university's other policies and benefit programs, including sick leave, vacation leave, FMLA leave, and long term disability insurance. The university intends this program to be a continuing one but reserves the right to amend or terminate this program at any time and to terminate benefits hereunder.

Responsibilities:

The Compensation and Benefits Director will administer the shared leave policy.

The Shared Leave Review Panel is a three-person panel comprised of the Staff Senate Chair, a member of the President's Cabinet (other than the cabinet member who oversees the appealing staff member's department), and the Associate Vice President for Human Resources and Career & Employment Services. The panel will review all appeals of decisions to deny applications for shared leave, in whole or in part, and may involuntarily terminate shared leave which has been awarded, at its sole discretion. The Shared Leave Review Panel's decision is final on all matters associated with this policy.

Regulatory or Authoritative references:

This policy is influenced by the regulations set forth in the FMLA.

Definitions/descriptions/abbreviations (if applicable):

1. An immediate family member, for the purpose of this policy, shall include the staff member's spouse, domestic partner, parent, parent-in-law, grandparent, biological child, adopted child, foster child, step child, or sibling.
2. FMLA - Family and Medical Leave Act

Related Documents, Forms and other related policies:

Voluntary Shared Leave Donation Form

Voluntary Shared Leave Application Form

Licensed Healthcare Practitioner Statement

Affidavit of Marriage or Domestic Partnership

Sick Leave Policy

Vacation Leave Policy

Family and Medical Leave Policy

Disability Leave Policy

Long-term Disability Insurance Plan